“Calling All Makers” Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. NO ALCOHOL WILL BE AWARDED AS A PART OF THE PRIZE PACKAGE FOR THIS CONTEST. MUST BE A LEGAL U.S. RESIDENT, DOMICILED IN AN ELIGIBLE STATE, AGED 21 OR OVER TO ENTER.
The “Calling All Makers” Contest (the “Contest”) is only intended for legal residents of AZ, CA, CO, CT, DC, DE, FL, GA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, NC, NH, NJ, NV, NY, OH, PA, RI, TN, TX, VA, VT, and WI WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE and shall only be construed and evaluated according to applicable USA law and applicable state law. Do not enter this Contest if you do not have primary residence in one (1) of the eligible states listed below or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Contest is sponsored by The Brooklyn Brewery Corporation, 79 North 11th St., Brooklyn, NY 11249 (the “Sponsor”).
ELIGIBILITY: The Contest is only open to residents of AZ, CA, CO, CT, DC, DE, FL, GA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, NC, NH, NJ, NV, NY, OH, PA, RI, TN, TX, VA, VT, WI. In addition, the Contest is only open to those who are at least twenty-one (21) years of age at the time of entry (the “Entrants”). The Sponsor, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
PHASE ONE: CONTEST SUBMISSION PERIOD:
The Prizes in this Contest will be awarded to the individuals whose submissions have received the highest ratings from the judges in their respective categories.
The Submission Period of the Contest will begin at 12:00:01 am ET on October 18, 2024, and end at 11:59:59 pm ET on December 31, 2024 (“Submission Period”). The Sponsor’s database clock is the official time-keeping device for the Contest.
Two (2) Ways to Enter:
- Website: Visit brooklynbrewery.com/callingallmakers during the Submission Period and follow the online instructions to (1) complete the Contest registration form requesting the Entrant’s full name, complete mailing address, phone number, and email address; and (2) addition, Entrants will be asked to submit their personal details relevant to the questions presented for one of the five entry categories.
- QR Code: During the Submission Period, use your smart phone or other web-enabled device with data plan to scan the Contest quick response (“QR”) code featured on packaging, signs and/or promotional materials at participating stores, or other retail locations, with the QR read application already installed on your phone. You will be directed to a mobile web page at brooklynbrewery.com/callingallmakers (also a website “Website”) and follow the online instructions to (1) complete the Contest registration form requesting the Entrant’s full name, complete mailing address, phone number, and email address; and (2) addition, Entrants will be asked to submit their personal details relevant to the questions presented for one of the five entry categories.
By completing the Contest registration form as described above, an Entrant will receive one (1) Contest entry. LIMIT ONE (1) ENTRY PER ENTRANT PER CATEGORY (Food and Drink, Entrepreneurship, Activism, the Arts, & Music (each a “Category”). Entrants’ entry may be moved from one Category to another by Sponsor at Sponsor’s discretion. In no event shall Entrant be entered more than once per Category, whether by Entrant or Sponsor.
All entries need to be submitted using the English language only. The Entrant is responsible for all costs including transportation associated with entry. All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at https://brooklynbrewery.com/privacy-policy/. By participating in the Contest and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
PHASE TWO: CONTEST JUDGING TO DETERMINE THE TEN (10) FINALISTS IN EACH CATEGORY
Beginning on January 2, 2025, and ending on or about March 31, 2025, all eligible Entries will be judged based on the following contest judging criteria (“Contest Judging Criteria”) by a panel of contest judges (“Contest Judges”) selected by Sponsor, including Sponsor employees and an outside consultant. The Contest Judging Criteria includes:
- Is the applicant actively producing work?
- Is their idea creative and original?
- Does their work do good and contribute positively to people’s lives and the world?
- Is the applicant at a stage where the CAM grant money and 1:1 with the category
judge would have a significant impact on their success?
Ten (10) Entrants per Category (“Semi Finalists”) will be selected to move on to the final phase.
PHASE THREE: CONTEST JUDGING TO DETERMINE THE ONE (1) WINNER IN EACH CATEGORY
Beginning on April 1, 2025, and ending on or about May 30, 2025, all Semi Finalists will be judged based on the following contest judging criteria (“Contest Judging Criteria”) by a qualified judge in each Category (“Finalist Judges”) selected by Sponsor.
The Finalist Judges are as follows:
- Brooklyn Brewery Brewmaster, Garrett Oliver (Food & Drink Innovation)
- Brooklyn Brewery Co-Founder, Steve Hindy (Entrepreneurship)
- NYC Illustrator, Lauren Martin (Arts)
- BRIC Celebrate Brooklyn! Executive Director, Saidah Blount (Music)
- The Stonewall Inn Gives Back Initiative CEO and Co-Founder, Stacy Lentz (Activism)
The Finalist Judging Criteria includes:
- What sums up this applicant and their work? What makes them unique?
