Cape May Brewing Company
Oktoberfest Stein Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. THE SWEEPSTAKES IS INTENDED FOR ELIGIBLE RESIDENTS IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY UNITED STATES LAW.
1. PROGRAM DESCRIPTION
In connection with the Cape May Brewing Company Oktoberfest Program, Cape May Brewing (“Sponsor”) will be giving away one (1) pair of custom Cape May Brewing Company steins to (1) Eligible Participant. The steins will be awarded to one (1) winner the first week of November 2022. Each person who participates in the sweepstakes fully and unconditionally agrees to comply with and fully abide by these Official Rules and the decision of Cape May Brewing whose decision shall be final and binding in all respects concerning the “Oktoberfest Stein Giveaway” (“Sweepstakes”). Eligible Participants will be able to enter the sweepstakes by scanning a QR code on any Cape May Brewing display at participating retailers or entering alternatively as set forth below.
2. SWEEPSTAKES PERIOD
Sweepstakes begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on August 22, 2022 and ends at 11:59:59 p.m. EST on October 31, 2022 (“Sweepstakes Period”). Submissions received outside of these times will not be considered.
3. HOW TO PARTICIPATE
QR Code: Use your smartphone or other web-enabled device with data plan to scan the Sweepstakes quick response (“QR”) code featured on signs or promotional materials at participating stores with the QR read application already installed on your phone. You will be directed to a mobile Web page where you may complete and submit an entry. Proof of scanning QR codes does not constitute proof of completion or submission of an entry. The winner(s) will be subject to confirmation that he/she is an Eligible Participant based upon these Official Rules.
For all Entries: Automated entries are prohibited and any use of automated devices will cause disqualification. Entrants may not enter with multiple email addresses nor use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeits all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered an entrant and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. Potential winner may be required to show proof of being the authorized account subscriber.
All entries must be received and recorded during the Sweepstakes Period. No other forms of entry are valid. Limit one (1) entry per person.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.
NO PURCHASE SHALL BE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED BY LAW.
The Sweepstakes is open to legal residents of the fifty (50) United States and District of Columbia, who are twenty-one (21) years of age or older at the time of entry.
The following persons shall not be eligible to either participate or win prizes in the Sweepstakes:
any person who, at any time on or after August 22, 2022 was or is a director, officer, member, employee, agent, franchise owner, shareholder, member, and/or principal of Cape May Brewing, LLC (“Sponsor”), or any of its respective divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies, advertising and promotion agencies, wholesale distributors, retail licensees, and/or independent contractors of any of the above organizations;
any person who, at any time on or before August 22, 2022 was or is a director, officer, employee, agent, franchise owner, shareholder, member, and/or principal of any Prize Supplier (as defined by these Official Rules) or any of its respective divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies and/or independent contractors of any of the above organizations;
any person who is an immediate family member (meaning either a biological or step mother, father, sister, brother, daughter, son, IRS dependent and/or spouse) of any person in any of the preceding ineligible person categories regardless of where they live or reside in the same household (and whether related or not) to any person in any of the preceding categories.
Transfer of any Sweepstakes materials by any person in any of the preceding ineligible person categories to an eligible person is strictly prohibited and shall be void. Eligible persons may only win once per calendar year.
5. SWEEPSTAKES DRAWING
One (1) potential winner will be selected in one (1) random drawing the week of November 1, 2022. There will be one (1) winner per drawing. Drawings will be selected from all eligible entries received by Cape May Brewing Company, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
6. WINNER NOTIFICATION
All prizes will be awarded. Potential winner will be notified by email or phone call and will be required to respond to the notification within seventy-two (72) hours indicating whether they can accept the prize. If a potential winner does not respond to the notification within the seventy-two (72) hour time period, prize will be forfeited and an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to respond to the notification within the time frame stated above.
In the event of noncompliance within any stated time period, the prize will be forfeited and an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to adhere to the time periods described herein. Any prize notification or prize returned to Sponsor or its agencies as undeliverable will result in disqualification and the awarding of that prize to an alternate potential winner.
