VICTORY BREWING COMPANY SUMMER OF LOVE SWEEPSTAKES
NO PURCHASE NECESSARY.
PURCHASE WILL NOT IMPROVE CHANCES OF WINNING
- Eligibility: The Victory Brewing Company Summer on Repeat Sweepstakes (“Sweepstakes”) is open and offered only to legal residents of the PA, NJ, DE, MD, and DC, who are 21 years of age or older at the time of entry. Employees of Victory Brewing Company (“Sponsor”), Arrowhead Sweepstakes & Fulfillment Co., Inc. (“Administrator”), and their respective subsidiaries and affiliated companies, advertising, Sweepstakes or production agencies (collectively, “Sweepstakes Entities”), and their immediate family members or individuals residing in their same household, are not eligible to participate or enter. Licensed wholesaler, licensed retailer and their employees may not participate in a sweepstake or contest. Subject to all applicable federal, state, and local laws. Void where prohibited or restricted by law.
- Sweepstakes Period: The Sweepstakes begins on May 8, 2022 at 12:00:00 AM Eastern Time (“ET”) and ends on July 8, 2022 at 11:59:59 PM ET (“Sweepstakes Period”).
- Agreement to Official Rules: Participation in this Sweepstakes 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 the prize is contingent upon fulfilling all requirements set forth herein.
- How to Enter: There are 4 ways to enter during the Sweepstakes Period:
- Text: To enter via this texting method of entry, text the code “SUMMEROFLOVE” to 73876 using a two-way text messaging capable device. Once Entrant has completed the foregoing, he/she will receive a text message back that contains a link to where the entrant can complete and submit their entry form and upload a receipt showing their Kick back, Summer Love, Summer Hazy Love, Kick back can Variety pack or Brotherly love beer purchase made during the Sweepstakes Period, to earn one (1) entry (an “Entry”) into the Promotion. Entrants who use text messaging to enter will be charged according to their carriers’ standard messaging and data rates and entrants should contact their carriers for pricing details. Check your owners’ manual for specific text messaging instructions. Text messaging may not be available through all wireless carriers. Standard text messaging rates and Internet data rates may apply and Promotion Entities are not responsible for any fees incurred by participating in this Promotion. Text “STOP” to 73876 to stop. Text “HELP” to 73876 for help. Limit one (1) text entry per person/cell phone number per day throughout the entire Sweepstakes Period; OR
- Online: To enter via this method of entry visit: www.victorybeer.com/summeroflove (“Website”) during the Sweepstakes Period to find, complete and submit the online entry form on the Website. Limit one online entry per person per day.
- QR Code: To enter via this method of entry, visit participating retailers where Victory Beer is sold, to find and scan the Sweepstakes QR Code with your smart phone. Once you scan the QR Code, follow the on-screen instructions to complete and submit the entry form. Limit one QR Code entry per person per day
- Instagram: To enter via this method of entry, log into Instagram, follow @VictoryBeer, then upload a photo of your best summer moments (“Photo”) to Instagram, using @VictoryBeer AND the hashtags #SummerofLove #Sweepstakes, to receive one (1) entry into the random drawing. Limit one (1) entry per photo, per person, per day. Submissions must also include BOTH hashtags #SummerofLove #Sweepstakes to be eligible.
- TikTok: To enter via this method of entry, each entrant can create a video featuring your best summer moments and post the video on TikTok (“Video”), along with the hashtags #SummerofLove #Sweepstakes. Then, copy the link to the Video on TikTok (“Link”), visit www.victorybeer.com (“Website”), and find and complete the online official entry form, which includes a section to paste the Link to the Video (required). Videos cannot exceed 2 minutes in length. Any Video that exceeds 2 minutes in length may be forfeited at Sponsor’s sole discretion. Submissions must also include BOTH hashtags #SummerofLove #Sweepstakes to be eligible. Limit one (1) entry per person during the entire Sweepstakes Period.
Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Video or Photo, or other technical problems that may arise in connection with your entry into the Sweepstakes. Any attempt by any individual to enter by using multiple/different identities or any other methods may disqualify that individual from participating and winning any prize, at the sole discretion of Sponsor. By submitting a Photo or Video, you hereby acknowledge and agree that your Photo or Video may be shown or available on the Website and Sponsor’s social media pages without prior consent by or notice to you and for no additional compensation. Further, each entrant certifies that the Video/Photo is their own original work, and that the entrant has the right to allow the publication of the Video/Photo without restriction, and Sponsor’s use of the Video/Photo will not infringe the rights of any third parties (e.g., copyrights (including music), trademarks, rights of publicity or privacy, etc.).
