Gallivant Getaway Official Rules
**** GALLIVANT GETAWAY OFFICIAL RULES ****
Sweepstakes is open to legal residents of the fifty (50) United States (including the District of Columbia), who are 21 years or older at the time of entry. This Sweepstakes is void where prohibited by law.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 21 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU REPRESENT THAT YOU HAVE READ AND ACCEPTED THESE OFFICIAL RULES.
The #GallivantGetaway is sponsored by Fernson Brewing Company and Great Outdoor Store (“GOS”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.
SWEEPSTAKES PERIOD: The Sweepstakes starts on August 20, 2019 at 12:00 pm Central Time (“CT”) and ends at 11:59 pm CT on September 20, 2019 (“Sweepstakes Period”). All entries must be received by Sponsor no later than 11:59 p.m. CST on Septmeber 20, 2019. Entry is free, and no purchase or payment of any kind is necessary to enter or win this Sweepstakes.
ELIGIBILITY: The Sweepstakes is offered and open only to legal residents of the fifty (50) United States and Washington D.C. who are age 21 or older at time of entry. Fernson Brewing Company is committed to responsible advertising and marketing and adheres to the Brewers Association Marketing and Advertising Code. Void in all other states and where prohibited. Employees, officers and directors of Sponsor, and those entities involved in the preparation of materials and/or administration of this Sweepstakes, suppliers, distributors, or retailers of alcohol-beverage products, and their immediate family members (spouse and children living in the same household) are not eligible to enter.
By participating, each entrant agrees to abide by these official rules (“Official Rules”) and decisions of Sponsor and judges, which shall be final and binding in all respects.
Entries generated by script, macro or other automated means or by any means that subvert the entry process are void. Entries received before or after the Sweepstakes Period will be void. No other method of entry will be accepted. Data charges may apply. Sponsor is not responsible for any charges entrant may be charged by wireless service provider arising from or relating to entrant’s participation in the Sweepstakes.
All entries must comply with the Terms of Service of:
Instagram and Facebook
Entries may not contain, as determined by Sponsor in its sole discretion, any content that:
depict consumers under the age of 21;
depict consumption occurring in a location where beer or other alcoholic beverages are not allowed;
portray, encourage, or condone drunk driving;
depict situations where beer is being consumed excessively, involuntarily, as part of a drinking game or dare;
portray persons lacking control over their behavior as a result of consuming beer;
portray or imply illegal activity as a part of drinking beer;
make representations about unsubstantiated health benefits;
claim or represent that individuals cannot obtain social, professional, educational, athletic, or financial success or status without beer consumption;
claim or represent that individuals cannot solve social, personal, or physical problems without beer consumption;
is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
profane or pornographic; contains nudity;
contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, sexually explicit, obscene, pornographic, inappropriate, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.
promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
promotes any particular political agenda or message;
is obscene or offensive; endorses any form of hate or hate group;
appears to duplicate any other submitted Entry;
defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, other people or companies;
contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission
contains copyrighted materials owned by others (including music, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
includes third parties, including but not limited to minors, celebrities, and friends, who have not expressly authorized entrant to display their image or likeness. If the Entry contains an identifiable person other than the entrant who submitted the Entry, by submitting the Entry, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Entry as outlined herein.
contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or
copies or or otherwise plagiarize from any source or have previously been published commercially or submitted in or won any sweepstakes or sweepstakes.
violates any law.
By participating in this Sweepstakes, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in any online social sharing interaction that references the Sweepstakes or is used to obtain entries in connection with this Sweepstakes. At a minimum, the hashtag #GallivantGetaway must be included in all social media communications sent pursuant to the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
Entries that do not include any required disclosures or hashtag will not be eligible and will be disqualified. Bulk, automated and/or third party Entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address, Instagram, or Facebook account. Any attempt by any participant to obtain more than the stated number of plays and/or Entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any fraudulent methods or attempt to circumvent the rules will void that participant’s plays and/or Entries, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any Entry, the authorized account holder of the email address associated with the pertinent Instagram or Facebook account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, data, and usage charges imposed by your online or phone service may apply.
Images of Sponsor’s logos, trademarks, etc. (“Sponsor’s Marks”) are not required in the Entry. LIMITED LICENSE: Entrants may use Sponsor’s Marks for purposes of this Sweepstakes only. No other rights in or to Sponsor’s Marks are granted hereunder.
Entry must be the original work of the entrant, must not have been previously published, must not have won previous awards, and must not have been submitted in any other promotion
Entry must not infringe third party rights by including, for example, the copyrights, trademarks, logos or products (such as company names, labels or symbols, other than Sponsor’s Marks, to the extent permitted hereunder) or images that have been created, distributed, aired or published by others.
