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BEARFACE® Canadian Whisky Portable Woodburning Fire Pit Florida Sweepstakes

OFFICIAL RULES 

NO PURCHASE NECESSARY.  A purchase will not increase your chance of winning.  This Sweepstakes is open ONLY to the legal U.S. resident of THE STATE OF FLORIDA WHo are 21 years of age or older at time of entry.  Void ELSEWHERE AND where prohibited or restricted by law.   

1.   Eligibility:  This Sweepstakes is open only to legal U.S. residents of the State of Florida who are 21 years of age or older at the time of entry.  Void elsewhere and where prohibited or restricted by law. Employees, officers and directors of the following entities and members of their immediate families (defined as parent, child, sibling, spouse) or same households (whether related or not) are NOT eligible to enter the Sweepstakes or win a prize:  American Vintage Beverage Inc., its parent company, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies (including HP2 Promotions), as well as alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers).   By participating in the Sweepstakes, entrants agree to abide by and be bound by these Official Rules and the decisions of Sponsor and HP2 Promotions (the “Administrator”) which shall be final and binding in all respects.  All federal, state and local laws apply.

2.   Sweepstakes Period:  Sweepstakes begins at or after 12:00:01 a.m. Eastern Time (“ET”) on November 29, 2021 and ends at 11:59:59 p.m. ET December 31, 2021. Actual start time of Sweepstakes on November 29, 2021 depends on when the BEARFACE® Canadian Whisky Portable Woodburning Fire Pit Florida Sweepstakes post is made to the official BEARFACE® Whisky Facebook page and Instagram page, as discussed below. (Mike’s® Hard Lemonade Seltzer Sweepstakes post may not be made to the Facebook and Instagram page at the same time.)

3.   How to Enter:  Social Media (Facebook/Instagram):   Internet access and a valid e-mail account are required for entry.  A Facebook or Instagram account is required for Sweepstakes entry. A Facebook or an Instagram account may be opened for free, subject to the Terms of Facebook including but not limited to Facebook’s Terms of Service (found at https://www.facebook.com/legal/terms), or subject to the Terms of Instagram including but not limited to Instagram’s Terms of Use (found at http://www.instagram.com/about/legal/terms). (To use Instagram, a compatible mobile device is required to download the Instagram “app.”) The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

Access the official BEARFACE® Whisky Facebook page at https://www.facebook.com/BEARFACEwhisky/ OR access the official BEARFACE® Whisky Instagram page at https://www.instagram.com/bearfacewhisky/ (@bearfacewhisky).  Complete and submit the entry form with all required information, including your name, date of birth, e-mail, phone number, state of residence, and agreement to these Official Rules.

Sponsor assumes no responsibility for lost, late, damaged, stolen, misdirected, illegible, incomplete, inaccessible,  incorrect, or garbled entries or other Sweepstakes materials, all of which are void.  Facsimiles or mechanical reproductions will not be accepted.  All entries become the property of Sponsor and will not be returned.   Information collected in connection with this Sweepstakes will be used in accordance with Sponsor’s Privacy Policy found at https://www.bearfacewhisky.com/privacy/ and these Official Rules.  In the event of any discrepancy between the Privacy Policy and these Official Rules, the Privacy Policy shall prevail, control and govern. You should also consult the Data Policy of Facebook (found at https://www.facebook.com/about/privacy/) or Instagram (found at https://www.instagram.com/about/legal/privacy/), as applicable.

Subject only to the rights retained by Facebook, Inc. (to the extent applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the comment in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant.  Entrant waives any “Moral Right of Authors” (Droit Moral) in the comment pursuant to any U.S. law. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.

