GO BREWING LLC
OFFICIAL CONTEST RULES AND LEGAL DISCLAIMER OF GO BREWING DONUT FLAVORED NON-ALCOHOLIC BEER NAMING CONTEST
By entering into this Go Brewing, LLC, sponsored contest (the “Contest”) you, the participant (“Participant”) agree to abide by these Official Contest Rules and Legal Disclaimer (“Contest Rules”) and the decisions of Go Brewing, such decisions are final and binding in all respects. PARTICIPANT MUST COMPLETE A CONTEST ENTRY FORM AND MUST EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THESE OFFICIAL CONTEST RULES AND LEGAL DISCLAIMER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER THE CONTEST. Before uploading any entry, you will be required to agree that you have read or have had these Contest Rules read to you and you are in agreement with these Contest Rules. Entries that do not include all required information and adhere to the Contest Rules as determined by Promoter in its sole discretion will be considered void. Once uploaded, entries will not be returned. Promoter may, in its sole discretion, remove, delete and/or disqualify any entry and/or Participant it deems inappropriate or otherwise non-compliant.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF GO BREWING PRODUCTS WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Contest is open solely to legal residents of the fifty (50) United States and the District of Columbia that are 21 years of age and older at the time of entry. Employees, officers, directors or agents of Go Brewing LLC (“Promoter”), or any of Promoter’s partners, related companies, agencies, or agents as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) as well as same household members of any such employee, officer, director, or agent are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
HOW TO ENTER:
To enter, click on the Contest link below. Applicable deadlines are set forth herein. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Contest will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate the Contest for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with this Contest.
Entry Period: Beginning on 10/05/2023, at 12:00 a.m. Eastern Standard Time through 10/17/2023, at 11:59 p.m. Eastern Standard Time.
Voting Period: Beginning on 10/19/2023 at 12:00 a.m. Eastern Standard Time through 10/25/2023, at 11:59 p.m. Eastern Standard Time
Entry Method: During the Entry Period, an Entrant must visit https://gobrewing.com/pages/name-a-go-non-alcoholic-beer-competition and submit a name for the new donut flavored non-alcoholic beer along with their name, email address, and other required information.
Dates may be extended per the discretion of GO Brewing to allow more entries.
The webmaster is the official time-keeper of the Contest. Internet access and application on the website designated by Promoter is required. Promoter is not responsible for incomplete or missing information. Participant is responsible for ensuring that Promoter receives Participant’s designated contact(s) for receipt of any communications. Under no circumstance shall Promoter be responsible for any misdirected messages or any other circumstance causing Participant to not receive or respond to Promoter’s communications.
PROVISION OF MATERIALS AND INFORMATION/INTELLECTUAL PROPERTY/INDEMNIFICATION
By entering into the Contest, Participant represents and warrants as follows: (1) that it fully owns whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Participant represents and warrants that the entry (a) is original;(b) does not infringe the intellectual property, privacy, publicity rights, ownership or any other legal or moral rights of any third party; and (c) has not been entered into contests sponsored by any other entity or person other than Promoter; and (d) is suitable for public viewing.
Participant understands that although he or she may believe his or her entry to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to Participant’s entry. By submitting Participant’s entry, Participant recognizes that other persons, including Promoter’ own employees, may have submitted to Promoters or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that Promoter may have the right to use, and Participant understands that he or she will not be entitled to any compensation because of Promoter’s use of such similar or identical ideas, concepts, or proposals in any manner. Participant understands and agrees that Promoter’s use of material containing features or elements similar or identical to those contained in Participant’s entry will not obligate Promoter to negotiate with Participant or entitle Participant to any compensation if Promoter determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by Participant, or were or may hereafter be independently created and submitted by other persons, including Promoter’s employees).
