Get Away with BUBS Contest Rules

“GET AWAY WITH BUBS” OFFICIAL CONTEST RULES

 

Sponsored by The Umstead Hotel and Spa (the “Sponsor”)

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE “GET AWAY WITH BUBS” OFFICIAL CONTEST IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.  DO NOT ENTER THE “GET AWAY WITH BUBS” OFFICIAL CONTEST IF YOU ARE NOT ELIGIBLE AND CURRENTLY LOCATED IN ONE OF THE 50 UNITED STATES/D.C. THE “GET AWAY WITH BUBS” OFFICIAL CONTEST IS SUBJECT TO ALL FEDERAL AND STATE LAWS AND REGULATIONS.

 

Eligibility — The “Get Away With Bubs” Official Contest (the “Contest”) is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 21 years of age or older at the time of entry. Employees, officers, directors, or agents of Sponsor, Sycamore Brewing, LLC (“Sycamore”) or any of Sycamore’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and 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.

 

Contest Entry Period — The Contest begins at 12:00 a.m. Eastern Standard Time (“EST”) on December 7, 2020, and ends at 11:59:59 p.m. EST on January 31, 2021 (“Contest Entry Period”).

 

How to Enter — First, you must make a fun, funny, or cool video of yourself featuring BUBS (“Video”)! This year has been terrible, so aim for laughs and smiles! Then, during the Contest Entry Period, upload your Video in one of the following ways:

  • To Enter via Instagram: Post your Video to your Instagram account using Instagram’s “Reel” feature, or as a traditional post, with the hashtag #GetAwayWithBubs and @BubsSeltzer. You must follow @BubsSeltzer and @theUmstead on Instagram, and have a valid, public, Instagram account. If you don’t already follow BUBS Seltzer and Sponsor on Instagram, visit https://www.instagram.com/bubsseltzer and https://www.instagram.com/theumstead and click on the “Follow” icons. A free Instagram account can be created by visiting http://instragram.com and following the on-screen instructions to register. You may include a description of your Video but it will not factor into the judging. You must include the #GetAwayWithBubs hashtag and @bubsseltzer for your video to be considered an “Entry.”

 

A Video uploaded in accordance with this section will be considered an “Entry” into the Contest, subject to the terms of these Official Rules.

 

Any activity depicted in your Entry must not present a danger to you or others, in the sole opinion of  Sycamore. Entry must be your original creation (a modification of an existing work does not qualify as original) and you must be the sole copyright owner of the Entry. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Entry must comply with the Entry Requirements outlined below. Entry must also comply with any applicable submission requirements as dictated by Instagram. You may submit/post as many Entries as you like, but each Entry must be substantially different. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. Any questions, comments or complaints regarding this Contest should be directed to Sycamore and not to Instagram. Enter using an Instagram account registered in your name.  Multiple entrants may not share the same Instagram account. In the event of a dispute, the natural person associated with the Instagram account used to enter will be deemed to be the entrant. No robotic, programmed, script, macro or other automated entries (collectively “automated entries”) are permitted. Automated entries or entries that have been tampered with will result in disqualification of all such entries. By submitting an Entry, Entrant acknowledges that his/her Entry may be posted across any or all of Sycamore’s and Sponsor’s digital and social media assets, at Sycamore and Sponsor’s sole discretion. Personal information collected is subject to the Sycamore’s privacy policy at https://sycamorebrew.com/pages/privacy-policy. Upon request by Sycamore, the Entrant and any identifiable person appearing in the Entry may be required to execute a liability/publicity release. Failure by Entrant or any identifiable person appearing in the Entry to execute the liability/publicity release may result in the disqualification of the Entry. Anyone appearing in the Entry must be 21 years or age or older. Only the person who submitted the Entry may be entitled to a prize. No group entries allowed. Submission of an Entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt.

 

ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AND ANYONE APPEARING IN THE ENTRY ACKNOWLEDGE AND AGREE THAT NEITHER SYCAMORE, SPONSOR, INSTAGRAM, INC., THEIR RESPECTIVE PARENT COMPANIES, DIVISIONS, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS CONTEST, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST.  ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND THOSE THAT APPEAR IN THE ENTRY AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER.