Entry must not violate rights of privacy or publicity or other proprietary rights of any person or entity.
Entry must not include minors.
Entry must only depict persons who are 21 years of age or older and who reasonably appear to be over the age of 21
If an 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, permissions and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, permissions from any person who is mentioned in, appears in or is identifiable in the Entry and permissions from any person who took the photograph of the entrant.
Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void and may render the entrant ineligible to receive a prize. By submitting an Entry, entrant warrants and represents that he/she and any persons who are appearing or identifiable in the Entry consent to the submission and use of the Entry in the Sweepstakes and to its use as otherwise set forth herein.
By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor.
USE OF ENTRIES: By submitting an Entry, entrant hereby grants to Sponsor and its successors, licensees and assigns a nonexclusive, irrevocable license to reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Entry in any manner or media now known or hereafter devised throughout the world in perpetuity for advertising, promotional and other purposes, without further compensation, notification, right of review, approval or consideration. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
Before September 23rd, one winner and three runner up winners will be randomly selected to have the opportunity to celebrate and embrace adventure with prizes from Fernson Brewing Company and Great Outdoor Store. Winners will be notified September 23rd. All winners must be at least 21 years of age on the date of entry and we reserve the right to require proof of age.
WINNER NOTIFICATION: One (1) winner and four (4) runners up will be selected on or about September 23rd, 2019. The selected winners will be contacted by social media at the account submitted with the Entry by a representative of Sponsor by no later than September 23, 2019 with instructions on how to claim the prize. If potential winner does not respond and comply with the instructions in the notification within forty-eight (48) hours after Sponsor sent the message or is not in compliance with these Official Rules, he/she will forfeit the prize and Sponsor will select an alternate potential winner. Potential winner will be required to execute an Affidavit of Eligibility and a Liability and Publicity Release (unless prohibited by law), which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact potential winner within a reasonable time period or noncompliance with these Official Rules by potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize will be awarded to an alternate entrant in accordance with the
One (1) Grand Prize Winner will receive:
3-Day Getaway Package: A long weekend of gear rented from GOS including the car camping or backpacking needs of you and your camping partner
1 Case of Fernson Gallivant
2 Fernson T-Shirts
Feature on Fernson Instagram
Guest may be required to sign and return a liability/publicity release as a condition of accompanying winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All federal, state and local taxes and all costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner and/or guest. Winner may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute prize with one of comparable or greater value. Prize is not redeemable for cash. All prize details are at Sponsor’s sole discretion. If winner cannot accept a prize as stated, prize will be forfeited in its entirety and awarded to an alternate winner. Upon prize forfeiture, no compensation will be given.
Three (3) Runner-Up Winners will receive:
1 $20 Fernson Gift Card
1 $20 Great Outdoor Store Gift Card
RELEASE OF LIABILITY: By participating in the Sweepstakes, each entrant agrees to release, indemnify, discharge and hold harmless Sponsor, Instagram, Facebook, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from and against any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity, the acceptance, possession, use or misuse of any prize and/or Sponsor’s use of the rights granted herein.
PUBLICITY GRANT: Except where prohibited, participation in the Sweepstakes constitutes each entrant’s consent to the use by Sponsor and its designees of his/her name, voice, biographical information, image, likeness, social media account name, profile photograph, hometown and state for advertising, publicity, promotional and other purposes, in any manner, in any and all media now or hereafter known, worldwide in perpetuity, without compensation or additional consents from entrant or any third party and without prior notice, right of review, approval or consideration, and to execute specific consent to such use if asked to do so.
GENERAL CONDITIONS: Released Parties assume no responsibility or liability for (a) any lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, tweets, posts, messages, email or mail; (b) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing or judging of Entries, the announcement of the prize or in any Sweepstakes-related materials; (c) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; or (d) injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of any social media platform. Persons who tamper with or abuse any aspect of the Sweepstakes or social media platform, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void.
Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES
(INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
APPLICABLE LAW. All disputes, claims, and causes of action will be resolved individually, without resort to any form of class action, in an action in a State or Federal court located in Maine. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the promotion, will be governed by, and construed in accordance with, the laws of the State of Maine, without regard for conflicts of law doctrine of any jurisdiction.
REQUEST FOR WINNER’S NAME: For the winner’s name (available after May 1, 2019, send a self-addressed stamped envelope on or before April 1, 2019 to:
Fernson Brewing Co.
1400 E. Robur Dr.
Sioux Falls, SD, 57104
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.
INSTAGRAM® is a registered trademark of Instagram, LLC
"Facebook" is a registered trademark of Facebook, Inc.