FIRESTONE WALKER BREWING CO.
805 FISHING WITH FLINT SWEEPSTAKES OFFICIAL RULES
*Participation in this Sweepstakes is deemed acceptance of these Official Rules *
**Each text message sent or received may incur a charge as provided in your rate plan, standard text and/or data rates apply**
- NO PURCHASE OR ALCOHOL CONSUMPTION NECESSARY.
No purchase is necessary to enter or to win. A purchase will not increase your chances of winning. Additionally, the consumption of alcohol is not necessary to enter or to win this Sweepstakes. Neither the consumption nor purchase of alcohol or any Firestone Walker Brewing Co. product will increase an Entrant’s odds of winning. This Sweepstakes is void where prohibited by law.
- SWEEPSTAKES DESCRIPTION.
Firestone Walker, Inc. d/b/a Firestone Walker Brewing Co. (“Firestone”) is the promoter/sponsor and shall conduct the 805 Fishing with Flint Sweepstakes (the “Sweepstakes”). If an Entrant's entry is judged to be the Grand Prize winner, the individual will receive a prize of a 4-day (3-nights) trip for two to go fly fishing with Scott Flint in Mammoth Lakes, California. Grand Prize includes airfare, hotel and use of select fishing gear during the trip. The trip is to take place between May 1, 2020 and September 30, 2020, subject to the availability of Mr. Flint. The complete details on how to enter can be found below in the “How to Enter” section of these Official Rules. Firestone will give away one (1) Grand Prize as described further herein. Each Entrant who enters the Sweepstakes must strictly follow these Official Rules and unconditionally agrees to comply with, be subject to and fully abide by these Official Rules and the decisions of Firestone, whose decision shall be final and binding in all respects, concerning the Sweepstakes.
The entry period for the Sweepstakes begins on November 16, 2019 at 12:01 am Pacific Standard Time and ends on December 31, 2019 at 11:59 pm Pacific Standard Time or may be extended or shortened in Firestone’s sole discretion (“Entry Period”). Firestone will be the official timekeeper for the Sweepstakes. Entrants must submit their entry form by the end of the Entry Period to be eligible for the Sweepstakes. Online entries must be received and uploaded by the end of the Entry Period and mailed submissions must be postmarked by the end of Entry Period.
Except where prohibited by law, the Sweepstakes is open to all legal U.S. residents of the following States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. The age limit to enter and participate in the Sweepstakes is twenty-one (21) years of age or older on the date of entry. 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, agents, shareholder, member, and/or principal of Firestone or any of its respective divisions, parents, subsidiaries, affiliated companies, distributors, wholesalers, retailers, suppliers, service agencies and/or independent contractors; and (b) 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 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 rights to Sweepstakes entry materials and/or prizes by any person in any of the preceding ineligible person categories to an eligible person is strictly prohibited and shall be void.
- HOW TO ENTER. There are two ways to enter:
1) Text Messaging: During the Entry Period, text an official entry code (the “Official Entry Code”) (example: Text “805FISHINGTRIP”), found in store on point of sale cardboard signs, packaging material, cooler stickers or other Official Entry Code communication on Sweepstakes related advertising materials at participating retailer locations or on the 805 website to 24587 using a wireless, SMS-capable phone. You must provide your own phone. Once you have properly text-messaged the Official Entry Code to the promotional phone number, you will receive a link to complete registration. Important Notice: Your wireless service provider may charge you for each text message you send and receive. Standard text message rates apply. Other charges may apply. Please consult your wireless service provider regarding pricing plans. You must be a wireless service subscriber with text messaging service, using a participating service provider in order to enter via this method. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Entrants may opt-out at any time by texting STOP to 24587, text HELP for help. In the event the winner is selected from a text message entry, the prize will be awarded to the “authorized account holder” associated with the given wireless telephone number used to enter the Sweepstakes by sending a text message. The “authorized account holder” for text messaging Entrants is defined as the natural person who is assigned to a wireless telephone number by a wireless service provider. Proof of being the “authorized account holder” may be required by the winner and dependent upon Firestone satisfaction.
2) Internet: Visit http://www.805FISHINGTRIPSWEEPS.com (“Website”) and follow the online instructions to play for a chance to win a prize.
Limited one (1) entry per person, regardless of method of entry. The submission of multiple entries by one Entrant will result in the voiding of all Entrant’s entries. All entries become the property of the Firestone.
- WINNER SELECTION.
There will be one (1) grand prize winner selected in a random drawing by Firestone. The winner will be selected on or before January 2, 2020. The random drawing, selection of a winner, and awarding of the prize will be conducted under the supervision of Reconomy Inc., an independent organization whose decisions are final and binding in all matters pertaining to this Sweepstakes.