This Sweepstakes is not sponsored, endorsed, administered by or associated with Instagram. By entering, you are providing your information to Sponsor and not to Instagram.
PLEASE NOTE: For Instagram and Tik Tok methods of entry, each entry must include BOTH hashtags and your Photo/Video, or they will be forfeited. Instagram entries must also include @VictoryBeer. The Photo/Video submitted must not be indecent or obscene or contain pornography or material of a sexual or other inappropriate nature or show illicit drugs, or represent Victory Brewing Company in a false or negative light. Limit: one (1) entry per method of entry per day. Anyone attempting to get more than one (1) entry per day may be disqualified from the entire Sweepstakes at Sponsor’s sole discretion.
NEED PUBLIC PROFILE: If entering via Instagram or TikTok, entrants must adjust their Instagram or TikTok account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Instagram or TikTok account settings to ‘Public’, and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant’s burden to take any steps necessary to adjust their Instagram or TikTok account settings so that messages can be sent by Sponsor. An Entrant’s non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Instagram or TikTok account settings, shall be entrants, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant’s entry for any reason, including the failure on behalf of entrant to adjust their Instagram or TikTok account settings accordingly. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s Instagram or TikTok or email accounts provided upon registrations to administer and fulfill this Sweepstakes.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Instagram or TikTok. By entering, you are providing the information to Sponsor, and not to Instagram or TikTok. WHEN YOU UPLOAD YOUR PHOTO OR VIDEO YOU AUTHORIZE US TO USE YOUR PHOTO OR VIDEO WITHOUT COMPENSATION.
5. Photo/Video Entry Requirements: Entrants agree to and understand that Photo/Video submissions may be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Photo/Video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo/Video entries.
a. The Photo/Video entry must not have been submitted previously in any Sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
b. The Video may not exceed 2 minutes in length.
c. Each Photo/Video entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo/Video entry, and the Photo/Video entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo/Video entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo/Video entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
d. By uploading the Photo/Video entry the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo/Video entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, edit, make derivative works from, make available to the public, and/or reproduce the Video entry through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes. In addition, entrant warrants that any so called “moral rights” in the Video entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Video entry or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Photo/Video Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo/Video entry and any portion thereof, or the likeness of any natural person therein.
e. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo/Video entries.
6. Photo/Video Entry Content Restrictions
Photo/Video entries must not contain material that:
a. Contains or depicts someone smoking or intoxicated;
b. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
e. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
f. References persons or organizations without their written permission;
g. Disparages any persons or organizations;
h. Includes threats to any person, place, business, or group;
i. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Photo/Video entry to comply with the above “Photo/Video Entry Requirements” and “Photo/Video Entry Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
- Winner Selections: There will be a total of one (1) Grand Prize Winner and ten (10) 2nd place winners (each recipient, a “Winner”). The Winners will be selected by random drawing, to be conducted by Administrator, on or about July 11, 2022. Odds of being selected depend on the number of eligible entries received during the entire Sweepstakes Period. The Winners will be notified by Administrator via text message, email, or direct message (depending on the method of entry) on or about the day of the random drawing. Failure to respond to a Winner notification within forty-eight (48) hours will be deemed forfeiture of the Prize and an alternate winner may be selected at Sponsor’s or Administrator’s sole discretion. Sponsor is not responsible for text, email or direct message notifications that are undeliverable, not received or unanswered.
- Verification of Potential Winner: In order to be confirmed as an official Winner, and without limitation of any other terms herein, a potential Winner may be required to provide satisfactory proof, as determined by Sponsor in its sole discretion, that such potential Winner is an eligible Entrant, including but not limited to providing a copy of the potential Winner’s government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. Winners may be required to sign and return to Administrator, within forty-eight (48) hours of the date notice is sent, an affidavit of eligibility, and a liability/publicity release (except where prohibited) as a condition to claim his/her Prize. If the potential Winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if required), potential Winner will forfeit the prize and an alternate winner may be selected at Sponsor’s sole discretion.
