D.G. YUENGLING & SON, INC.
YUENGLING® TAILGATE SWEEPSTAKES
1. NO PURCHASE NECESSARY.
No purchase is necessary to enter or to win. A purchase will not increase your chances of winning. Void where prohibited by law.
2. SWEEPSTAKES DESCRIPTION.
D.G. Yuengling & Son, Inc. ("Yuengling") shall conduct the Yuengling Tailgate Sweepstakes (the "Sweepstakes") and will give away Prizes. Each person who participates in the Sweepstakes fully and unconditionally agrees to comply with and fully abide by these Official Rules and the decisions of Yuengling, whose decision shall be final and binding in all respects, concerning the Sweepstakes.
3. ENTRY PERIOD.
The entry period for the Sweepstakes begins on September 1, 2018 at 12:01 am Eastern Standard Time and ends on October 31, 2018 at 11:59 pm Eastern Standard Time or may be extended or shortened in Yuengling's sole discretion ("Entry Period"). Avid Marketing Group, "AMG", an independent third-party organization, will be the official timekeeper for the Sweepstakes.
The Sweepstakes is open only to legal residents of Connecticut, Delaware, Maryland, New Jersey, New York and Pennsylvania. The age limit to participate in the Sweepstakes is twenty-one (21) years old or older . The following persons shall not be eligible to either participate or win prizes in the Sweepstakes: (a) any person who is a director, officer, employee, agent, franchise owner, shareholder, member, and/or principal of Yuengling or any of its respective divisions, parents, subsidiaries, affiliated companies, franchisees, distributors, wholesalers, retailers, suppliers, service agencies and/or independent contractors of any of the above organizations; (b) any person who is a director, officer, employee, agent, franchise owner, shareholder, member, and/or principal of any Sweepstakes Sponsor (as defined by these Official Rules) or any of their respective divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies and/or independent contractors of any of the above organizations; (c) any person who is a director, officer, employee, agent, franchise owner, shareholder, member, and/or principal of any Prize Supplier (as defined by these Official Rules) or any of its respective divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies and/or independent contractors of any of the above organizations; (d) any person who is an immediate family member (meaning either a biological or step mother, father, sister, brother, daughter, son, IRS dependent and/or spouse) of any person in any of the preceding ineligible person categories regardless of where they live or reside in the same household (and whether related or not) to any person in any of the preceding categories. Transfer of any Sweepstakes materials (including, but not limited to, raffle ticket) by any person in any of the preceding ineligible person categories to an eligible person is strictly prohibited and shall be void. VOID WHERE PROHIBITED BY LAW.
5. HOW TO ENTER.
There are TWO (2) ways to enter this Sweepstakes. During the Sweepstakes Period, send a text message with the word "TAILGATING" from your handset addressed to "55755" ("Entry Method No. 1"). Then, you will receive a text in response which will contain a link to a (mobile) website with the entry form. Complete the entry form by following the on-screen instructions and providing your name, date of birth, state, phone number and email address. For the avoidance of doubt, sending text alone will NOT result in entry; the entry form must also be completed and submitted in accordance with the provided instructions.
You will be charged for all text messages sent and received from your handset according to the terms in your individual calling plan with your cellular provider. For additional support, text HELP to 55755 or STOP to cancel at any time. All entrants using Entry Method No. 1 must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method. Standard text messaging fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate. Check your phone capabilities for specific text messaging instructions. Text messaging service is not available in all areas.
Alternatively, you can go to wwwYuenglingTailgate.com ,and provide your full name, date of birth, state, phone number and email address and follow the on-screen instructions for entry ("Entry Method No. 2").
All entries must be received no later than October 31, 2018 at 11:59:59 p.m. ET. Receipt of entries will be acknowledged. ONE (1) entry per person, regardless of entry method. No alterations or forged entries are permitted. In all cases, prize will be awarded to the name corresponding to the e-mail address indicated on entry form. If entering via mobile website (whether entering via Entry Method No.1 or No. 2), wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to enter via mobile website. Wireless Internet access is not available in all areas.
All entry materials become the property of Yuengling. Yuengling is not responsible for incomplete, inaccurate, lost or illegible entries.
6. DRAWING/GENERAL CONDITIONS.
TWO (2) Winners will be selected at random from all eligible entries received. All entries must be received by 11:59 pm Eastern Standard Time on October 31, 2018 for the Prize drawing. The Winners will be notified on/around November 2, 2018. The Winners will be notified by email by AMG. The Winners will be contacted at the email address that was provided on the Sweepstakes entry. In the event that the selected Winner selected cannot be confirmed and verified within SEVEN (7) business days, the Prize will be awarded to another participant. The Winner will be required to sign an Affidavit of Eligibility, Liability Release and Publicity Release (where legal) within TWELVE (12) days of notification or prize will be forfeited and may be awarded to another winner at Sponsor's sole discretion. Sponsor reserves the right and insists that the winner present valid state photo identification proving they are 21 years of age or older and their identity to AMG. If the Winner is employed during this contest they must also prove to AMG their place of employment. If prize notification is unsuccessful, or in the event of non-compliance with any of these rules, regulations, terms or conditions, the prize will be forfeited and alternate winner may be selected from the remaining eligible entries. By entering the Sweepstakes, the entrant or winner is agreeing to all of these rules. Sponsor reserves the right to void any entry or winner not in compliance with the rules stated above or below. Prize acceptance constitutes permission by the winner (except where prohibited by law) to use, print, publish and broadcast in any media at any time, the winner's name, photograph, identity, portrait, voice, likeness and biographical information for publicity purposes without additional compensation or review.