- CONTINUAL/TRANSMISSION USE.
Firestone may from time to time email you specials, offers, features, promotions or advertising that it deems appropriate. By entering this Sweepstakes you agree to these terms and conditions and agree to accept such email messages. Entrants will be provided an option to opt out of any additional email messages. It is the Entrants’ responsibility to opt out of receiving any additional email messages.
- SWEEPSTAKES GENERAL CONDITIONS.
Entrant submitting the winning entry will only be notified through email at the email address provided to Firestone in the entry form. The Entrants submitting winning entries will be required to sign and return (via certified mail) an Affidavit of Eligibility, Publicity Waiver, Release of Liability and Indemnification and a W-9 Federal I.D. form, post marked within seven (7) days of receipt of notification of winning, failure to do so constitutes forfeiture of the prize and the prize will be awarded to an alternate winner. In the event that an Entrant submitting a winning entry cannot be confirmed and verified, or the prize notification email is returned as undeliverable, the prize will be awarded to an alternate winner. Firestone reserves the right and insists that all Entrants receiving a prize present valid state photo identification proving they were 21 years of age or older at the time of entry and their identity and state of residence. If the winner is employed during this Sweepstakes they must also prove to Firestone 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 an alternate winner may be selected from the remaining eligible entries. Firestone reserves the right to void any entry or winner not in compliance with the rules stated above or below. Prize acceptance constitutes permission, in perpetuity, 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.
- PUBLICITY RELEASE.
By entering the Sweepstakes or accepting any prize under the Sweepstakes, Entrants and winner expressly agree to the use by Firestone, and their assignees or designees, of their name, biographical information (city and state), picture, portrait, voice, quotes, comments, image, likeness and/or Sweepstakes entry for the purpose of Firestone advertising, marketing and trade or the promotion of 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. Firestone may film and/ or photograph the winner for the purpose of Firestone advertising, marketing and trade or the promotion of sweepstakes.
There shall be one (1) grand prize winner selected in a random drawing by Firestone, with an approximate value of $3,500 and includes: round-trip airfare from the nearest U.S. gateway airport to the Entrant’s primary residence in the 48 contiguous United States or Hawaii and to Mammoth Yosemite Airport (MMH) in coach class (or equivalent) for the Entrant and one (1) guest on a carrier and on dates to be specified by Firestone; three (3) nights hotel accommodations for Entrant and one (1) guest (sharing 1 standard room chosen by Firestone) on dates and in a hotel to be specified by Firestone; daily meal stipend; 2 separate fishing excursions guided by Scott Flint; ground transportation to and from fishing excursions.
Prizes are non-transferrable. Prizes may not be redeemed for cash. No substitutions of the prizes may be requested by the winner. Firestone reserves the right to substitute a prize of equal or greater value for any reason in the sole discretion of Firestone if the prizes are unavailable for any reason. In no event will Firestone award more prizes than are provided for in these Official Rules. As set forth below, the individual's accepting receipt of the prize identified herein will be responsible for all taxes associated with the prize and/or other costs related to acceptance or use of the prize. Any and all prizes awarded shall be subject to verification of the Entrant’s eligibility and compliance with the terms of these Official Rules by Firestone.
The estimated total retail value of the Grand Prize of this Sweepstakes is Three Thousand Five Hundred Dollars ($3,500.00) which value may vary based on the location of the winner’s primary residence due to the variable costs of airfare. Luggage fees and any and all other travel related fees not included in the airfare, as well as taxes owed by the winner accepting receipt of the prize and his/her guest as a result of the Sweepstakes, gratuities, and any and all other personal and/or incidental costs and expenses of any nature whatsoever, are the sole responsibilities of the winner and his/her guest. Entrant's guest must be the same person for all prizes and activities and must be at least 21 years of age.
TAXES, OTHER COSTS, 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 persons accepting receipt of the prizes identified herein. Individuals accepting prizes will be required to give their social security number in order to prepare any necessary tax forms and must further sign and deliver any and all necessary documents to complete the transfer of any prizes to be awarded. Individuals accepting prizes shall be responsible for any sales taxes or other taxes due as required by law. Individuals accepting prizes are solely responsible for any additional expenses associated with acceptance, receipt and use of the prizes, including but not limited to miscellaneous personal travel expenses (if applicable).
- NO ASSIGNMENT.
No assignment and/or transfer of any kind of any prize, alternative prize or other substitution is permitted in the absence of Firestone’s express written consent (which shall be in Firestone’s sole and exclusive discretion), and any such prohibited assignment and/or transfer shall be void.
