Anheuser-Busch – Cerveza Patagonia Earth Day – Win three (3) consecutive nights “glamping” accommodations at the Under Canvas resort located in the “Great Smoky Mountains” in Gatlinburg
CERVEZA PATAGONIA® EARTH DAY SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE
TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR
CHANCES OF WINNING. THE SWEEPSTAKES IS INTENDED FOR VIEWING IN
ALABAMA, FLORIDA, GEORGIA, MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA
AND TENNESSEE ONLY AND WILL BE GOVERNED BY UNITED STATES LAW. VOID
1. ELIGIBILITY: The “Cerveza Patagonia Earth Day Sweepstakes” (“Sweepstakes”) is
open to legal residents of Alabama, Florida, Georgia, Mississippi, North Carolina, South
Carolina and Tennessee who are at least twenty-one (21) years of age or older at the time of
entry. Employees, contractors, directors, officers and agents of Anheuser-Busch, LLC, its
affiliates and subsidiaries; advertising and promotion agencies, wholesale distributors, retail
licensees, and all other service agencies involved with the Sweepstakes, and members of their
immediate family (spouse, parent, child, sibling), are not eligible to enter or win. The
Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void
where prohibited. Participation constitutes entrant’s full and unconditional agreement to these
Official Rules and Sponsor’s and Administrator’s decisions which are final and binding in all
matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all
requirements as set forth herein.
2. SPONSOR: Anheuser-Busch, LLC, One Busch Place, St. Louis, MO 63118.
3. ADMINISTRATOR: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
4. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. Eastern Standard
Time on March 4, 2020 and ends at 11:59:59 p.m. Eastern Daylight Time on April 24, 2020
5. HOW TO ENTER: Two (2) Ways to Enter: (a) Internet: Visit
https://patagonia.promo.eprize.com/planet/ (“Website”) during the Sweepstakes Period and
follow the online instructions to complete and submit an online entry. (b) Text Message: Use
your SMS-enabled mobile phone to text “EARTH” to shortcode 404040 and you will receive
information on how to submit an entry. All entries must be received and recorded during the
Sweepstakes Period. Administrator’s computer is the official time-keeping device for this
Sweepstakes. No other forms of entry are valid. Limit one (1) entry per person.
Automated entries are prohibited and any use of automated devices will cause
disqualification. Entrants may not enter with multiple email addresses, nor use any other device
or artifice, to enter multiple times or as multiple entrants. Any entrant who attempts to enter with
multiple email addresses under multiple identities, or uses any device or artifice to register
multiple times, will be disqualified and forfeits all prizes won, in Sponsor’s sole discretion.
Multiple entrants are not permitted to share the same email address. Should multiple users of
the same email account enter the Sweepstakes and a dispute thereafter arise regarding the
identity of the entrant, the authorized account holder of said email account at the time of entry
will be considered an entrant, and must comply with these Official Rules. The authorized
account subscriber is the natural person who is assigned the email address by the ISP or other
organization responsible for assigning email addresses. Potential winners may be required to
show proof of being the authorized account subscriber.
Participants must have a mobile phone with text messaging capabilities to enter by text
message. If you wish to opt out, text STOP to 404040. Text HELP to 404040 if you would like
more information. If you enter via text messaging, you will receive up to six (6) text
messages in response to your entry from an automated system. Consent is not required to buy
goods and services. Send questions to firstname.lastname@example.org. Participants
entering this Sweepstakes via text message may incur a standard text message charge from
their wireless service provider for each message sent and received. Check with your wireless
service provider for details on these and other applicable charges. You may receive reply
messages, and by entering, you expressly consent to receiving such messages. Participants
are solely responsible for any such wireless charges. Not all wireless carriers participate.
https://www.cervezapatagonia.com/content/patagonia/en/privacy-policy.html for details
regarding the use of personal information collected in connection with this Sweepstakes. To
view the Mobile Terms and Conditions, visit https://www.helloworld.com/terms. If you are
verified as the prize winner, your first name, last initial, city and state will be included in a
publicly-available winner’s list.
