1. Sweepstakes Period: The “2018 Give Back Night Sweepstakes” (the “Sweepstakes”) entry period begins at 12:01 a.m. Eastern Time (“ET”) on November 28, 2018 and end at 11:59 p.m. ET on November 28, 2018 (the “Sweepstakes Period”). Sponsor’s computer system is the official timekeeping device for the Sweepstakes.
2. Sponsor: Miller’s Ale House, Inc., 5750 Major Blvd., Suite 400, Orlando, FL 32819.
3. How to Enter. NO PURCHASE NECESSARY. Internet access required at your cost. An individual meeting the Eligibility Criteria may enter the Sweepstakes during the Sweepstakes Period as follows (each method an “Entry,” collectively, the “Entries”):
(i) Enter by Text Message. To enter, during the Sweepstakes Period, visit a participating restaurant in the state of Florida, locate the code displayed on Sweepstakes promotional flyers at the participating restaurant and text the code WINJAKE to 75272. You will receive a text message in response with a link to an online entry form. Complete and submit the online entry form with all required information during the Sweepstakes Period. As a condition of entry, participants will be required to sign up for Sponsor’s Raving Fans loyalty program. Participant is free to opt out of the Raving Fans loyalty program at any time. Entry requires a mobile phone with an active text messaging plan at entrant’s cost. Entrant’s wireless carrier’s standard messaging and data rates may apply, at entrant’s cost.
(ii) Mail-In Entry. During the Sweepstakes Period, send an email to firstname.lastname@example.org with the subject line “2018 Give Back Night Sweepstakes” and include the following information: your first name, last name, mailing address, city, state, zip code, telephone number (including area code), email address, and year and date of birth (“Mail-In Entry”). Each Mail-In Entry must contain all requested information or the Mail-In Entry may be disqualified. All Mail-In Entries must be received during the Sweepstakes Period. Entries received after the Sweepstakes Period will not be considered.
By submission of an entry, you confirm that you have read, understand and agree to abide by these Official Rules. Your entry must adhere to the Eligibility Criteria listed in Section 4 or your entry will be void and ineligible for entry into the Sweepstakes. Limit: one (1) Entry per eligible person, per email address during the Sweepstakes Period. Entry must be submitted by the entrant him or herself. Any attempt to exceed the maximum number of Entries per person by using multiple/different email addresses, identities, registrations, or any other methods is a violation of these Official Sweepstakes Rules and may result in disqualification. Use of automated devices is prohibited; automated entries (including but not limited to Entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification.
Incomplete, corrupted, garbled, misdirected or otherwise illegible entries, or entries without contact information, or agreement to these Official Rules, are void and will not be accepted. Sponsor reserves the right to disqualify false entries or entries suspected of being false. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. All Entries must be received by Sponsor by the deadlines specified above.
4. Eligibility. This Sweepstakes is open only to individuals who are twenty-one (21) years of age or older, who are legal residents of the state of Florida. The Sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. Officers, directors, managers and employees of Miller’s Ale House, Inc., and each of its respective parents, subsidiaries, advertising and promotion agencies, including companies providing marketing and market research services to Sponsor, consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes are not eligible to participate. Website pages and advertisements relating to the Sweepstakes are intended for viewing only within the State of Florida and entrants must be legal residents of the State of Florida at the time of entry.
5. Grand Prize. There will be five (5) Grand Prize winners. Entrants selected as Grand Prize winners must fully comply with the terms of Section 7 (“Prize Claim Conditions”) below to claim a prize. Limit: one (1) Grand Prize per eligible entrant.
- Grand Prize. The Grand Prize will be two (2) Premier tickets to the Jake Owen Foundation Benefit Concert at the Indian River County Fairgrounds (7955 58th Ave, Vero Beach, FL 32967) on December 8, 2018 at 5:00 p.m. ET (the “Grand Prize”). Approximate retail value (“ARV”) of each Grand Prize (total approximate retail value (“ARV”) of each Grand Prize $300.00; total ARV of all prizes awarded $3,000.00). ARVs are correct at date of publication of these Official Rules, but may be subject to change. Any difference between the ARV and the actual value will not be paid to winner. Sponsor is not responsible for travel to and from the concert. Travel, lodging, food and any other incidentals are the sole responsibility of the winner and are not included in the Grand Prize.