CONSENT TO OFFICIAL RULES/NO WAIVER.
- WAIVER OF CLASS ACTION/RELEASE OF LIABILITY.
Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action. Additionally, Firestone shall not be liable for any claims, demands, damages and causes of action or any costs or expenses relating to the Sweepstakes or any prize awarded pursuant thereto. By participating in the Sweepstakes, Entrants hereby release and discharge Firestone from any and all claims, demands, damages and causes of action of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to the Sweepstakes and in particular from all claims, demands, damages and causes of action of every kind and nature for damages actual and consequential, past, present, and future, arising out of, or in any way relating to the Sweepstakes, the administration of the Sweepstakes, winner's acceptance, use of, and participation in any prize awarded pursuant to the Sweepstakes or any of the following:
- Inaccurate, incomplete, lost, late, or illegible entries;
- Late, lost, delayed, damaged, misdirected, undelivered, stolen, incomplete, illegible, unintelligible, or postage-due notices, regarding entries, release forms, emails, affidavits or other correspondence or mail;
- Access to and use of any and all of Firestone’s web sites, including downloading from or printing material downloaded from any and all of Firestone’s web sites;
- Telephone, electronic, hardware or software, program, network, internet, or computer malfunctions, failures, viruses or difficulties of any kind;
- Failed incomplete, garbled or delayed computer transmissions;
- The downloading or uploading of any materials in connections with this Sweepstakes;
- Acceptance, use or misuse of any prize;
- Any condition caused by unforeseen events that cause the Sweepstakes to be disrupted, corrupted and/or cancelled;
- Any printing or typographical errors in any materials associated with the Sweepstakes.
It is understood and agreed that this is a full, complete, and final general release of any and all claims described as aforesaid, and Entrant agrees that it shall apply to all unknown, unanticipated, unsuspected, and undisclosed claims, demands, liabilities, actions or causes of action, in law, equity or otherwise. Entrant has read and fully understands the contents of section 1542 of the Civil Code of the State of California, and that section and the benefits thereof are expressly waived. 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.
- ODDS OF WINNING.
The odds of winning are dependent upon the amount of eligible entries into the Sweepstakes received during the Entry Period.
- CHOICE OF LAW/VENUE.
Except where prohibited, Entrants agree that the exclusive venue for any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded hereunder shall be San Luis Obispo County Superior Court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Firestone in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than California. All Entrants and winners agree, by their participation in the Sweepstakes, to submit to personal jurisdiction in the State of California and, more particularly, the County of San Luis Obispo and waive any and all rights of removal to Federal District Court.
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.
- COPY OF OFFICIAL RULES.
For a copy of the official rules, send a self-addressed, stamped #10 envelope to: Firestone Walker Brewing Co., c/o 805 Fishing with Flint Sweepstakes, 1400 Ramada Drive, Paso Robles, CA, 93446. Firestone 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.
- WINNER LIST.
The winner will be selected and announced on or before January 2, 2020. For the name of the winner, send a separate, self-addressed, stamped #10 envelope to: Firestone Walker Brewing Co., c/o 805 Fishing with Flint Sweepstakes, 1400 Ramada Drive, Paso Robles, CA, 93446. The name of the winner will also be released via Instagram® pages.
20. ADDITIONAL TERMS.
Firestone 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, 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, FIRESTONE WILL DISQUALIFY ANY SUCH ENTRANT, AND FIRESTONE 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 Firestone. Firestone is not responsible for any typographical, technical, or other error in the Sweepstakes offer, administration of the Sweepstakes or in the announcement of a prize winner. In the event of a printing/production/typographical error, irregular or invalid code/message or equipment error, Firestone shall have no liability. In the event Firestone 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 Firestone, 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), event cancellation, 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, intervention by Instagram® or other cause not reasonably within the control of Firestone (each a “Force Majeure” event or occurrence), Firestone shall have the right, in its sole discretion and without any recourse or liability to any Entrant, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes as circumstances may require. If Firestone, in its discretion, elects to cancel or alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted on http://www.805FISHINGTRIPSWEEPS.com.
- SWEEPSTAKES SPONSOR/PROMOTER/ADMINISTRATOR.
The sponsor/promoter of this Sweepstakes is Firestone Walker, Inc. d/b/a Firestone Walker Brewing Co., 1400 Ramada Drive, Paso Robles, CA, 93446.
By entering, Entrants agree to defend and indemnify Firestone and Firestone’s principals, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with Entrant’s participation in the Sweepstakes and/or Entrant’s submission in the Sweepstakes or Entrant’s acceptance, use of or participation in any prizes or prize related activities.
Copyright © 2019 Firestone Walker Brewing Company, Paso Robles, California