Sept. 23 – Oct. 7, 2018
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS DRAWING.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
1. GIVEAWAY DESCRIPTION: The Octoberfest 2018 Giveaway (“Promotion”) begins on September 22, 2017 at 6:00 a.m. and ends on October 7, 2017 at 6:00 p.m. (“Promotion Period”).
2. SPONSOR: The sponsor of this Sweepstakes is Schulz Bräu Brewing Company (“Sponsor”). By participating in the Promotion, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Promotion. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion. Sponsor may be reached by phone at (800) 245-9764 during the Promotion Period.
3. ELIGIBILITY: Open to legal residents of the 48 contiguous United States and the District of Columbia who are Twenty One (21) years of age and older and who are legally able to travel internationally to Munich, Germany (“Entrants”). The Prize Package described below will only be awarded and/or delivered to addresses in the described geographic areas. Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (“Promotion Entities”), are ineligible to enter the Promotion or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
4. PRIZE: The winning Entrant (“Winner”) will receive an Octoberfest Vacation Package (“Prize Package”) for Two (2) to Munich, Germany, at dates and time determined in the sole discretion of Sponsor, but during the annual Oktoberfest celebration set to take place September 21 through October 6, 2019. The Prize Package includes round-trip airfare from McGhee Tyson Airport (TYS) in Knoxville, Tennessee, to Munich Airport (MUC) in Munich, Germany, hotel accommodations for Six (6) nights in Munich, a Seven (7) day pass for public transit in Munich and a $1,000 cash prize. Approximate Retail Value (“ARV”) equal to $6,000.
Prize Package cannot be transferred, redeemed for cash or substituted by Winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the Prize Package represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of the Prize Package awarded. Restrictions, conditions, and limitations apply. Sponsor will not replace any lost or stolen prize items.
All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the Winner (see Paragraph 13). Failure to comply with the Official Rules will result in forfeiture of the Prize Package and any other damages, including injunctive relief, deemed appropriate by the Sponsor under the circumstances.
5. HOW TO ENTER: Entrants may enter the Promotion during the Promotion Period in the following ways:
a. REVERSE DRAWINGS: Visit Schulz Bräu Brewing Company at 126 Bernard Avenue, Knoxville, Tennessee 37917 during the hours of operation on any of the following dates: September 23, 24, 26, 28, 29, October 1, 2, 3, 5 and 7, 2018 (“Entry Dates”). On each of the Entry Dates, the first Ninety Nine (99) eligible persons to enter the building (“Standard Entries”), along with the first Ninety Nine (99) eligible persons wearing either Lederhosen or Dirndl (“German Garb Entries”), will receive a ticket to participate in a drawing for that day. At 9:00 p.m. on each Entry Day (except for October 7, 2018, when the tickets will be drawn at 5:30 p.m.), Sponsor will select Three (3) tickets from among the Standard Entries and Three (3) tickets from among the German Garb Entries. These Six (6) tickets from each Entry Day will be entered in the Final Drawing on October 7, 2017 at 7:30 p.m. Entrants must be present at the time of the Entry Day drawing to be eligible for entry in the Final Drawing. Entrants must be present at the time of the Final Drawing to be eligible to win the Prize Package. A total of Thirty (30) Standard Entries and Thirty (30) German Garb Entries will be eligible for the Final Drawing.
b. COMPETITIONS: Visit Schulz Bräu Brewing Company at 126 Bernard Avenue, Knoxville, Tennessee 37917 during the hours of operation and win any of a number of free games (“Game Entries”) organized by the Sponsor at dates and times during the Promotion Period in the Sponsor’s sole discretion. Nine (9) Game Entries will be eligible for the Final Drawing.
c. PARTNER DRAWINGS: Win an entry from any of our Promotion Partners (“Partner Entries”) in a separate and independent drawing conducted by a Promotion Partner at the Promotion Partner’s sole and absolute discretion. The Sponsor is not responsible for any Promotion Partner’s drawing or issuance of Partner Entries. A total of Thirty (30) Partner Entries will be eligible for the Final Drawing.