4.  Entry Restrictions:  Limit one (1) entry per person, family, household or address, per day (12:00:01 a.m. ET until 11:59:59 p.m. ET) during the Sweepstakes period regardless of the method of entry and the number of e-mail accounts, Facebook accounts or Instagram accounts that a person has.  Violation of this entry limit will result in only the initial entry being accepted.  Automated entries are prohibited and any use of such automated devices will cause disqualification.  But, Sponsor reserves the right to void all entries (and disqualify entrant from the Sweepstakes altogether as well as to prohibit such entrant from participating in future promotions offered by Sponsor) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant or repeated violations of the entry limit.  Proof of submission of entry does not constitute proof of receipt of same or proof of entry.  Receipt of entry on Facebook or Instagram may be acknowledged but such acknowledgment does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor.  Entries generated by script, macro, robotic, programmed or like means are prohibited and will be disqualified.  Use of third party entities (e.g., commercial sweepstakes services) to enter Sweepstakes on a person’s behalf voids entry, will result in disqualification from Sweepstakes and possible prohibition from participating in future promotions offered by Sponsor.  All Entries become the sole property of the Sponsor.  Sponsor and its agencies assume no responsibility for illegible, lost, late, damaged, incomplete, late or lost entries due to data or computer glitches or other programming/technological/electronic error, malfunction or failure of any kind, regardless of cause; and, all such entries are void.  In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail account associated with the Facebook or Instagram account used to enter the Sweepstakes as of date of entry.  Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the e-mail address corresponding to the Instagram or Facebook account used to enter the Sweepstakes.

If participating in the Sweepstakes via mobile device, message and data rates may apply.  You may be charged by your wireless carrier for entering the Sweepstakes by using your mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE entering the Sweepstakes via mobile device.  Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas.  

5.  Prize:   One (1) Prize will be available to be awarded   Winner will receive one (1) BEARFACE® branded *Solo Smokeless, Portable, Woodburning Fire Pit.  Specific model and features of prize to be determined by Sponsor in its sole discretion.   Approximate Retail Value of Prize:  $200.00

Alcohol beverages are not part of the Prize.   Prize will only be delivered to a street address in the State of Florida.  

*Trademark is used for prize identification purposes only.   No endorsement, sponsorship or authorization intended or implied.

6.  Winner Determination/Odds:  Winner will be determined in a random drawing on or about December 20, 2021 by Sponsor/Administrator whose decisions will be final in all matters relating to this Sweepstakes.  Odds of winning will be determined by the total number of eligible entries received. (For the avoidance of doubt, if the content/additional content in an entrant’s comment with their thoughts/opinions/feelings about the BEARFACE® Whisky Sweepstakes post is in compliance with these Official Rules [including the Content Restrictions as set forth above], such content/additional content will not be taken into account in the winner selection procedure.)  Potential winner will be notified by will be notified by email or phone (specific method[s] of notification being of Sponsor’s sole choosing) on or about December 20, 2021 and will be required to sign an Affidavit of Eligibility, Liability and Publicity release within five business (5) days of notification or Prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion.  Potential winner will be required to sign a Declaration of Eligibility, Liability and Publicity Release (where lawful) within five (5) business days of date indicated on notification materials. In the event of noncompliance with this requirement or if potential winner (whether he/she entered via comment on Facebook or Instagram) cannot be contacted for any reason, prize will be forfeited without compensation of any kind and an alternate winner may be selected.

Except where prohibited, acceptance of the prize constitutes the winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.

7.  Prize Restrictions:  Actual prize may differ from images of same in Sweepstakes advertising (including BEARFACE® Whisky Sweepstakes post) and Sponsor disclaims any and all liability in conjunction therewith. 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 prize substitution except at Sponsor’s sole discretion due to unavailability for any reason and only then for prize of comparable value.  Prize is not redeemable/exchangeable for cash. Prize is not transferable except with Sponsor’s prior consent which may be granted or withheld in its sole discretion without liability of any kind.  All federal, state and local taxes on said prize are winner’s sole responsibility.  By accepting said 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 to redeem said prize.   Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of said prize.