Intellectual Property: All entries shall become the property of Promoter. By submitting an entry, Participant irrevocably transfers, conveys and assigns to Promoter all of the worldwide right, title, and interest in and to the entry, including without limitation, all copyrights, trademarks, and other intellectual property rights, and the right in perpetuity to secure copyright and trademark registrations, and including, without limitation, the right to use, edit, reproduce, distribute, modify, digitize, and adapt the entry for any and all purposes , without the need for further consideration, attribution, or agreement. Participant hereby waives, and agrees never to assert, any moral or publicity rights with respect to any entry. Participant shall execute, cause to be executed and/or deliver such other instruments or documents as are required or reasonably requested by Promoter to further effect or evidence Promoter’s ownership of the entry. Participant understands and acknowledges that he/she will not be paid for or receive any form of compensation for the entry, or for granting these rights, other than any prize that may be received due to being determined as the Winner.
Participant agrees to indemnify, defend, and hold Promoter, along with the Promoter’s affiliates, officers, directors, employees, subsidiaries, parent, agents, and permitted assigns, harmless from and against any and all third-party claims, losses, liabilities, damages, expenses, and costs, including reasonable outside attorneys' fees and court costs, to the extent arising out of the Participant's: (1) negligence or willful misconduct, or representation or submission; (2) breach of any of the terms of these Contest Rules; or (3)Participant’s entry.
All entries will be reviewed for content before being judged; however, such review does not relieve Participant from responsibility for compliance with all of the Contest Rules. Promoter makes the final determination as to which entries are eligible to take part in this Contest and be considered for a Prize. Certain entries may be featured from time to time on the Promoter’s website or social media at any time, in Promoter’s sole discretion; being selected as a featured entry is unrelated to the Judging Criteria and does not guarantee selection as the Winner in a Contest.
PRIZES; SELECTING AND NOTIFYING PRIZE WINNERS:
The odds of winning a prize (each, a "Prize"), and the retail value of any such Prize, varies. This information is set forth below. All Contest Finalists and the Winner will be selected pursuant to the specific procedures set forth below for the applicable Contest. Promoter will contact all Finalists and any Winners by email to confirm that they have been selected or won and are entitled to a Prize. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant's account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Additionally, all Finalists and the Winner will be posted on Promoter's website. The Winner must show picture identification to claim his or her Prize. Any potential winner will forfeit his or her Prize if he or she: (1) fails to respond in a timely fashion to any of Promoter's requests for information or signatures with respect to the Contest or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Promoter); or (4) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize Winner is solely responsible for all applicable: (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. The Prize will not be substituted by Promoter for cash or other merchandise pursuant to any Prize Winner's request. Promoter, however, reserves the right to substitute alternate Prize(s) of comparable or equal value in its sole discretion. Subject to applicable law, any Prizes are offered "as is" without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing any damaged Prizes unless such damage is caused by Promoter. Winner must look to the Prize's manufacturer for potential guarantees or warranties of any kind.
The Judges will review all entries and judge them based on the following criteria:
50% - Creativity: How unique and imaginative is the entry? Scored by each Judge on a 1 through 100 scale.
50% - Marketability: How well does the name align with the brand and appeal to the target audience? Scored by each Judge on a 1 through 100 scale.
Discretion of Judges: Judges will evaluate entries based on their expertise and alignment with the brand's values.
Criteria: Each entry must comply with the following criteria (the “Naming Criteria”):
Entry must reflect the Go Brewing theme of a donut flavor (the “Theme”).
Entry must be the original work of the Participant and must not include, be based on, or derive from any pre-existing or third-party designs, trademarks, or copyrighted materials.
Entry may not include inappropriate words or images, or contain vulgar or defamatory content (examples include those of a sexual, illegal, violent, disparaging or hateful nature).
Entry must be received by Promoter during the Entry Period.
Entry must contain all information requested.
If an entry was previously published or entered into another contest or won any prize or award, it will not be eligible for this Contest.
How Contest Judges are Selected: All qualifying entries will be judged by a panel of Promoter staff members on the following criteria: (a) satisfying the Judging Criteria, (b) creativity and originality of the entry, and (c) adherence to the Design Criteria, if any.
