STANDARD BEVERAGE – TRULY SPEAKER AND UMBRELLA SWEEPSTAKES -- OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS INTENDED FOR VIEWING IN KS ONLY AND WILL BE GOVERNED BY UNITED STATES LAW. VOID WHERE PROHIBITED.
The “Standard Beverage – Truly Speaker and Umbrella Sweepstakes” (“Sweepstakes”) is open to legal residents of KS who are twenty-one (21) years of age or older at the time of entry. Employees, contractors, directors, officers and agents of Standard Beverage Corporation and its affiliates and subsidiaries, and advertising and promotion agencies, wholesale distributors, retail licensees, and all other service agencies involved with the Sweepstakes, and members of their immediate family (spouse, parent, child and sibling), are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
- SWEEPSTAKES PERIOD:
The entry period for the Sweepstakes begins at 12:00:00 a.m. Central Daylight Time (“CDT”) on May 22, 2022 and ends at 11:59:59 p.m. CDT on July 16, 2022 (“Sweepstakes Period”). Administrator’s computer is the official time keeping device for this Sweepstakes.
- TWO (2) WAYS TO ENTER:
(a) Internet: Visit www.StandardBevTrulySpeakerAndUmbrellaSweeps.com (“Website”) and follow the online instructions to complete and submit an online entry.
Automated entries are prohibited and any use of automated devices will cause disqualification. Entrants may not enter with multiple email addresses, nor use any other device or artifice, to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses under multiple identities, or uses any device or artifice to register multiple times, will be disqualified and forfeits all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account subscriber of said email account at the time of entry will be considered the entrant, and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. The potential winner may be required to show proof of being the authorized account subscriber.
(b) QR Code: Use your smart phone or other web-enabled device with data plan to scan the Sweepstakes quick response (“QR”) code featured on signs or promotional materials at participating stores with the QR read application already installed on your phone. You will be directed to a mobile Web page at www.StandardBevTrulySpeakerAndUmbrellaSweeps.com (also a “Website”) where you may complete and submit an entry (also an “Entry”). Proof of scanning QR codes does not constitute proof of completion or submission of an entry. To scan a QR code, participants must have a smart phone or other web-enabled device with a camera feature and/or QR scanner application and may incur message or data charges from their wireless service provider for each message sent and received. If you do not have a QR reader already installed on your phone, type ‘QR reader’ in your mobile device’s application store search field to find available QR readers for your smart phone or other web-enabled device. You will receive a response which will contain a link to download a QR reader for your specific device. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.
For all Entries: All entries must be received and recorded during the Sweepstakes Period. No other forms of entry are valid. Limit one (1) entry per person.
- SWEEPSTAKES DRAWING:
One (1) potential winner will be selected in a random drawing to be held on or about July 17, 2022 from among all eligible entries received by Administrator, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
- WINNER NOTIFICATION:
All prizes will be awarded. The potential winners will be notified by email, phone call and/or text message (depending on their method of entry) and will be required to respond to the notification within forty-eight (48) hours indicating whether they can accept the prize. If a potential winner does not respond to the notification within the forty-eight (48) hour time period, the prize will be forfeited and an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to respond to the notification within the time frame stated above.
The 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 or Sponsor’s representative within three (3) days of prize acceptance. Subject to verification of eligibility and compliance with the terms of these Official Rules, including verification that the winner is twenty-one (21) years of age or older, the potential winner will be declared an official winner of the Sweepstakes. If Sponsor cannot verify that the potential winner is twenty-one (21) years of age or older prior to winner notification, then the potential winner will be disqualified and an alternate potential winner will be randomly selected.
In the event of noncompliance within any stated time period, the prize will be forfeited and an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to adhere to the time periods described herein. Any prize notification or prize returned to the Sponsor or its agencies as undeliverable will result in disqualification and the awarding of that prize to an alternate potential winner.
Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information. Note: Any communication between a potential winner and Sponsor or its agencies regarding this Sweepstakes (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes.
- PRIZE DETAILS:
Prize (1 total): One (1) Truly Hard Seltzer Indoor/Outdoor Bluetooth Speaker and Umbrella. Approximate Retail Value (“ARV”): $299.00. If the winner cannot accept the prize as specified, the prize will be forfeited and awarded to an alternate potential winner. Total ARV of all Prizes: $299.00. The difference between any stated value and actual value will not be awarded.
The prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the prize with another prize of equal or greater value. The prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
If Sponsor so elects, the potential winner 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 the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. If requested, potential winner agrees 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, prize will be forfeited and will be awarded to an alternate winner.
Acceptance of the prize offered constitutes permission for Sponsor to use winner’s name, voice, biographical information and/or likeness for purposes of advertising and promotion without further compensation in all media now known or hereafter discovered worldwide and on the Internet without notice or review or approval as permitted by law.
By participating in this Sweepstakes, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Standard Beverage; (b) to release and hold harmless Standard Beverage Corporation and all of its affiliates from any and all losses, damages, claims and actions of any kind arising, in whole or in part, directly or indirectly, our of participation in the Sweepstakes or from the acceptance, possession or use of any awarded prize, including, without limitation, personal injury, death and/or property damage, as well as claims based on publicity rights, defamation or invasion of privacy; (c) that any action at law or in equity arising out of or relating to this Sweepstakes or the prize shall be governed by the law specified in Section 9 below and shall be filed only in the state or federal courts located in Sedgwick County, Kansas, and entrant hereby consents to the personal jurisdiction of such courts for purposes of any such action; and (d) that Standard Beverage Corporation is not responsible for and cannot be held liable for unauthorized human intervention, technical errors, printing errors, mail delays, or any other errors in the administration of this Sweepstakes. The winner of the prize assumes all liability for any injury or damage caused or claimed to be caused by participation in the Sweepstakes or use or redemption of any prize. Participation in the Sweepstakes constitutes the entrant’s consent to Standard Beverage’s use of entrant’s name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
- GENERAL CONDITIONS:
Standard Beverage Corporation, Administrator, and each of their respective affiliates, subsidiaries, and agencies (collective the “Released Parties”) are not responsible for lost, late, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by the Sponsor or Administrator, will be disqualified. Released Parties are not responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that entrant to disqualification. Released Parties are not responsible for injury or damage to participant's or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of Sweepstakes be, in the Sponsor’s or Administrator’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Sweepstakes, or submission of entries, Sponsor and Administrator reserve the right at their sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winner from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Text message entries will be deemed to have been submitted by the registered owner of the wireless number used to enter. In the event of a dispute regarding the identity of an online entrant, the authorized subscriber of the email account used to enter will be deemed to be the entrant, and must comply with these rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. All materials submitted become the property of Standard Beverage Corporation and will not be returned. This Sweepstakes is void outside the United States and where prohibited by law. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and should such an attempt be made, Standard Beverage reserves the right to seek damages from any such person to the fullest extent permitted by law. Standard Beverage’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts located in the state of Kansas; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Standard Beverage, shall be governed by, and construed in accordance with, the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
- DISPUTE RESOLUTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Kansas without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be Wichita, Kansas.
Standard Beverage Corporation, 2416 East 37th Street, North Wichita, KS 67219.
Round, 420 Longview Dr, Lexington, Kentucky 40503.
- WINNER’S LIST:
For the names of the winners, email email@example.com with the subject: Standard Beverage – Truly Speaker and Umbrella Sweepstakes Winners List request by September 17, 2022.
© COPYRIGHT 2022 STANDARD BEVERAGE. ALL RIGHTS RESERVED.