CRISPIN CIDER^® PEARPOSAL CONTEST

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.

 

VOID IN ALABAMA, INDIANA, MAINE, MARYLAND, VERMONT, AND WEST VIRGINIA.

 

The Crispin Cider^® Pearposal Contest (“Contest”) is sponsored by MillerCoors LLC (“Sponsor”), 311 10^th Street, Golden, CO USA 80401, and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI USA 48033. 

 

1. CONTEST PERIOD: The Contest entry period begins at or about 8:00 AM Central Time (“CT”) on August 13, 2019, and ends at 11:59:59 AM CT on August 30, 2019 (“Entry Phase”), followed by a judging phase (the “Judging Phase”) which begins September 1, 2019 at 12:00 AM CT and ends September 11, 2019 at 11:59:59 PM CT. The Entry Phase and the Judging Phase are collectively referred to as the “Contest Period.” The Administrator’s computer is the Contest official clock.

 

2. ELIGIBILITY: This Contest is offered only to legal residents of the fifty (50) United States (excluding Alabama, Indiana, Maine, Maryland, Vermont, and West Virginia) who are at least twenty-one (21) years old at the time of entry. Employees, directors, officers, and agents of Sponsor, Administrator, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Contest (“Contest Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Contest are not eligible to enter or win. Void in Alabama, Indiana, Maine, Maryland, Vermont, West Virginia, where prohibited or restricted by law.

 

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest.

 

3. HOW TO ENTER THE CONTEST:  Valid e-mail address required to enter. During the Entry Phase, an eligible entrant must send an e-mail to pearposal@crispincider.com which includes a description (150 words or less) describing why the entrant and their significant other are the perfect pair and include an image that represents your love (NOTE: image must be 2MB max and in JPG or PNG format). Once submitted, the entrant will receive one (1) entry into the Contest (“Entry”). Note: by submitting an Entry, the entrant agrees to be bound be these Official Rules and agrees to receive one (1) e-mail following the Entry to confirm receipt of the Entry. The potential winner will receive an additional e-mail notification following the Judging Phase.

 

Important: If an entrant is registering or submitting an Entry for this Contest via a mobile device, message and data rates may apply. The entrant should consult his/her wireless service provider regarding its pricing plans. Not all cellular phone providers carry the service necessary to participate.  The entrant should check his/her mobile device’s capabilities for specific web enabled browsing instructions. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.

 

Entry Requirements:  All entries must comply with the following restrictions:

• Entry must be an original work;
• Entry cannot have been published previously by any party other than the entrant;
• Entry must be suitable for publication (i.e., may not be obscene or indecent);
• Entry cannot prominently feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Crispin;
• Entry cannot prominently feature copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
• Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person, if requested by Sponsor, entrant must provide proof of permission to Sponsor/Administrator;
• Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
• Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Entry cannot describe or depict any illegal activity or violation of any state or federal law;
• All entries must demonstrate an acknowledgement, understanding and/or a positive reinforcement of alcohol responsibility, as defined by the MillerCoors brand;
• All individuals in the photo must be twenty-one (21) years of age or older;
• Entries cannot contain the name/logo of any alcohol beverage retailer (except Sponsor’s), including in the background;
• Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
• Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
  • gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
  • the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
  • the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
• Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.

 

Sponsor reserves the right, at its sole discretion, to disqualify an entrant if his/her Entry fails to comply with any of these Entry requirements or any other provisions of these Official Rules.

 

IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her entry does so at his or her own risk.  Without in any way limiting, expanding or amending the terms and conditions residing on the Website (defined below), which terms and conditions shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Website because of such infringement, such Entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion.  Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes and such entrant eligibility is verified.  Each person who enters this Contest represents and warrants as follows: (i) the Entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of Entry, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Once an Entry is entered into the Contest, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.

 

Limit: Limit of one (1) unique Entry per person for the entire Contest Period. In the event more than the stated number of entries are received from any entrant, the first Entry will be considered the only valid Entry. Entries received in excess of the above stated limitation will be void and subject the entrant to disqualification at the Sponsor’s sole discretion.

 

4. JUDGING AND WINNER SELECTION:  During the Judging Phase, eligible Entries submitted will be judged by a panel of judges comprised of Sponsor’s representatives (“Judges”). The Judges will score Entries (“Judges Score”) according to the following weighted criteria: (i) Creativity: 50%; (ii) Detail: 25%; and (iii) Originality: 25%. The one (1) Entry that receives the highest Judges Score will be declared the potential Contest winner. The Contest winner is considered a potential Contest winner pending verification of his/her eligibility and compliance with these Official Rules. In the event of any ties, the Entry with the highest score in criterion (i) – Demonstration of how entrant incorporated the Contest theme of “Creativity” – will prevail. In the event there are still any ties, the tied Entries will be rescored and the Entry with the highest overall Judges Score will prevail. If the Contest winner is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified and the Entry with the next-highest Judges Score will be named the Contest winner. Administrator’s, Judge’s, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the Contest winner. In no event will there be more than one (1) Contest winner in the Contest.