How Finalists are Selected: Once the top 5 entries (“Finalists” or “Finalist”) are determined by the Judges, those selected entries will be uploaded to the Go Brewing / Instagram website/app for the Voting Period. The entries will be placed in a random order. Each vote on each entry counts as one vote. The entry with the most votes or will be awarded the Grand Prize.
Ties: In the event of a tie, the Judges will break the tie by selecting the tied Participant who received the highest points from the Judges for Creativity. In the event a tie still remains, Judges will select the Finalist or the Winner in their sole discretion.
Grand Prize: ONE (1) Winner will receive a 1-year subscription to Go Brewing VIP Club for their custom brew, a smart watch up of the winner's choice between Apple, Android or Garmin (value up to $500 and a swag box containing a t-shirt and hat. Total approximate retail value of $1100
Odds of winning: The odds of winning the Grand Prize depend on the total number of eligible entries received during the Entry Period.
The specifics of any prize shall be solely determined by the Promoter. No cash or other prize substitution permitted except at Promoter's discretion. The prize is nontransferable. No substitution of prize or transfer or assignment of prize to others by winner is permitted. The Winner is responsible for any applicable taxes and all other expenses associated with prize herein being awarded.
Finalists: The Finalists will be announced by 10/18/2023.
Grand Prize Winner: Winner will be announced on 10/27/2023.
Finalists will be notified by email within 10 days of the Entry Period deadline in preparation for the Voting Period. The Winner will be notified by email within 15 days of the Voting Period end date. The potential Winner must reply to Promoter within ninety-six (96) hours, acknowledging receipt of the notification or such potential Winner may be disqualified at Participant’s sole discretion. The Prize will only be delivered to addresses within the United States. The Promoter is not responsible for delays in receiving or responding to Finalist or potential Winner or Winner email notifications. If the potential Winner returns paperwork and does not receive a confirmation of receipt from the Promoter within 24 hours, then the potential Winner must call the Go Brewing support desk to follow up or may be subject to non-eligibility at Promoter’s sole discretion.
Required Documents: Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Contest Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Promoter will award the Prize (defined below) to the runner-up.
RIGHTS GRANTED BY PARTICIPANT:
By entering this Contest Participant understands that Promoter, anyone acting on behalf of Promoter, or its respective licensees, successors and assigns, will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, Participant’s entry, including, without limitation, the entry and Participant’s name, as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. Except where prohibited by law, by entering the Contest, Participant agrees to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by Promoter, its trustees, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, and officers in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Promoter is responsible only for delivery of Prize, not for use, utility, quality or otherwise. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter's right to execute any and all such documents as Participant's attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Subject to applicable law, by entering into the Contest and potentially receiving a Prize, each Participant and the Winner agrees to release, discharge, and hold harmless Promoter, along with Promoter's employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a "Claim"), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys' fees (each, a "Loss"), relating to or arising directly or indirectly out of his or her participation in the Contest (or related activity such as a press release), and/or Promoter's right to exploit Participant's name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant's receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant's computer system from downloading or using material from Promoter's (or an affiliate of Promoter's) website).
LIMITATION OF LIABILITY:
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER'S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE "PROMOTER PARTIES"), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT'S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT'S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES' ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT'S PARTICIPATION IN A CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT'S RECEIPT OF A PRIZE SHALL BE LIMITED TO $600. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
USE OF COLLECTED MATERIALS AND INFORMATION:
CHOICE OF LAW AND FORUM:
The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in DuPage County, Illinois; (2) that the laws of the state of Illinois shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
Go Brewing LLC, 1665 Quincy Ave, Suite 155, Naperville Il 60540. This Contest may be advertised on social media platforms but is not sponsored, endorsed, administered by, or associated with such platforms. Inquiries regarding the promotion must be directed to the Promoter.