FIRESTONE WALKER® 805 CLASSIC TRUCK 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: Firestone Walker® 805 CLASSIC TRUCK SWEEPSTAKES (the “Sweepstakes”) is open to legal residents of 805 distribution states: AK, AZ, CA, CO, HI, ID, IL, MT, NM, NV, OR, TX, UT and WA who are at least twenty-one (21) years of age at the time of entry. Employees (and their immediate families) of The Firestone Walker Brewing 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 entry period for the Sweepstakes begins on 7/5/2020 at 12:01 a.m. Eastern Standard Time (“EST”) and 9/30/2020 at 11:59 p.m. EST (the “Sweepstakes Period”). Prize winner will be selected in a random drawing on or around 10/5/2020 from all eligible entries received during the Sweepstakes Period.
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, Inc. d/b/a Firestone Walker Brewing Co. product will increase contestant’s odds of winning. Must be 21 years of age or older to enter and a legal resident of the United States. This Sweepstakes is void where prohibited by law.
HOW TO ENTER: There are two (2) ways to enter:
1) Text Messaging: During the Sweepstakes Period, text an official entry code (the “Official Entry Code”) (example: Text “805CLASSICTRUCK”), 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 website, 805ClassicTruck.com 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 Sponsor satisfaction.
2) Internet: Visit http://www.805CLASSICTRUCK.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.
PRIZE AND ODDS OF WINNING: One (1) Total Prize winner will be selected in a random drawing on about 10/5/2020 from all eligible entries received during the Sweepstakes Period. One (1) Grand Prize – Winner will receive one custom built classic truck (a 1949 Chevrolet 5-window pickup) restored by Matt Noble and team with Noble Fabrication in Ventura, California with an Approximate Retail Value (“ARV” - $45,000.00. The prize will be provided “as-is” and 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. The Grand Prize winner must personally take delivery of the prize vehicle at a location specified by Firestone within thirty (30) days of notification of availability from the Sponsor and must provide a valid U.S. driver’s license and evidence of legally required vehicle insurance.
Prizes are non-transferrable. Non-cash 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 winner will be responsible for all taxes associated with the prizes and/or other costs related to acceptance or use of the prize. Any and all prizes awarded shall be subject to verification of the contestant’s eligibility and compliance with the terms of these Official Rules by Firestone.
Winner will be responsible for any applicable licensing, insurance, title and registration fees and for all costs associated with vehicle pickup and any other expenses related to the acceptance and use of the Prize not specified herein, including but not limited to any costs incurred by winner relating to pickup of the Grand Prize. In the event winner is unable to take delivery of the Grand Prize, winner will be disqualified and an alternate winner may be selected.
THE GRAND PRIZE WILL BE AWARDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. WINNER ACKNOWLEDGES THAT FIRESTONE HAS NOT MADE NOR IS IN ANY MANNER RESPONSBILE FOR ANY WARRANTY, REPRESENTATION OR GURANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OFFERED IN THIS CONTEST, INCLUDING BUT NOT LIMITED TO ITS MERCHANTABILITY, QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
Vehicle may not meet safety or emissions testing required in some states, counties/municipalities. Winner is responsible to check their state/county for applicable emissions requirements and must use vehicle in accordance with state/county regulations.
WINNER NOTIFICATION: The winner will only be notified through email at the email address provided to Firestone in the entry form. The winner 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 a winner selected 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 the winner presents 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.
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.
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 winning contestant. The winning contestant 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. The winning contestant shall be responsible for any sales taxes or other taxes due as required by law. The winning contestant is solely responsible for any additional expenses associated with acceptance, receipt and use of the prizes.
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.
WAIVER OF CLASS ACTION/RELEASE OF LIABILITY: Except where prohibited, contestant 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, contestants 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 contestant 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. Contestant 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 and overall quality of entries into the Sweepstakes.
CHOICE OF LAW/VENUE: Except where prohibited, contestants agree that the exclusive venue for any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, any prize awarded hereunder or the interpretation or enforcement of these Official Rules 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 contestants 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 contestants 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.
SEVERABILITY: 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 Classic Truck 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 on or before October 5, 2020. For the name of the winner, send a separate, self-addressed, stamped #10 envelope to: Firestone Walker Brewing Co., c/o 805 Classic Truck Sweepstakes, 1400 Ramada Drive, Paso Robles, CA, 93446.
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 A CONTESTANT 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, FIRESTONE WILL DISQUALIFY ANY SUCH CONTESTANT, 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. Sponsor 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 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 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), 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 contestant, 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 www.805beer.com/contest.
INDEMNIFICATION: By entering, contestants agree to defend and indemnify Firestone and its 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 the Sweepstakes as a result of contestant’s participation, contestant’s submissions and/or contestant's acceptance of any prize.