Final eligibility for the award of any prize is subject to eligibility verification as set forth herein. All Entries must be received by the end of the Promotion Period in order to participate.
6. WINNER SELECTION – THE FINAL DRAWING: Sponsor will randomly select the winning entry from a total of Ninety Nine (99) entries comprised of Thirty (30) Standard Entries, Thirty (30) German Garb Entries, Nine (9) Game Entries and Thirty (30) Partner Entries at the Final Drawing on October 7, 2017 at 7:30 p.m. at Schulz Bräu Brewing Company at 126 Bernard Avenue, Knoxville, Tennessee 37917. Potential Winner must accept the Prize Package, and all terms and conditions under these Official Rules, in writing by signing a copy of these Official Rules. Failure to accept the Prize Package in accordance with this paragraph will result in forfeiture of any rights to the Prize Package. No substitution or transfer of a Prize Package is permitted.
7. CONDITIONS OF PARTICIPATION: Participation constitutes Entrant’s full and unconditional agreement to comply with and acceptance of these Official Rules, all terms and conditions set forth in these Official Rules and Sponsor’s decisions, which are final and legally binding in all respects. Winner’s failure to comply with these Conditions of Participation upon winning the Prize Package constitutes a material breach of this agreement resulting in liquidated damages equal to the ARV of the Prize Package.
a. OKTOBERFEST ATTENDANCE: The Winner will attend at least Two (2) days, one of which must be September 21, 2019, of the 2019 Oktoberfest folk festival taking place between the dates of September 21 and October 6, 2019 while using the Prize Package in Munich, Germany.
b. SOCIAL MEDIA: The Winner will upload at least one image or video of Winner and his/her guest wearing Sponsor-provided branded attire (i.e. t-shirts, hats, etc.) with Sponsor logo and background scenery (i.e. Munich landmarks, Oktoberfest, etc.) clearly visible to the following social media sites: Facebook, Twitter, Instagram, or such sites as otherwise required by the Sponsor. The Winner will tag Schulz Bräu Brewing Company in each post. The Winner will also participate in a Facebook Live stream from Oktoberfest on September 21, 2019, at the time predetermined by the Sponsor. Due to the requirements of this paragraph, Winner must maintain a Facebook account, and any other social media account required by Sponsor, while using the Prize Package.
c. PUBLICITY REQUIREMENTS: Acceptance of the Prize Package shall constitute the Winner’s agreement and consent for Sponsor and its designees to use winner’s name, likeness, photo, avatar, and/or prize information (city and state of residence) in connection with this Competition for promotional, advertising or other purposes, in any manner, worldwide, in any and all media, whether now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration for a period of Ten (10) years. The Winner must sign a release and license to use image, name and/or voice to such effect.
8. DISCLAIMER: Subject to applicable laws, Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBJECT TO APPLICABLE LAWS, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY: Sponsor and each of its respective officers, directors, employees, agents, affiliates, successors, and assigns (all collectively the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant or not, printing, typographical or other errors, or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion;
(4) printing, typographical, technical, computer, network or human error which may occur in (a) the administration of the Promotion, (b) the uploading, processing, or random selection of entries, (c) the announcement of the Winner or potential winners, or (d) the prizes or any Promotion-related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged or stolen entries or mail; (6) costs associated with claiming or redeeming the prizes; and/or (7) losses or damages resulting from an Entrant’s connection to the Internet via any of the websites referenced herein. The Released Parties are not responsible for any (a) incorrect, mistranscribed, misdirected or undeliverable entries or e-mail transmissions, (b) incorrect announcements, (c) technical problems, including, without limitation, malfunctions of computer systems, servers, providers, or any hardware/software, (d) lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission, or (e) a combination of any of the foregoing. Sponsor assumes no responsibility for (i) late, lost, incomplete, inaccurate or damaged entries, (ii) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client, or (iii) insufficient space in user’s e-mail account to receive e-mail. Sponsor shall not be responsible for any damage (whether material or non-material) caused to Entrant’s computer equipment or to data which is stored on such equipment, or to Entrant’s personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor or Administrator.