 

5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):

 

1. 1. Prize (1): The prize is one (1) $1,500 pre-paid and the option of one (1) the following choices: a) one (1) engagement ring of the winner’s choice (up to $10,000 in ARV); or b) a $10,000 pre-paid card (“Prize”). The ARV of the Prize is $11,500. Only one (1) Prize will be awarded.

 

1. 2. General: All prize specifications to be selected by Sponsor. The use of the pre-paid card is subject to the terms and conditions set forth thereon which shall govern the use of the pre-paid card. Use of the pre-paid card constitutes the user’s acceptance of the terms and conditions so the winner should read the terms and conditions on the pre-paid card carefully. Winner must protect the pre-paid card and treat the pre-paid card as he/she would any other valuable document. The pre-paid card will not be redeemed or exchanged for cash, except where required by law. The pre-paid card will not be replaced or replenished if it lost, stolen, damaged, destroyed or used without the winner’s permission and will be voided if altered or defaced. In no event will more than one (1) Prize be awarded. If, for any reason, more than one (1) Prize notification is sent (or more than one [1] claim is received), Sponsor reserves the right to award the Prize based according to the process in Section 4 above. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the Prize or force majeure. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Contest Entities shall not be held responsible for any delays in awarding the Prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver the Prize, the Prize may not be re-awarded. The use of the pre-paid card is subject to the terms and conditions set forth thereon which shall govern the use of the pre-paid card. Use of the pre-paid card constitutes the user’s acceptance of the terms and conditions so the winner should read the terms and conditions on the pre-paid card carefully. Winner must protect the pre-paid card and treat the pre-paid card as he/she would any other valuable document. The pre-paid card will not be redeemed or exchanged for cash, except where required by law. The pre-paid card will not be replaced or replenished if it lost, stolen, damaged, destroyed or used without the winner’s permission and will be voided if altered or defaced.

 

6. HOW TO CLAIM A PRIZE: The winner will be notified via e-mail on or around September 13, 2019 and is subject to verification of eligibility and compliance with these Official Rules. The winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) within forty-eight (48) hours of the date/time of notification or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. The potential winner and guest may be subject to a background check before the Prize is awarded. Sponsor reserves the right to disqualify the potential winner based on the results of such background check if Sponsor determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Sponsor. Upon verification of eligibility, the Prize will be fulfilled in a manner the Sponsor deems acceptable. Upon return of all required paperwork, the Prize will be sent to the winner at the physical address (no P.O. Boxes) provided at the time of entry. The Contest Entities shall not be held responsible for any delays in providing the Prize for any reason. If the winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the Prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such notification, the Prize may be forfeited. If the Prize is forfeited for any reason, it may be given to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected in accordance with these Official Rules, time permitting. If, after a good-faith attempt, Sponsor is unable to provide or deliver the Prize, the Prize may not be awarded. Prize is not transferable and includes only the items specifically listed as part of the Prize. Any portion of the Prize not accepted by the winner will be forfeited. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Prize. Sponsor will issue an IRS Form 1099-MISC for the winner. ARV is as of the time these Official Rules were printed and the value of the Prize may fluctuate. The winner is not entitled to any difference between the ARV and the actual value of the Prize at the time the Prize is provided. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Prize will only be provided to a verified winner.           

 

7.   LIMITATION OF LIABILITY:  By participating in this Contest, entrants agree that the Contest Entities (including Twitter and Instagram) and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Contest Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Contest related e-mail to a spam or junk folder.     

 

By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including Entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

 

If, for any reason, the Contest is not capable of running as planned, or the integrity and or feasibility of the Contest is severely undermined by any event beyond the control of Sponsor, 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 or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Contest as a result of a Force Majeure event, a notice will be posted at www.promorules.com/PL12957 (“Website”).

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, 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.

 

8.   DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN JEFFERSON COUNTY, COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN JEFFERSON COUNTY, COLORADO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR CONTEST ENTITIES AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. 

 

9.   PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Contest will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in Sponsor’s privacy policy at www.millercoors.com/legal/privacy.

 

10. PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each entrant agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to television (including live television), radio, and Internet, without notice, review or approval and without additional compensation except where prohibited by law.

 

11. GENERAL: This Contest is subject to all federal, state and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Contest other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her prize. If it is discovered or suspected that a person has registered, entered or attempted to register or receive entries using multiple e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of an entrant, the Entry will be declared made by the primary account holder of the e-mail account associated with the Twitter, Instagram, or Facebook account used to enter the Contest. Potential winners may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the e-mail address by an e-mail service provided. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and the Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.

 

12. WINNER LIST: To obtain the name of the winner, mail a self-addressed, stamped business-sized envelope to: Crispin Cider Pearposal Contest - Winner List Request, P.O. Box 410, Southfield, MI 48037. Winner List requests must be received by October 31, 2019.

 

Sponsor:  MillerCoors LLC, 311 10^th Street, Golden, CO USA 80401.