TWISTED TEA® #LOCKDOWNTURNUP PROGRAM
NO PURCHASE NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED. MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE.
Twisted Tea® #LOCKDOWNTURNUP PROGRAM (the “Program”) is open to legal residents of the United States who are at least twenty-one (21) years of age at the time of submission. Employees (and their immediate families) of The Twisted Tea Brewing Company (the “Sponsor”), 360i (the “Administrator”) and any of their parents, subsidiaries, affiliates, suppliers, independent contractors, agencies, alcoholic beverage wholesalers and retailers, and any persons living in the same household as such employees are not eligible to participate in the Program (cumulatively, the “Program Entities”). Program is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law. The Program begins on 4/15/2020 at or about 12:01 a.m. Eastern Daylight Time (“EDT”) and ends 5/31/2020 at or about 11:59 p.m. EDT (the “Program Period”). Submissions will be selected on or around 5/31/2020 or until all eligible submissions are received during the Program Period.
HOW TO SUBMIT:
There are two (2) ways to submit:
1) Twitter: During the Program Period, post a video of how you are celebrating the spirit of ‘Lock Down Turn Up’ with Twisted Tea. Your post must include the hashtag #lockdownturnup and tag @TwistedTea to be considered a submission.
2) Instagram: During the Program Period, post a video of how you are celebrating the spirit of ‘Lock Down Turn Up’ with Twisted Tea. Your post must include the hashtag #lockdownturnup and tag @TwistedTea to be considered a submission. Limited one (1) submission per person, regardless of method of submission. Duplicate submissions for a single individual will be disqualified. All submissions become the property of the Sponsor.
Any video that violates any of the below guidelines will not be eligible as a submission.
ALL SUBMITTED VIDEOS SHOULD:
- Not depict the act of drinking
- Not portray, encourage, or condone drunk driving
- Not depict situations where Twisted Tea is being consumed excessively, in an irresponsible way, or in any way illegally.
- Not portray persons in a state of intoxication or in any way suggest that intoxication is acceptable conduct.
- Not portray or imply illegal activity of any kind.
- Not portray sexual passion, promiscuity, or any other amorous activity.
- Not employ any symbol, gesture, or cartoon character that is intended to appeal primarily to persons below the legal purchase age.
- Not employ any entertainment figure or group that is intended to appeal primarily to persons below the legal purchase age.
- Not depict Santa Claus.
- Not associate or portray Twisted Tea drinking before or during activities which require a high degree of alertness or coordination.
- Not contain any lewd or indecent language or images.
- Not employ religion or religious themes.
- Not disparage competing alcoholic beverages.
- Depict retail outlets as well kept and respectable establishments.
- Not show littering or otherwise improper disposal of Twisted Tea containers, unless the scenes are used clearly to promote anti-littering and/or recycling.
- Do not show any trademarks or copyrights other than Twisted Tea trademarks or copyrights.
BY SUBMITTING A VIDEO PARTICIPANT HEREBY AGREES:
That you own all copyright in and to the video submitted and agree to assign all your rights to Twisted Tea Brewing Company, and its subsidiaries, affiliates, and its agents.
That you have obtained authorization from any and all individual(s) featured in your video submission and confirm those individual(s) agree to allow you to submit a video bearing their name, image and likeness in connection with your submission of the video on the Twisted Tea website and understand that such video could be shared on social media platforms outside of Twisted Tea's control.
That you will indemnify, defend and hold Twisted Tea Brewing Company harmless from any and all damages, liabilities, fees and costs incurred in defending against any third party claims or threat of claims asserted against Twisted Tea Brewing Company arising from use of the video.
During the Program Period, Sponsor will donate Fifty Dollars ($50.00) for every submission, subject to official rules, to The National Restaurant Association Educational Foundation (“NRAEF”) for NRAEF’s Restaurant Employee Relief Fund, up to a maximum of Fifty Thousand Dollars ($50,000), (the “Donation”) as further described and subject to the covenants outlined below.
Donations from Sponsor and all amounts earned by investing such donations (collectively, the “Grant”) shall be used by the NRAEF only for the Agreed Purpose. “Agreed Purpose” shall mean to establish and/or fund the Restaurant Employee Relief Fund to support industry workers across the country affected by COVID-19.
The actual beneficiaries of the Grant shall be at the sole discretion of the NRAEF; provided that such beneficiary shall be either an organization described in 501(c)(3) of the Internal Revenue Code (the “Code”) or an organization that is contractually obligated to use any NRAEF grants solely for tax-exempt purposes described in Code Section 501(c)(3) and shall otherwise be selected pursuant to and in accordance with the NRAEF’s governing documents.
GENERAL LIABILITY RELEASE:
Submission of a video constitutes participant’s permission for Sponsor to use participant’s name, image, likeness, voice, picture, audio and video recordings of, biographical information, statements, and any material based thereon or derived there from, together with any actual or fictional material, or to refrain from so doing, and address (city and state), without the ability to review, for advertising, promoting and/or publicity purposes worldwide and in any and all forms of media now known or hereafter developed, in perpetuity, without further compensation, where permitted by law. Participants agree that the Program Entities: (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Program or any Program-related activity, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any donation, including, without limitation, to such donation’s particular purpose. Program Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, or lost donation notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the submission process or the operation of the Program, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Program, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Program, in whole or in part, if it determines, in its sole discretion, that the Program or any particular Program submission is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Program or particular submission as contemplated herein. In the event Sponsor is prevented from donating based on eligible submissions or continuing with the Program or a particular Program submission as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failures, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court of jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Program in its entirety or the affected portion of the Program.
DISPUTES, ARBITRATION AND CHOICE OF LAW:
Except where prohibited by law, as a condition of participating in this Program, participant agrees to the following: (1) any and all disputes and causes of action arising out of or connected with this Program, or any donations made as part of this Program, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Boston, MA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Program), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the right and obligation of entrants and Sponsor in connection with this Program, shall be governed by, and construed in accordance with, the substantive laws of the State of Massachusetts, USA, without regard to Massachusetts choice of law provisions.
PERSONALLY IDENTIFYING INFORMATION:
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