OFFICIAL RULES

SAMUEL ADAMS® OCTOBERFEST CUSTOM STEIN SWEEPSTAKES

NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  VOID WHERE PROHIBITED.  MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.

Each text message sent or received may incur a charge as provided in your rate plan, standard text and/or data rates apply. 

ELIGIBILITY: Samuel Adams® OCTOBERFEST CUSTOM STEIN SWEEPSTAKES (the “Sweepstakes”) is open to legal residents of AL, AR, FL, GA, NC, & TN who are at least twenty-one (21) years of age at the time of entry.  Employees (and their immediate families) of The Boston Beer Company (the “Sponsor”), Reconomy Inc., (the “Administrator”) and any of their parents, subsidiaries, affiliates, suppliers, independent contractors, agencies, alcoholic beverage wholesalers and retailers, and any persons living in the same household as such employees are not eligible to participate in the Sweepstakes (cumulatively, the “Sweepstakes Entities”).  Sweepstakes is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law.  The Sweepstakes begins on 8/1/2022 at or about 12:01 a.m. Eastern Daylight Time (“EDT”) and ends 10/31/2022 at or about 11:59 p.m. EDT (the “Sweepstakes Period”).  Prize winners will be selected in a random drawing on or around 11/1/2022 from all eligible entries received during the Sweepstakes Period.

 

HOW TO ENTER:  There are two (2) ways to enter:

1) QR Code:  During the Sweepstakes Period, use your mobile phone to scan the QR code and you will receive information on how to submit an entry.

2) Internet: Visit http://www.SamAdamsCustomSteinSweeps.com (“Website”) and follow the online instructions to enter for a chance to win.

Limited one (1) entry per person, regardless of method of entry. Duplicate entries for a single individual will be disqualified.  All entries become the property of the Sponsor.

The following guidelines should be followed when submitting a photo:

• Your Photo must be your original work;
• Your Photo must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
• Your Photo must not disparage Sponsor or any other parties;
• Your Photo must not depict the act of drinking;
• Your Photo must not portray, encourage, or condone drunk driving;
• Your Photo must not depict situations where Sponsor’s product is being consumed excessively, in an irresponsible way, or in any way illegally;
• Your Photo must not portray persons in a state of intoxication or in any way suggest that intoxication is acceptable conduct;
• Your Photo must not employ any symbol, gesture, or cartoon character that is intended to appeal primarily to persons below the legal purchase age;
• Your Photo must not employ any entertainment figure or group that is intended to appeal primarily to persons below the legal purchase age;
• Your Photo must not depict Santa Claus;
• Your Photo must not associate or portray Sponsor’s product drinking before or during activities which require a high degree of alertness or coordination;
• Your Photo must not employ religion or religious themes;
• Your Photo must not disparage competing alcoholic beverages;
• Your Photo must not depict retail outlets as well kept and respectable establishments;
• Your Photo must not show littering or otherwise improper disposal of Sam Adams containers, unless the scenes are used clearly to promote anti-littering and/or recycling;
• Your Photo must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks or any other intellectual property other than those of the Sponsor;
• Your Photo must not make references to or include: alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• Your Photo may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• Your Photo may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.

Permissions: Entrant must have permission from any recognizable individuals who appear in the Photo to use their names and likenesses in the Photo and to grant the rights set forth herein. Those that are under the age of twenty-one (21) may not be included in the Photo. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.

 

Sponsor’s Use of Photo Content: Uploading a Photo constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.  If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Photo. 

 

By Submitting a Photo Entrant Hereby Agrees:

• That you own all copyright in and to the Photo submitted and agree to assign all your rights to Sponsor, and its subsidiaries, affiliates, and its agents.
• That you have obtained authorization from any and all individual(s) featured in your Photo and confirm those individual(s) agree to allow you to submit a Photo bearing their name, image and likeness in connection with your submission of the Photo and understand that such Photo could be shared on social media platforms outside of Sponsor's control.
• That you will indemnify, defend and hold Sponsor harmless from any and all damages, liabilities, fees and costs incurred in defending against any third party claims or threat of claims asserted against Sponsor arising from use of the Photo.

 

PRIZE AND ODDS OF WINNING:  Two (2) Total Prize winners will be selected in a random drawing on about 11/1/2022 from all eligible entries received during the Sweepstakes Period. Two (2) Grand Prizes– Each winner will receive a custom Sam Adams collectible Octoberfest Stein with an Approximate Retail Value (“ARV”) – $100. The difference between any stated value and actual value will not be awarded to winner.  The random drawing, selection of a winner, and awarding of the prize will be conducted under the supervision of Administrator, an independent organization whose decisions are final and binding in all matters pertaining to this Sweepstakes. No prize substitution will be allowed, except that Sponsor reserves the right to substitute a prize of comparable value if the prize listed is unavailable for any reason.  Odds of winning depend on the number of eligible entries received.

 

WINNER NOTIFICATION:  Potential prize winner will be notified by email, text message, U.S. mail, telephone, or private delivery service (at Sponsor’s sole discretion) and will be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability (where permitted by law) within three (3) days of notification. Winner’s age is subject to independent age verification, and if failed, will result in prize forfeiture.  In the event of noncompliance, if the prize winner cannot be reached at the phone number, email address or address on that winner’s entry, or if the prize or prize notification is returned unclaimed or undeliverable for whatever reason beyond the control of Sponsor, that prize will be forfeited, and an alternate winner may be selected only if time permits and in Sponsor’s sole discretion. Prize winner’s guest (who must be 21 years of age or older) must sign and return a Release of Liability within seven (7) days of winner’s attempted notification.  All travelers must possess required travel documents (e.g., passport) prior to departure.  All travelers must agree to depart and return on dates specified by Sponsor.

GENERAL LIABILITY RELEASE:   Acceptance of a prize constitutes winner’s  permission for Sponsor to use winner’s name, image, likeness, voice, picture, audio and video recordings of, biographical information, statements, and any material based thereon or derived there from, together with any actual or fictional material, or to refrain from so doing, and address (city and state), without the ability to review, for advertising, promoting and/or publicity purposes worldwide and in any and  all forms of media now known or hereafter developed, in perpetuity, without further compensation, where permitted by law.  Entrants agree that the Sweepstakes Entities: (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sweepstakes Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, or lost prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

GENERAL TERMS:  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. 

FORCE MAJEURE:  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes or any particular Sweepstakes drawing is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes or particular sweepstakes drawing as contemplated herein.  In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes or a particular Sweepstakes drawing as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failures, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court of jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes in its entirety or the affected portion of the Sweepstakes. 

DISPUTES, ARBITRATION AND CHOICE OF LAW:  Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees to the following: (1) any and all disputes 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 final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Boston, MA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.  Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the right and obligation of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Massachusetts, USA, without regard to Massachusetts choice of law provisions.

PERSONALLY IDENTIFYING INFORMATION:  Information submitted to Sponsor by any entrant is subject to Sponsor’s Privacy Policy located at www.SamuelAdams.com. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personally identifying information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

WINNER LIST/Official Rules:  For the name of the prize winners, email info@roundisnow.com with the subject: SAMUEL ADAMS® OCTOBERFEST CUSTOM STEIN SWEEPSTAKES Winners’ List Request, by January 1^st, 2023.

© 2022 The Boston Beer Company, Boston, MA. All rights reserved.