 

Entry must conform to the following Entry Requirements to be eligible, as determined in Sycamore’s sole discretion:

 

  • Sycamore’s products may be depicted in the Entry, but entry should not be consumed in the Entry or otherwise promote the excessive or irresponsible consumption of alcohol, or promote the illegal use thereof;
  • Entry cannot be violent or derogatory of any ethnic, racial, gender, religion, nationality, sexual orientation, professional or age group, profane or pornographic, contain nudity;
  • Entry cannot promote or depict illegal drugs or firearms or the use thereof, or any political agenda or message (in the sole opinion of Sycamore);
  • Entry cannot defame, misrepresent or contain disparaging remarks about Sycamore or Sponsor;
  • Entry may not misappropriate any intellectual property of third parties, including copyrighted material or third-party trademarks except those of Sycamore and Sponsor;
  • Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sycamore and/or Sponsor wish to associate;
  • Entry cannot depict, and cannot itself, be in violation of any law; and
  • Entry cannot depict dangerous or unsafe behavior for the entrant

Entry must be suitable for broadcast at Sycamore’s sole discretion. By submitting an Entry, Entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original), Entrant is the sole copyright owner of the Entry, that the Entry is true and verifiable, that the Entry has not been previously submitted to or entered in any competition or won any awards, and that his/her Entry and its contents do not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right. If the Entry contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sycamore in the manner set forth in these Official Rules. Sycamore reserves the right to request proof of these permissions in a form acceptable to Sycamore from any entrant at any time. Failure to provide such proof may, if requested, render the Entry null and void. By submitting an Entry, Entrant and anyone depicted in the Entry represent that they consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Except where prohibited by law, each Entrant acknowledges and agrees that the Sycamore does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Entrant’s Entry. Winner will be disclosed in a winners list and Released Parties are not liable for any misuse of such winners list by third parties.  Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants and anyone depicted in the Entry agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sycamore in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or Sycamore, may be disqualified.  Sycamore reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion.  Sycamore reserves the right, in its reasonable discretion, during the Contest Entry Period, to request that any Entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging period.

Judging — On or about February 8, 2020, a panel of judges appointed by Sycamore will judge Entries received based on the following criteria: (i) overall quality (50%) and (ii) composition (50%). The Entrant who submitted the Entry receiving the highest score based upon the judging criteria set forth herein will be deemed the prize winner, subject to verification of his/her eligibility. In the event of a tie, the Entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries using the criteria listed above. The decisions of the judges will be final and binding on all matters relating to the Contest.

License and Use of Entries — By submitting an Entry, Entrant hereby grants to Sycamore a royalty free and fully paid up, irrevocable, worldwide perpetual license to edit, publish, use, adapt, exploit, and modify any Entry (and all elements embodied therein), including, without limitation the images, names, likenesses of any persons or locations embodied therein, in print, film, television, online including on Sycamore’s and third party websites or in any other media now known or hereafter devised, without compensation, notification or permission from entrant, anyone appearing in the Entry.

Prize — One (1) Grand Prize winner.  The Grand prize winner will receive: one (1) two (2) night stay in a lakeview room at the Umstead Resort and Spa located in Raleigh, NC; two (2) spa treatments at the Umstead Resort and Spa; and one (1) BUBS branded Baboon backpack with BUBS branded merchandise.  Total Approximate Retail Value (“ARV”): $1,860.  Any unclaimed or forfeited prize will not be awarded. All taxes resulting from acceptance of the prize is the sole responsibility of the winner. No substitution, transfer, or cash redemption of a prize is permitted, except as expressly set forth herein by Sycamore, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. All prize details not specified herein shall be determined by Sycamore in its sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied, in fact or in law, by Sycamore. All prize details are at Sycamore's sole discretion. In no event shall Sycamore’s prize liability exceed the ARV of prize for any reason.