7. PUBLICITY RELEASE.
By entering the Sweepstakes or accepting any Prize under the Sweepstakes, a winning participant expressly agrees to the use by Yuengling, the Sponsors, and/or the Prize Suppliers and their designees of the winning participant's name, biographical information (city and state), picture, portrait, voice, quotes, comments, image, and/or likeness for the purpose of advertising, trade or sweepstakes without further compensation, notification or consideration in any and all media now known or hereafter developed throughout the world, in perpetuity, unless prohibited by law. Any and all prizes awarded shall be subject to verification of the participant's eligibility and compliance with the terms of these Official Rules by Yuengling.
TWO (2) Grand Prize Winners will be selected to receive a Tailgate Party Pack which includes: ONE (1) Yuengling Tailgate Table, ONE (1) Yuengling Fire Pit and ONE (1) Yuengling Folding Chair for an Approximate Retail Value of $250.00. The Total Approximate Retail Value for all prizes is $500.00. Alcohol beverages arenotpart of the prize. Prizes will be awarded at random. Limit TWO (2) total Prizes for the Sweepstakes. Yuengling assumes no liability or responsibility in connection with the safety or performance of the Prize awarded hereunder nor in connection with any warranty or representation therewith. Prize may not be redeemed for cash. No substitutions of the Prize by winner is permitted. Yuengling reserves the right to substitute a prize of equal or greater value for any reason in the sole discretion of Yuengling if the Prize is unavailable for any reason. In no event will Yuengling award more prizes than are provided for in these Official Rules. As set for the below, the winner will be responsible for taxes associated with the prize and/or other costs related to title transfer and delivery.
9. TAXES, OTHER COSTS AND MISCELLANEOUS.
Any and all applicable federal, state and/or local taxes (which may include, without limitation, sales tax and income tax) will be the sole and exclusive responsibility of the winning participant. Winner shall be responsible for any sales taxes or other taxes due as required by law.
10. NO ASSIGNMENT.
No assignment and/or transfer of any kind of any prize, alternative prize or other substitution is permitted in the absence of Yuengling's express written consent (which shall be in Yuengling's sole and exclusive discretion), and any such prohibited assignment and/or transfer shall be void.
11. CONSENT TO OFFICIAL RULES/NO WAIVER.
Participation in the Sweepstakes constitutes each and every participant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Yuengling reserves the right at its sole discretion to disqualify any participant that Yuengling determines to be in violation of any term contained in these Official Rules. The decision and/or action of Yuengling not to enforce a specific provision of these Official Rules does not constitute a waiver of any provision herein or of these official rules in general, and shall not prohibit Yuengling from proceeding and/or enforcing these Official Rules in the future. Yuengling may enforce these Official Rules cumulatively, meaning singly, concurrently and/or in any such manner as Yuengling sees fit without waiving them in any capacity.
12. NO WARRANTIES/INDEMNITY.
Yuengling, the Sponsors, and the Prize Suppliers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY AND ALL PRIZES AWARED SHALL BE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YUENGLING, THE SPONSORS AND THE PRIZE SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANY OF TITLE, ANY EXPRESS WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. In no event will Yuengling, the Sponsors, and/or Prize Suppliers be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of, in connection with, or in any way related to:
a. Any person's participation in the Sweepstakes, including but not limited to inaccurate, incomplete, lost, late, or illegible entries;
b. Late, lost, delayed, damaged, misdirected, undelivered, stolen, incomplete, illegible, unintelligible, or postage-due notices, entries, release forms, email, affidavits or other correspondence or mail;
c. Access to and use of any and all of Yuengling's web sites, including downloading from or printing material downloaded from any and all of Yuengling's web sites;
d. Acceptance, use or misuse of any prize;
e. Any condition caused by events beyond the control of Yuengling, the Sponsors and/or the Prize Suppliers that cause the Sweepstakes to be disrupted and/or corrupted;
f. Any printing or typographical errors in any materials associated with the Giveaway and/or Sweepstakes.