Taxes on said prize are winner’s sole responsibility.   Upon receipt of the Prize, winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning said prize furnished in connection with this Sweepstakes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAID PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR AND ITS DESIGNEES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE ONLY WARRANTIES – IF ANY – ARE THOSE OF THE MANUFACTURER OF THE PRIZE.

8.   Releases:  By participating, entrant indemnifies, releases and agrees to hold harmless (a) American Vintage Beverage Inc., its designees. its parent company, subsidiaries, divisions, affiliates, prize suppliers, and advertising and promotion agencies (including HP2 Promotions); (b) the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations; and (c) Facebook, Inc. (“Released Entities”) from any and all liability arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or the acceptance, receipt, possession or use/misuse of said prize (as applicable). 

9.  Limitations of Liability:  Sponsor’s computer is the official clock for all purposes of the Sweepstakes.  Sponsor assumes no responsibility under any legal theory for (a) any incomplete, incorrect or inaccurate information whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site or entries; (c) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to entrant’s or to any person’s desktop computer or mobile device (or any information/materials stored thereon) related to or resulting from downloading materials from any web site or participating in the Sweepstakes; (d) entries being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Facebook or Instagram; and (e) late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions or entries regardless of cause (and, all such entries are void.)

10.  Force Majeure:  If the Sweepstakes (or any part thereof) is not capable of running as originally planned for any reason beyond the control of Sponsor (e.g., natural disaster, pandemic/epidemic, unauthorized intervention, fraud, civil commotion)  Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes and select the winner from among all eligible entries received prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.  Notice of such action by Sponsor will be posted on @BEARFACEwhisky.

11.   Tampering:  ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES OR TO DEFRAUD SPONSOR IN CONJUNCTION WITH THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE SWEEPSTAKES (IF APPLICABLE), PROHIBIT SUCH PERSON FROM PARTICIPATING IN FUTURE PROMOTIONS OFFERED BY SPONSOR, AS WELL AS TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

12.  Additional Conditions of Participation:  Sponsor is not responsible for any typographical, technical, or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern.  If a Sweepstakes entry is lost, destroyed or corrupted, the entrant’s sole remedy shall be receipt of a replacement entry, time permitting and if otherwise feasible; if not feasible (as determined by Sponsor in its sole discretion), Sponsor shall not have any liability of any kind relative to same. Only the type and quantity of prize described in these Official Rules IS available to be won in the Sweepstakes.  Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not represent the waiver of such provision.  Should a court of competent jurisdiction deem a given provision of these Official Rules to be invalid, illegal or unenforceable, such provision will be replaced with a substitute provision which is valid/legal/enforceable and most closely approximates the original intent of Sponsor.  The invalidity, illegality or unenforceability of any provision of these Official Rules shall not affect the validity, legality or enforceability of any other provision of these Official Rules.

13.  Disputes:  This Sweepstakes is governed by the laws of the State of Illinois, without respect to conflict of law/choice of law doctrines of Illinois (or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than Illinois).  To the fullest extent permitted by law, as a condition of participating in the Sweepstakes, entrant agrees (a) that any and all disputes regarding the Sweepstakes which cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Cook County, Illinois; (b) to the personal jurisdiction of such courts and to waive any right of inconvenient forum, change of venue or any like right; (c) that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering the Sweepstakes (if any), but in no event attorney’s fees, with all other forms of remedy – including but not limited to punitive, incidental, or consequential damages and injunctive relief – being expressly waived.

14.  Winner’s List:   For the winner’s name, please send a self-addressed stamped envelope to “BEARFACE  Canadian Whisky Portable Woodburning Fire Pit Florida Sweepstakes”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by January 24, 2022.  Winner’s name will be available after February 7, 2022.

Sponsor:  American Vintage Beverage Inc., Chicago, IL  60661

© 2021 BEARFACE Spirits, Toronto, ON CAN. Imported by Mark Anthony Crafted Spirits, Chicago, IL 60661

Please Drink Responsibly.  BEARFACE Canadian Whisky.  42.5% Alc/Vol