Funky Buddha Brewery Social Media Giveaway
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Funky Buddha Brewery Social Media Giveaway (the “Giveaway”) is open only to people who are, at the time of entry, legal U.S. residents residing in the state of Florida (“Eligibility Area”) who are at least twenty-one (21) years old. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees or agents of Funky Buddha Brewery LLC (“Funky Buddha” or “Sponsor”) or its parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors or retailers of alcohol beverage products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Giveaway; or (d) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories. Subject to all applicable federal, state, and local laws and regulations. Void outside Eligibility Area and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. ODDS OF WINING: The odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
2. Sponsor: Funky Buddha Brewery LLC, 1201 NE 38th Street, A-1, Oakland Park, FL 33334.
3. Timing: The Giveaway begins on September 25th, 2023 at 12:00 pm (or the time and date specified in the Giveaway announcement or relevant social media post) and ends on September 29th, 2023 at 11:59 am (or the time and date specified in the Giveaway announcement or relevant social media post) (the “Promotion Period”).
4. How to Enter: During the Promotion Period, respond to the social media post as specified within the post by the Sponsor. Limit: One (1) entry per person during the Promotion Period. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified. The potential winner may be required to show proof that he/she is the authorized social media account holder that was selected.
5. Random Drawing: Sponsor will select the potential Giveaway winner via a random drawing from all eligible entries received during the Promotion Period. The potential winner will be notified via social media announcement, email response or direct message, as determined by the Sponsor. If a potential winner does not respond by Friday, September 8, 2023 at 12:05 p.m Eastern Time (or 24 hours following notification), potential winner forfeits prize. If initial potential winner does not timely accept the prize or cannot redeem the prize as specified and a backup potential winner is selected, backup winner will have one (1) hour from notification to accept the Prize or will forfeit same. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified or forfeits the Prize for any reason, Sponsor, in its sole discretion, may select an alternate prize winner by random drawing from among all remaining eligible entries. The Released Parties (as defined below) are not responsible for suspended or discontinued internet, wireless or land-line phone service or a change in Entrant’s email, phone number, mailing address or a change in Entrant’s social media account that may result in a potential winner not receiving initial price notification or his/her prize information.
6. Prize: One (1) prize winner will be selected. Prize shall consist of two (2) Funky Buddha acrylic steins, two (2) entry passes to Oakland Park Oktoberfest, and twenty (20) food and drink tickets. Prize must be redeemed between 12pm and 6 pm Eastern Time on Sunday, September 10, 2023 or it will be forfeited and may be awarded to an alternated winner. Winner must abide by all venue policies. Resale of prize(s) is prohibited. If initial potential winner does not timely accept the prize or cannot redeem the prize as specified and a backup potential winner is selected, backup winner will have one (1) hour from notification to accept the Prize. Prize consists of only the item specifically listed as part of the prize. No alcohol is awarded with or as any prize. Sponsor is not responsible for lost, mutilated or stolen gift card. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The Approximate Retail Value (“ARV”) of the prize is $40.00. Actual value may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The Sponsor reserves the right to cancel or postpone the Giveaway if the Giveaway becomes impossible or commercially unreasonable to administrate. Winner(s) is responsible for all taxes and fees associated with prize award, receipt and/or use.
7. Release: In exchange for the right to participate in the Giveaway, the winner(s) agrees to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Giveaway or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
8. Publicity: Except where prohibited, participation in the Giveaway constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Giveaway, each winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation. All entrants understand and agree that any recourse or claim for damages under Florida Statute §540.08 (“Unauthorized publication of name or likeness”) is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Giveaway and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Giveaway or prize-related activity. Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or a prize provider; or (iv) otherwise violates the policies of the prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
10. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Giveaway; (d) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize.
11. Disputes: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, exclusively before a court located in Broward County, Florida, having jurisdiction. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Giveaway), and entrant further waives all rights to have damages multiplied or increased.