- Note any outstanding videos, graphics, etc that capture their message
- How does this concept impact the applicant and the community they serve?
- What impact will the Calling All Makers grant and 1:1 time have on this applicant?
- Does this applicant or their business face discrimination, systemic inequality, or
other hateful friction in their work?
- What samples or examples of their work do we have available for review?
The Finalist Judges will confirm three (3) finalists in each Category (the “Finalists”). Each of the Finalist Judges will conduct a virtual interview with the Finalists in their respective Categories. The Finalist Judges will then determine one (1) Winner in each Category (five (5) total Winners).
ENTRY REQUIREMENTS/RESTRICTIONS: In order to be eligible, entries must be received by Sponsor during the Submission Period. Entries received by Sponsor before the start of the Submission Period or after the end of the Submission Period will be discarded and deemed VOID. Potential entries that do not follow all instructions or do not abide by these Official Rules will be disqualified.
Entrants represent and warrant that they have answered all entry questions honestly and to the best of their ability. Additionally, Entrants represent and warrant that their submitted entry is the original work of the Entrant and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the entry (collectively, the “Clearances”).
By submitting an entry, an Entrant warrants and represents that they consent(s) to the submission and use of the entry in the Contest. By submitting an entry, each Entrant: 1) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 2) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s written permission to use (Sponsor’s discretion; does not apply to Sponsor’s name or products); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or their competitors or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules; (xi) materials which depict minors who are less than twenty one (21) years at the time of entry. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
WINNER NOTIFICATION: The potential Winners will each be contacted by the Sponsor via phone and/or email. Potential Winners will be required to complete, sign and return an affidavit of eligibility and liability and, unless prohibited by law, publicity release to Sponsor within forty-eight (48) hours of prize acceptance. Potential Winners must also agree to attend the awards ceremony in New York City (dates and times to be mutually agreed up). In the event of noncompliance, the prize will be forfeited and may be awarded to an alternate potential winner at the sole discretion of Sponsor. Any alternate potential winner will also be required to adhere to the requirements described herein.
Potential Winners, and their guests, must be at least 21 years of age at the time of entry and may be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that the potential winner will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. If requested, potential winner and their guest must agree to sign waiver forms authorizing the release of personal and background information. In the event of noncompliance, to be determined at the sole discretion of Sponsor, potential winner will be disqualified and an alternate potential winner may be selected at the sole discretion of Sponsor. Any alternate potential winner will also be required to adhere to the requirements described herein.
Any prize notification or prize returned to the Sponsor as undeliverable will result in disqualification and the prize may be awarded to an alternate potential winner at Sponsor’s sole discretion.
Neither Sponsor nor Administrator are responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in a potential winner’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or their prize information.
PRIZES: There will be five (5) Prizes. Each Prize Winner (“Winner”) will receive a $10,000 grant to help fund their vision; round-trip airfare to New York City and hotel accommodations for Winner and one guest, a VISA gift card for ground transportation, meals & gratuities (approximate retail value (ARV) $3,000); the opportunity to showcase their work on Sponsor’s platforms in 2025; and a 1:1 session with their respective Category Finalist Judge (“Prize”).
Total Prize Pool – $50,000 for grants and $15,000 for NYC trips ($13,000 per Winner). The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein, including but not limited to transportation costs to and from Brooklyn Brewery, are the responsibility of the Winners. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any component in their Prize. Each Winner is solely responsible for any taxes on any Prize, will need to fill out a W-9 form with Sponsor, and will receive an IRS Form 1099 for the ARV of the prize. Any valuation of the Prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Any person winning over $600 in prizes from Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Each winner will make reasonable accommodations to attend the Awards Ceremony in New York City. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Prize Winner, if a potential Prize Winner cannot be reached or does not reply as instructed within two (2) days from the first notification attempt, or if a potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Prize Winner may be selected based on the judges’ scoring (time-permitting). Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual for any reason.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information as well as their submitted artwork and company name (if applicable) for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to their Prize.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to (i) disqualify any individual who tampers with the entry process, and/or (ii) cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of a Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA ARE HEREBY EXPRESSLY WAIVED BY THEM. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Contest, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the state of New York; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and they waive any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by May 30, 2025, to: Brooklyn Brewery Calling All Makers Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION INSTAGRAM FROM META (“SOCIAL MEDIA PLATFORM(S)”).