- Prizes & Approximate Retail Values (“ARV”): One (1) Grand Prize –Grand prize will consist of a backyard summer bash at Grand Prize winners home consisting of food and tunes for up to 15 people. Final date will be decided at the sole discretion of the Sponsor depending on location of winner’s hometown. ARV: $2,000.00. The bash must occur before September 30, 2022. Grand Prize includes only those items specified in the Grand Prize description. All taxes associated with the prize are each winner’s sole responsibility. Prize is nontransferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or component thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. Any difference between the stated ARV and actual ARV will not be awarded. All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Winner must execute liability/publicity releases prior to issuance of tickets. Grand Prize consists only of the elements expressly set forth above. Once issued, tickets are nontransferable and may not be resold or bartered. Sponsor will not replace any lost, mutilated, or stolen tickets. Sponsor will provide the Grand Prize Winner with an IRS Form 1099 reflecting the actual final retail value of the Grand Prize, or such other governmental tax forms that may be necessary, as determined in the sole discretion of Sponsor. In the event winner resides further than 150 miles from the nearest Victory Taproom location, a $2,000 cash equivalent will be provided to winner in Sponsor’s sole discretion. PLEASE NOTE: The Grand Prize winner and the winners’ guests must consent to being photographed and/or videotaped at the summer bash for Victory Brewing Company for advertising and marketing purposes, at Sponsor’s sole discretion. A Sponsor employee or consultant will be on-site to stage the bash. Winners and guests will be required to sign a separate Publicity Release as a condition of being present at the bash before the bash may begin. The summer bash is subject to the restrictions of the county, city and/or state in which the Grand Prize winner is located, including any restrictions relating to COVID-19. In the event the restrictions relating to COVID-19 restrict the ability for the summer bash to take place in the summer of 2022, Sponsor will work with the Grand Prize winner to schedule the bash for the summer of 2023 on a mutually agreed upon date and time. In the event the summer bash cannot take place at all due to COVID-19 restrictions in the summer of 2023, or in the event the Sponsor and Grand Prize winner cannot find a mutually agreed upon date for the bash (including any alternate date should one become necessary), the Grand Prize will not be awarded. Ten (10) Second Place Prizes – Instax Polaroid Camera. ARV: $200.00 each. Alcohol is not part of any prize.
The total ARV for all prizes available during the Sweepstakes is ARV: $4,000. No prize transfer or cash substitutes allowed except at Sponsor’s sole discretion due to prize unavailability or for any reason and only then for prize of equal or greater value at Sponsor’s sole discretion and option. Gift cards are subject to the terms, conditions and restrictions as printed on the cards. Winners are responsible for all applicable federal, state and local taxes. Grand Prize Winner will receive a Federal Tax Form 1099. Prize consists of only those items specifically listed as part of the prize. Limit one (1) prize per person during the entire Sweepstakes Period.
- General Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s submission, participation in the Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Sweepstakes Entities and TikTok or Instagram, including their parents and affiliates, from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize; and (d) use by Sponsor and its agents of the entrant’s name, likeness, photograph, voice, opinions, hometown, state and any other information submitted to Sponsor for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
Potential winners may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in any prize notification correspondence. Any potential who fails or refuses to sign and return the required documentation within the time period specified by Sponsor may be disqualified. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an entrant (using the contact information provided) within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of any prize.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, 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 failure, 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, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner who has accumulated the most points from all eligible, non-suspect entries received as of the event giving rise to the termination. 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 Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address or TikTok or Instagram account, the winning Submission will be declared made by the authorized account holder of the email address or TikTok or Instagram account used to submit the Submission.
- Limitations of Liability: The Sweepstakes Entities as set forth above, and their respective parents and affiliates, are not responsible for: (1) 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason a Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Sweepstakes, provided that if it is not possible to award another Submission due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to select potential winners from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover prize at its sole discretion.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in Pennsylvania under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Pennsylvania state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Pennsylvania, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Pennsylvania. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Pennsylvania; (iii) 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 (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
- Official Rules/Winner’s List: For the Sweepstakes Winners’ names (of prizes worth $25.00 or more), or a copy of the official rules, visit www.victorybeer.com/summeroflove.
- Sponsor: Victory Brewing Company, 420 Acorn Ln, Downingtown, PA 19335.
NO PURCHASE NECESSARY. The Victory Brewing Company Summer of Love Sweepstakes is open to residents of PA, NJ, DE, MD, DC, 21 and older. Void where prohibited. Starts on 05/08/22 at 12:00:00 AM ET and ends on 07/08/22 at 11:59:59 PM ET. For how to enter and rules, visit www.victorybeer.com/summeroflove. Sponsor: Victory Brewing Company, 420 Acorn Ln, Downingtown, PA 19335.