Bitburger Road to Oktoberfest Sweepstakes
Official Rules (the "Official Rules")
MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. NO PURCHASE OR PAYMENT NECESSARY. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE A LEGAL RESIDENT OF THE UNITED STATES TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Bitburger Road to Oktoberfest Sweepstakes (the "Sweepstakes") is open only to legal U.S. residents who are at least twenty-one (21) years old at the time of entry. Void where prohibited or restricted by law. This sweepstakes is organized by St. Killian Importing ("Sponsor") in association with St. Killian Importing Co., ("Sponsor"). Employees of St. Killian Importing Co., vendors of St. Killian Importing Co., licensed alcoholic beverage distributors and retailers, Avid Marketing Group or any of their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes, and the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such individual are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator's (as defined in Section 2 below) decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase or payment is necessary to enter or win the Sweepstakes.
2. Sponsor and Administrator
Sponsor: St. Killian Importing Co., 170 Market St., Everett, MA 02149.
Administrator: Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008.
The Sweepstakes begins on January 1, 2020 at 12:00 a.m. Eastern Time ("ET") and ends on July 31, 2020 at 11:59 p.m. ET (the "Sweepstakes Period"). Sponsor is the official time keeper for this Sweepstakes.
4. How to Enter
There are TWO (2) ways to enter this Sweepstakes. During the Sweepstakes Period, send a text message with the word "BITOKT" from your handset addressed to "24587" ("Entry Method No. 1"). Once the text is received, you must verify your date of birth. Then, you will be prompted to provide your full name and email address (required) and you will then be automatically entered into the Sweepstakes. Prizes will be awarded to the name corresponding to the phone number from which the text message originated. You will be charged for all text messages sent and received from your handset according to the terms in your individual calling plan with your cellular provider. For additional support, text HELP to 24587 or STOP to cancel at any time. All entrants using Entry Method No. 1 must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method. Standard text messaging fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate. Check your phone capabilities for specific text messaging instructions. Text messaging service is not available in all areas.
Alternatively, you can send an email with your full name, date of birth, state and phone number with the subject "STK1674229W Road to Oktoberfest Sweepstakes" to email@example.com to be received by July 31, 2020.
No more than ONE (1) entry per person/household/email address/mobile device number for the entire Sweepstakes Period. Multiple entries will automatically result in disqualification. Participants may not enter with multiple e-mail addresses. No alterations or forged entries are permitted.
Sponsor is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect an on-line user's ability to enter and qualify or the ability of Sponsor to notify the winners. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted, and entrants may not use any other device or artifice to enter in excess of the number of entries allowed. All entries become the property of Sponsor and will not be returned.
5. Winner Selection
Grand Prize Winners
ONE (1) Grand Prize Winner will be awarded. The Winner will be determined on or about August 7, 2020 in a random drawing among all eligible entries received. The drawing will be conducted by St. Killian, whose decisions will be final and binding in all matters relating to this Sweepstakes. Odds of winning a prize will be determined by the total number of eligible entries received. The awarding of each prize is subject to verification of each potential winner's eligibility. Winner will be notified by email and/or phone on or around August 7, 2020. Winners will be required to furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver's license, birth certificate or passport) within FIVE (5) days of notification, along with a notarized Affidavit of Eligibility Form. If any prize notification is returned as undeliverable, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received.
6. SPONSOR AND/OR ADMINISTRATOR'S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Winners must be 21 years of age or older. 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 any listed prize for one of equal or greater value for any reason. Any and all guarantees and warranties are subject to the manufacturer's terms and conditions, and winner agrees to look solely to such entity for any such warranty or guarantee claim. Winners are solely responsible for all federal, state and local income taxes.
Sponsor reserves the right to conduct a background check of any criminal records of the Winners. To the extent necessary and permitted by law, Winners shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winner from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
ONE (1) Grand Prize will be awarded. Grand Prize Winner will receive a trip to the 2021 Oktoberfest in Munich, Germany for him/herself and ONE (1) guest (21 or older). Grand prize package includes: round trip coach air transportation from the major airport nearest winner's home (as determined by Sponsor) to Munich, Germany (specific airport of Sponsor's sole choosing); round trip ground transfers to/from airport to hotel; FOUR (4) day and THREE (3) night stay (single room) at a hotel of the Sponsor's choice; tickets to attend 2021 Oktoberfest. Trip to be taken starting September 18, 2021 and must be completed by October 3, 2021. If winner is not available and able to take trip within those dates, the prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Sponsor to approve trip dates chosen by Winner and airline and flight itinerary to be determined by Sponsor at its sole discretion. Winner and their guest must travel together. No refund or compensation will be made in the event of cancellation or delay of any flight. All details of travel and accommodation are subject to availability. Lodging and air transportation cannot be used separately. Travel and hotel stay are subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier(s) and hotel(s) of Sponsor's choice. Sponsor shall not be responsible for any cancellations, delays, diversions or flight substitution or any act or omissions whatsoever by the air carrier(s), accommodation provider(s), or any other persons or companies providing any of these services and accommodations. Sponsor shall not be liable for any loss or damage to baggage. Winner and guest are responsible for obtaining any valid documentation necessary for travel (Passport), and each is responsible for his or her own travel insurance should they desire same. The prize consists only of the items described above. All expenses not expressly stated in the prize description above as being included in the prize, including, without limitation, meals, ground transportation, tips, souvenirs and hotel incidentals, are the responsibility solely of each winner. Use of prize is contingent upon winner and his/her guest conducting themselves at all times in a socially responsible, respectful and appropriate manner; should winner and/or his/her guest fail to do so, prize may be immediately terminated, and the Sponsor may pursue other legal sanctions against the winner and/or guest, as applicable. Further travel and/or accommodations restrictions may apply. Alcoholic beverages are not part of the prize. Sponsor shall not be liable for any loss or damage to Prizes. The prizes consist only of the items described above. Approximate Retail Value ("ARV") of Grand Prize is $4,000.00. Actual value may vary. Any difference between the stated ARV and actual value will not be awarded. Aggregate value of all prizes is $4,000.00.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the "Released Parties") 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 entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties 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.
Except where prohibited, participation in the Sweepstakes constitutes winners' consent to Sponsor's and its agents' use of winners' name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator 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 promotion 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, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Entry in the Sweepstakes constitutes an entrant's full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor's sole discretion. Cash equivalent may be less than the approximate retail value of the prize. Prizes are non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on the prizes are winner's sole responsibility. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.
The stated ARV of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
Electronic Entries: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
12. 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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 an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. ONE (1) prize per person only. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participant, or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the internal laws of Massachusetts without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
15. Entrant's Personal Information
16. Sweepstakes Results
For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to: Avid Marketing Group, ATTN: STK1674229W - Road to Oktoberfest Sweepstakes, P.O. Box 1008, Rocky Hill, CT 06067-1008. Requests for the Winner List must be received by August 31, 2020.
Sponsor: St. Killian Importing Co.
©2020 St. Killian Importing Co., Inc.
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