©2024 The Brooklyn Brewery Corporation, 79 North 11th St., Brooklyn, NY 11249
“Create Space: Celebrate Found Family” Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION INSTAGRAM FROM META (“SOCIAL MEDIA PLATFORM(S)”).
The “Create Space: Celebrate Found Family” Contest (the “Contest”) is intended for legal residents of the United States of America (“USA”) (exact states listed below) WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE and shall only be construed and evaluated according to applicable USA law and applicable state law. Do not enter this Contest if you do not have primary residence in one (1) of the eligible states listed below or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Contest is sponsored by The Brooklyn Brewery Corporation, 79 North 11th St., Brooklyn, NY 11249 (the “Sponsor”).
ELIGIBILITY: The Contest is open to legal USA residents who have primary residence in one (1) of the following states: Arizona, California, Colorado, Connecticut, District of Columbia, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington or Wisconsin. In addition, the Contest is only open to those who are at least twenty-one (21) years of age at the time of entry (the “Entrants”). The Sponsor, ViralSweep LLC (the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
TIMING: The Submission Period of the Contest will begin at 12:00:01 am ET on June 27, 2024, and end at 11:59:59 pm ET on August 31, 2024 (“Submission Period”). The Judging Period of the Contest will begin at 12:00:01 am on September 1, 2024 and end at or about 11:59:59 am ET on September 23, 2024 (“Judging Period”). The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER: During the Submission Period, Entrants can be entered into the Contest by visiting the Sponsor’s Contest website, www.brooklynbrewery.com/createspacefoundfamily (the “Website”). At the Website, Entrants must follow the links and instructions to complete the Contest registration form requesting the Entrant’s full name, complete mailing address, phone number, and email address. In addition, Entrants will be asked to submit a response (100 words or less) explaining what your found family means to you and who you would bring to Brooklyn Brewery? By completing the Contest registration form as described above, an Entrant will receive one (1) Contest entry. LIMIT ONE (1) ENTRY PER ENTRANT.
All entries need to be submitted using the English language only. The Entrant is responsible for all costs including transportation associated with entry. In the event that more than one of exactly the same answers to the survey questions is submitted, only the first submission received shall be accepted. All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at https://brooklynbrewery.com/privacy-policy/. By participating in the Contest and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
ENTRY REQUIREMENTS/RESTRICTIONS: In order to be eligible, entries must actually be received by Sponsor during the Submission Period. Entries received by Sponsor before the start of the Submission Period or after the end of the Submission Period will be discarded and deemed VOID. Those who do not follow all of the instructions or do not abide by these Official Rules or other instructions of Sponsor will be disqualified.
Entrants represent and warrant that their submitted entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the entry (collectively, the “Clearances”).
By submitting an entry, an Entrant warrants and represents that he/she/they consent(s) to the submission and use of the entry in the Contest. By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a perpetual, royalty-free, worldwide, non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including, without limitation, to edit, rearrange, and/or copy the entry for use in the Contest of Sponsor’s products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s written permission to use (Sponsor’s discretion; does not apply to Sponsor’s name or products); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules; (xi) materials which depict minor children who are less than eighteen (18) years at the time of entry. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to (i) disqualify any individual who tampers with the entry process, and/or (ii) cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of a Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
WINNER DETERMINATION/NOTIFICATION: During the Judging Period, each entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor. Each entry will be judged based on the clear relationship between the submission and the following criteria:
– 50% – Creative merit of response
– 50% – Literary merit of response
Up to ten (10) potential Prize Winners will be selected based on the judge’s scoring. All decisions of the Sponsor (and appointed judge(s)) are final and binding. The potential Winners will each be contacted by the Sponsor (or Administrator) via phone and/or email.
PRIZES: There will be up to ten (10) Prizes available. Each Prize Winner (“Winner”) will receive a day/night at Brooklyn Brewery with up to ten (10) friends awarded as a $250 gift card (“Prize”). The prize must be redeemed by December 31, 2024, and is subject to blackout dates determined by the Sponsor, including holidays and events
Total Prize Pool – $2,500. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein, including but not limited to transportation costs to and from Brooklyn Brewery, are the responsibility of the Winners. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any component in their Prize. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Prize Winner, if a potential Prize Winner cannot be reached or does not reply as instructed within two (2) days from the first notification attempt, or if a potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Prize Winner may be selected based on the judges’ scoring (time-permitting).
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to their Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Contest, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the state of New York; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she/they waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by October 30, 2024, to: ASC/VS/BB Found Family Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.