7. PRIZE DETAILS, PRIZE VALUATION & ODDS OF WINNING
Prize (one total): One (1) pair of Custom Cape May Brewing Company Oktoberfest Steins. Approximate Retail Value (ARV): $50. If winner cannot accept prize as specified, prize will be forfeited and awarded to an alternate winner. Any difference between stated value and actual value will not be awarded.
Prize is non-transferable and no cash equivalent or substitution of prize is offered. If a prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
The odds of winning are dependent upon the amount of entries into the Sweepstakes.
8. PUBLICITY CONSENT
By accepting any prize under the Sweepstakes, a winning participant expressly agrees to the use by Cape May Brewing and its designees of the winning participant’s name, biographical information (city and state), picture, portrait, voice, quotes, comments, image, and/or likeness for the purpose of advertising, trade or sweepstakes without further compensation, notification or consideration in any and all media now known or hereafter developed throughout the world, in perpetuity, unless prohibited by law. Any and all prizes awarded shall be subject to verification of the participant’s eligibility and compliance with the terms of these Official Rules by Cape May Brewing.
9. NO ASSIGNMENT
No assignment and/or transfer of any kind of any prize, alternative prize or other substitution is permitted in the absence of Cape May Brewing’s express written consent (which shall be in Cape May Brewing’s sole and exclusive discretion), and any such prohibited assignment and/or transfer shall be void.
10. CONSENT TO OFFICIAL RULES/NO WAIVER
Participation in the Sweepstakes constitutes each and every participant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Cape May Brewing reserves the right at its sole discretion to disqualify any participant that Cape May Brewing determines to be in violation of any term contained in these Official Rules. The decision and/or action of Cape May Brewing not to enforce a specific provision of these Official Rules does not constitute a waiver of any provision herein or of these official rules in general, and shall not prohibit Cape May Brewing from proceeding and/or enforcing these Official Rules in the future. Cape May Brewing may enforce these Official Rules cumulatively, meaning singly, concurrently and/or in any such manner as Cape May Brewing sees fit without waiving them in any capacity.
11. NO WARRANTIES/INDEMNITY
Cape May Brewing makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY AND ALL PRIZES AWARDED SHALL BE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CAPE MAY BREWING HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF TITLE, ANY EXPRESS WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. In no event will Cape May Brewing be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of, in connection with, or in any way related to:
Any person’s participation in the Sweepstakes;
Late, lost, delayed, damaged, misdirected, undelivered, stolen, incomplete, illegible, unintelligible, or postage-due notices, entries, release forms, email, affidavits or other correspondence or mail;
Access to and use of any and all of Cape May Brewing’s websites, including downloading from or printing material downloaded from any and all of Cape May Brewing’s websites;
Acceptance, use or misuse of any prize;
Any condition caused by events beyond the control of Cape May Brewing that cause the Sweepstakes to be disrupted and/or corrupted;
Any printing or typographical errors in any materials associated with the Sweepstakes.
Cape May Brewing reserves the right, in its sole and complete discretion to suspend or cancel the Sweepstakes at any time. Further, and without limitation of any of the foregoing, to the fullest extent allowed by law, by participating in the Sweepstakes each participant agrees to release and hold Cape May Brewing and/or its employees, officers, directors, shareholders, agents, representatives, successors and assigns, including its parent companies, affiliates, subsidiaries, advertising and promotion and fulfillment agencies and legal advisors, harmless from any and all losses, expenses (including all legal fees), costs, damages, rights, claims and actions of any kind in connection with the Sweepstakes resulting from acceptance, possession or use of any prize, including without limitation personal injury, death and property damage and claims based on publicity rights, defamation, or invasion of privacy.
12. CHOICE OF LAW/CHOICE OF FORUM
All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of any participant in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of New Jersey without regard to choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. By participating in the Sweepstakes, each participant agrees that any and all disputes arising out of or in any way related to the Sweepstakes and/or these official rules shall be brought solely in the State of New Jersey, or based solely on federal law in the United States District Court for the District of New Jersey.
Unless otherwise specifically provided in these Official Rules, the following terms as used in these Official Rules shall be defined as follows:
Sponsor - Cape May Brewing, LLC, 409 Breakwater Road, Cape May, New Jersey, 08204
Cape May Brewing, LLC, 409 Breakwater Road, Cape May, NJ 08204