Winner Notification — Potential winner will be notified by Sycamore or Sycamore’s agent by email, or Instagram’s messaging system, and will be required to respond to that email or message with their complete name, address, phone number, email address, and date of birth within 72 (seventy-two) hours of such notification or prize will be forfeited and awarded to an alternate winner.  Potential winner will also be required to sign and return an Affidavit of Eligibility and a Liability/Publicity release during this same time-period.  If a prize notification email or message is returned as undeliverable, or prize is refused by a notified potential winner, the prize will be awarded to an alternate winner.  Failure by the potential winner to return the affidavit and the liability/publicity release within the time-period stated above will result in disqualification and the prize will be awarded to an alternate winner.  All Entries become property of Sycamore and will not be returned.  By accepting the prize, winner grants Sycamore and Sycamore’s agents, the right to use his/her name and likeness in advertising, publicity and promotion without further compensation or permission, except where prohibited by law.  Sycamore is not responsible for technical difficulties with telecommunications systems beyond its control or for changes to potential winner’s email or mailing address.  Potential winner may be required to demonstrate control of the Instagram account associated with a winning Entry.  Prize will be awarded to winner within 3-4 weeks from the date it is confirmed that winner has complied with the above requirements.  If a winning Entry depicts individuals other than entrant, Entrant may be required to assist Sycamore in obtaining signed publicity releases from all pictured individuals.  If any prize or prize-related communication is returned as undeliverable, prize will be forfeited.  Sycamore is not responsible for any change of Instagram account,  account, mailing address, e-mail address, and/or telephone number of Entrants.  Unclaimed or undeliverable prizes may not be awarded.  Failure by potential winner to respond to the email or message within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sycamore’s inability to contact potential winner within a reasonable time-period may result in forfeiture of potential winning status and the Entry receiving the next highest score during Judging will be deemed the potential winner

General Terms and Conditions — By entering the Contest, you agree to the terms of the Privacy Policy set forth herein and consent to receiving emails related to this Contest. By participating, each Entrant agrees (a) to release, discharge and hold harmless Released Parties from and against any liability, claims, losses and damages arising out of or relating to their participation in this Contest or the acceptance, use, misuse or possession of a prize received in this Contest (including any personal injury, death and property damage or activity related thereto), and the Released Parties’ use of any Entry; and (b) to abide by these Official Rules and decisions of Sycamore and judges which shall be final and binding in all respects; and (c) that Sycamore and their respective designees shall have the right and permission to use (unless prohibited by applicable law) the name, voice, city, and state of residence, photographs and/or likenesses of the Entrant and anyone appearing in the Entry for purposes of advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without limitation or additional compensation, notification or permission, except where prohibited by law; and, upon request, to provide consent to such use in writing.  Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing, uploading or downloading information in this Contest.  Sycamore reserves the right, at their sole discretion, to modify or terminate the Contest or any portion thereof) should any virus, bug, technical failures, fraud, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Contest, and, in the event of termination, suspension or cancellation, at its discretion, to void the Entries at issue and/or terminate, cancel or suspend the Contest and, if terminated, at Sycamore’s discretion, to select winner based on judging criteria set forth above from all eligible, non-suspect Entries received prior to such termination using the judging procedure set forth above.  No more than the number of prizes stated herein will be awarded.  In the event the Sycamore is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, earthquake, explosion, 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, or order of any court or other cause not within Sycamore’s control, Sycamore shall have the right to modify, suspend, extend or terminate the Contest.  Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest or website may be a violation of criminal and civil laws.  Should such an attempt be made, Sycamore reserves the right to disqualify such person and void suspect Entries and seek damages and other remedies (including attorneys’ fees) from him/her to the fullest extent permitted by law.  Entrants are subject to all notices posted online including but not limited to privacy policies. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court for the state of North Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sycamore in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of North Carolina without giving effect to any choice of law or conflict of law rules (whether of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than North Carolina.

Limitation of Liability — Neither Sycamore nor it’s agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information.  Neither Sycamore nor it’s agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, tampering with or hacking of website, computer, network, mechanical, electronic, printing, typographical, human or other error or problem relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the announcement of the prize, the processing or judging of Entries or in any Contest-related materials.  Sycamore reserves the right, in its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest or website or may be acting in violation of the terms of the website or may be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person.  Any attempt to deliberately damage any website or undermine the legitimate operation of this Contest may be unlawful and subject to legal action by Sycamore or its agents.

Use of Collected Materials and Information Sycamore will be collecting, storing, and exploiting personal data about Entrants to administer Contests and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into the Contest, Entrants agree to Sycamore’s collection and use of their personal information.  Sycamore will not disclose any Entrant’s personal information to any non-affiliated third party.  For more information on Sycamore’s handling of personal information, see Sycamore's Privacy Policy, a copy of which can be found at the following link: https://sycamorebrew.com/pages/privacy-policy.

Winner Name — For the name of the prize winner (available after February 22, 2021, send a self-addressed, stamped, business size envelope by March 15, 2021 to Sycamore Brewing, LLC, 401 W 24th Street, Charlotte, North Carolina 2820. Winner’s name will be sent after the winner has been verified.

SycamoreSycamore Brewing, LLC, 401 W 24th Street, Charlotte, North Carolina 28206.

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