Prizes must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise; however, Sponsor reserves the right to substitute any prize described herein for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a prize, or any component of any prize, cannot be awarded for any reason. Sponsor will not replace any lost or stolen prizes. To the extent permitted by law, Sponsor makes no representations or warranties with respect to any prize. Sponsor is required by law to report prize values to taxing authorities. Winners will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of any prize. Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS).
6. Winner Selection. On or about November 29, 2018 (the “Draw Date”), a random drawing from among all eligible entries will be conducted by Sponsor or its designee to select five (5) different winners. Odds of being selected as eligible to win a prize in this Sweepstakes will depend on the total number of eligible entries timely received in accordance with Section 3. Prizes will be awarded by random draw and there will be no geographically apportioned distribution of the prizes.
7. Prize Claim Conditions. Sponsor will attempt to notify each potential winner via email or phone within approximately twenty –four (24) hours of the Draw Date at the email account or phone number provided by the potential winner on his or her selected entry form. In order to be declared a prize winner, each potential winner must:
(a) Complete and return to Sponsor or its designee by the deadline specified in the documents, a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing Sponsor from any liability in connection with this Sweepstakes or the acceptance, possession, use, or misuse of any prize; and
(b) Be able to claim the tickets no later than 4:00 p.m. ET on December 8, 2018 in person at will call under the winner’s first and last name at Indian River County Fairgrounds (7955 58th Ave, Vero Beach, FL 32967).
Sponsor will attempt to notify each potential winner a maximum of two (2) times. If potential winner does not respond within one (1) calendar day of fist attempt by Sponsor, Sponsor will make a second and final attempt to notify the potential winner. Return of any prize or winner notification as undeliverable, inability to reach the potential winner or failure of the potential winner to respond to notification within one (1) calendar day of second attempt by Sponsor, failure to provide proof of eligibility (if requested), Release documents, or other required documentation in a timely manner, failure to timely collect the tickets, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize at random from all remaining eligible entries received, who will be subject to disqualification in the same manner.
8. General Conditions: By participating Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of any prize), which shall be final and binding with respect to all issues relating to this Sweepstakes. Entry and acceptance of a prize constitute permission to use each winner’s name, prize won, hometown and likeness for print publication, online posting, and any other promotional purposes without further compensation, except where prohibited by law. Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, in whole or in part, and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at the Restaurants and on Sponsor’s official website at: https://millersalehouse.com/. In such event, Sponsor reserves the right to award the prizes at random from among the eligible non-suspect entries received up to the time of the impairment, as determined by Sponsor, in its sole discretion. Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. Sponsor reserves the right to amend these Official Rules. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
9. Limitations of Liability and Releases: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR, AND ITS AFFILIATES AND EACH OF THEIR PARENT COMPANIES, RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, MEMBERS, SHAREHOLDERS, INSURERS, SERVANTS, GUESTS, DIVISIONS, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ASSIGNS, ATTORNEYS, DEALERS, DISTRIBUTORS, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE RELEASED PARTIES HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE.
Entrants acknowledge and agree that the Released Parties do not have any responsibility or liability whatsoever for: (a); unauthorized human intervention in any part of the entry process or the Sweepstakes; (b) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (c) any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to this Sweepstakes and/or any person’s participating in the Sweepstakes; (d) any printing or typographical errors in any Sweepstakes-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, damaged or indecipherable entries; or (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software (if applicable).
11. Dispute Resolution: Except where prohibited by law, by entering you agree that: (i) all issues and questions concerning the interpretation, validity, and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Florida, without regard to its rules on conflicts of law; (ii) any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of any prize), shall be filed only in the state or federal courts located in the State of Florida, and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action; (iii) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (iv) under no circumstances will you be permitted to obtain awards for and, you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
12. Facebook, Instagram, Twitter, and Fishbowl Release and Disclaimer. Each entrant acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, or Fishbowl. By entering the Sweepstakes, each entrant is providing information to Sponsor and not to Facebook, Instagram, Twitter, or Fishbowl. By entering the Sweepstakes each entrant hereby releases and agrees to hold harmless Facebook, Instagram, Twitter, and Fishbowl, completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to Sponsor and not Facebook, Instagram, Twitter, or Fishbowl.
13. Announcement of Winner. For the identity of the winners, send a self-addressed, stamped envelope after December 8, 2018 to Benefit Night Sweepstakes, c/o Miller’s Ale House, Inc., Attn: Marketing Dept., 5750 Major Blvd., Suite 400, Orlando, FL 32819.