10. FRAUD; RESERVATION OF RIGHTS: Sponsor reserves the right to cancel, suspend, and/or modify this Promotion, or any part of it, if any fraud, technical failures, or any other factors impair the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winners from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Promotion, (b) acting in violation of the Official Rules of this or any other promotion, or (c) acting in an dishonest, fraudulent, unsportsmanlike or disruptive manner, and to void all associated entries. The preceding remedy in no way precludes Sponsor from taking legal or other actions against such individuals so as to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.
11. RELEASE AND INDEMNITY: By participating, Entrant hereby releases the Released Parties, and agrees to indemnify, defend, and hold the Released Parties, and the other persons and entities involved in the development, production, and/or administration of the Promotion, harmless, from any and all liability for losses, harm, damage, injury, costs, fees, and expenses, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Promotion, any Promotion-related activity, and/or acceptance, receipt, possession or use/misuse of the Prize Package, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy and merchandise delivery.
12. FORCE MAJEURE: If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of fraud, technical failures, fire, flood, earthquake, storm or other natural cataclysm, riot, strike, terrorist activity, civil commotion, governmental regulation, or any other causes beyond the control of Sponsor which, in its sole opinion, corrupts or affects the administration, security, fairness, integrity, proper conduct or safety of the Promotion (or any part thereof), Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, or to thereafter conduct the Promotion by selecting the prize winner(s) for the affected Promotion drawing from among all eligible entries received for such affected Promotion drawing prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.
13. TAXES: Winner is solely responsible for any and all local, state and federal taxes related to acceptance of the Prize Package. Winner agrees to complete Internal Revenue Service Form W-9 Request for Taxpayer Identification Number and Certification upon acceptance of the Prize Package.
14. DISCLOSURE OF WINNER – OFFICIAL RULES: To obtain the Winner’s name or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Schulz Bräu Brewing Company at 126 Bernard Avenue, Knoxville, Tennessee 37917 or visit http://schulzbraubrewing.com/giveaway_official_rules/. Requests for the name of the Winner must be received no later than Thirty (30) days after the Promotion Period has ended.
RELEASE AND LICENSE TO USE IMAGE, NAME AND/OR VOICE
I, the undersigned, hereby grant Schulz Bräu Brewing Company (the “Sponsor”) permission to use, exploit, adapt, modify, reproduce, distribute, publicly perform and display, in any form now known or later developed, my image or visual likeness, my name and/or my voice (“Personal Information”) as specified in this Release, throughout the world, by incorporating it or them into publications, catalogues, brochures, books, magazines, photo exhibits, motion picture films, internet websites, videotapes, and/or other media (“Works”) or commercial, informational, educational, advertising, or promotional materials relating thereto for a period of Ten (10) years from the date written below.
I release, and hereby agree to indemnify, defend, and save harmless Sponsor, its agents, employees, licensees and assigns (collectively, “Released Entities”) from any and all claims I, or any third party, may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation or any other cause of action arising out of the use, exploitation, reproduction, adaptation, distribution, broadcast, performance or display of the Personal Information.
I waive any right to inspect or to approve any Works that may be created using the Personal Information and waive any claim with respect to the eventual use to which the Personal Information may be applied. The Personal Information may be used at the Sponsor’s sole discretion, with or without my name or with a fictitious name, and with fictitious or accurate biographical material, alone or in conjunction with any other material of any kind or nature except that Sponsor will not use the Personal Information for any criminal or illegal purposes or in a manner inconsistent with community standards of decency.
I understand and agree that Sponsor is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Works, and any commercial, informational, educational, advertising, or promotional materials containing the Personal Information.
I am of full legal age and have read this release and am fully familiar with its contents. By my signature below indicates my full and unqualified consent to the terms of this Release and License.