Yuengling reserves the right, in its sole and complete discretion to suspend or cancel the Sweepstakes at any time. Further, and without limitation of any of the foregoing, by participating in the Sweepstakes each participant agrees to release and hold Yuengling, the Sponsors and/or the Prize Suppliers and the employees, officers, directors, shareholders, agents, representatives, successors and assigns of the foregoing entities, including their parent companies, affiliates, subsidiaries, advertising and promotion and fulfillment agencies, legal advisors and Instagram, harmless from any and all losses, expenses (including all legal fees), costs, damages, rights, claims and actions of any kind in connection with the Sweepstakes resulting from acceptance, possession or use of any prize, including without limitation personal injury, death and property damage and claims based on publicity rights, defamation, or invasion of privacy.
13. ODDS OF WINNING.
The odds of winning are dependent upon the amount of entries into the Sweepstakes.
14. DEFINITIONS . Unless otherwise specifically provided in these Official Rules, the following terms as used in these Official Rules shall be defined as follows :
a. Prize Supplier - Any person, entity, firm, association, and/or organization (including his, her or its employees, officers, directors, shareholders, agents, representatives, successors, assigns, parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and legal advisors) that provides any tangible or intangible property (whether real or personal), rights and/or otherwise to be awarded as prizes in connection with the Sweepstakes.
b. Sweepstakes Sponsor or Sponsor - Any person, entity, firm, association, and/or organization (including his, her or its employees, officers, directors, shareholders, agents, representatives, successors, assigns, parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and legal advisors) who provides any sort of consideration (whether monetary or not) to Yuengling in return for any sort of advertising rights or other consideration in connection with the Sweepstakes. In addition, any person who is a director, officer, employee, agent, franchise owner, shareholder, member and/or principal of Yuengling or in any of its respective divisions, parent, subsidiaries, affiliated company franchisees, distributors, wholesalers, retailers which sell Yuengling products, suppliers, service agencies and/or independent contractors of Yuengling or the Agency.
15. ARBITRATION / CHOICE OF LAW.
Except where prohibited, entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved exclusively by arbitration pursuant to the rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Sweepstakes, but in no event attorneys' fees, punitive, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Yuengling in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Pennsylvania. Schuylkill County shall be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All participants and winner agree, by their participation in the Sweepstakes, to submit to personal jurisdiction in Schuylkill County.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. OFFICIAL RULES.
For a copy of the Official Rules, send a self-addressed, stamped #10 envelope postmarked by 10/31/18 to: Avid Marketing Group, Attn: YUE672982W Yuengling Tailgate Sweepstakes, P.O. Box 1008, Rocky Hill, CT 06067-1008. Yuengling reserves the right to change, alter, or amend these Official Rules as necessary, in its sole discretion, to ensure the fair administration of the Sweepstakes or to comply with applicable law.
18. WINNERS LIST.
For the names of the Winners, send a separate, self-addressed, stamped #10 envelope postmarked by 11/07/18 to: Avid Marketing Group, Attn: YUE672982W Yuengling Tailgate Sweepstakes, P.O. Box 1008, Rocky Hill, CT 06067-1008.
19. ADDITIONAL TERMS.
Potential Winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the cell phone number associated with the winning entry. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE/PHONE SERVER OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Proof of submission of an entry will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for any typographical, technical, or other error in the Sweepstakes offer, administration of the Sweepstakes or in the announcement of prize winners. In the event of a printing/production/typographical error, irregular or invalid code/message or equipment error, neither D.G. Yuengling & Son, Inc., its parent companies, their distributors, alcohol beverage retailers, affiliates, subsidiaries, advertising and promotion agencies, or their respective agents or agencies shall have any liability. In no event will more than the number of prizes stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. In the event Sponsor is prevented from continuing with the Sweepstakes or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any further obligation. If Sponsor, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted on www.yuengling.com. In the event of cancellation, Sponsor will award the prizes in a random drawing from among all valid and eligible entries received up to the time of such cancellation, providing a sufficient number of entries are received. By participating in this Sweepstakes and submitting an entry, each entrant agrees: (i) to be bound by these Official Rules, including all entry requirements; (ii) to hold Sponsor, its representatives, directors, officers, agents, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies, employees, Instagram and assigns (collectively, the "Released Parties"), harmless against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any prize or any travel or activity related to the receipt or use of any prize; and (iii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
This Sweepstakes is in no way sponsored or administered by New Albertsons L.P., its parent, affiliates, subsidiaries or banner companies including but not limited to Acme Markets, Inc. (collectively "Albertsons"). Entrants understand that they are providing their information to Sponsor and not to Albertsons; therefore, Albertsons is not liable for any unauthorized use and/or disclosure of any Entrant information provided to Sponsor. Furthermore, Albertsons disclaims any and all liabilities, damages, claims and responsibilities of any nature arising directly or indirectly from, in connection with or related to (i) this Sweepstakes, (ii) any cancellation of this Sweepstakes or Sponsor's failure to award any prize, (iii) Sponsor's violation of any applicable law, rule or regulation, and/or (iv) Entrant's use of any prize awarded.