6. SWEEPSTAKES DRAWING: Potential winner will be selected in a random drawing to be
held on or about April 27, 2020 from among all eligible entries received by Administrator, whose
decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the
number of eligible entries received.
7. WINNER NOTIFICATION: The prize will be awarded (time permitting). The potential
winner will be notified by email, phone or text and will be required to respond to the notification
within twenty-four (24) hours indicating whether he/she can accept his/her prize. If no response
is received within the time allotted, an alternate potential winner will be randomly selected (time
permitting). Any alternate potential winner selected will also be required to respond to the
notification within twenty-four (24) hours. Sponsor is not responsible for suspended or
discontinued Internet, wireless, or land-line phone service which may result in a potential winner
not receiving initial prize notification. Potential winner will be required to complete, sign, and
return an affidavit of eligibility and liability and publicity release via email, fax or overnight mail
within forty-eight (48) hours of prize acceptance. Subject to verification of eligibility and
compliance with the terms of these Official Rules, including verification that winner is at least
twenty-one (21) years of age or older, the potential winner will be declared the official winner of
the Sweepstakes. If Sponsor cannot verify that potential winner is twenty-one (21) years of age
or older prior to winner notification, then the potential winner will be disqualified and the
applicable prize will be awarded to an alternate potential winner (time permitting). Winner’s
guest must be twenty-one (21) years of age or older as of the end of the Sweepstakes Period
and may be required to complete, sign and return a liability and publicity release within forty-
eight (48) hours of winner’s prize acceptance. In the event of noncompliance within any of
these time periods, prize will be forfeited and an alternate potential winner selected (time
permitting). Any alternate potential winner selected will also be required to adhere to the time
periods described herein. Any prize notification or prize returned to the Sponsor or its agencies
as undeliverable will result in disqualification and the awarding of that prize to an alternate
potential winner (time permitting).
8. PRIZE: Grand Prize (1 total): Winner and his/her one (1) guest will receive three (3)
consecutive nights “glamping” accommodations at the Under Canvas resort located in the
“Great Smoky Mountains” in Gatlinburg, Tennessee; and, the opportunity to participate in two
(2) of the following adventures (subject to availability):
National Park Hiking & Driving Tours
Prize must be redeemed during the 2020 season or prize will be forfeited.
Transportation, accommodations, meals, gratuities and all other expenses not specified herein
are solely winner’s responsibility. If winner cannot accept prize as specified, applicable prize will
be forfeited and may be awarded to an alternate winner (time permitting). Approximate Retail
Value is $2,800.00. Any difference between stated value and actual value will not be awarded.
Prizes are non-transferable and no cash equivalent or substitution of prize is offered,
except at the sole discretion of Sponsor. If a prize, or any portion thereof, cannot be awarded
for any reason, Sponsor reserves the right to substitute prize with another prize of equal or
greater value. Prize winners will be solely responsible for all federal, state and/or local taxes,
and for any other fees or costs associated with the prizes they receive, regardless of whether it,
in whole or in part, is used.
If Sponsor so elects, potential winner and his/her one (1) guest may be required to
submit to a confidential background check. Such background check may include (but is not
limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any
other factor deemed relevant by the Sponsor to help ensure that potential winner and his/her
one (1) guest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or
reflect unfavorably on the Sponsor. If requested, potential winner and his/her one (1) guest
agree to sign waiver forms authorizing the release of personal and background information. In
the event of noncompliance, to be determined at the sole discretion of Sponsor, prize will be
forfeited and will be awarded to an alternate winner (time permitting).
9. PUBLICITY: Acceptance of prize offered constitutes permission for Sponsor to use
winner’s name, voice, biographical information and/or likeness for purposes of advertising and
promotion without further compensation in all media now known or hereafter discovered
worldwide and on the Internet without notice or review or approval as permitted by law.
10. RELEASE: By accepting a prize, winner agrees to release and hold Anheuser-Busch,
LLC, and Administrator harmless from all losses, damages, rights, claims and actions of any
kind resulting from acceptance, possession or use of any prize, including without limitation,
personal injuries, death and property damage.
11. GENERAL CONDITIONS: Anheuser-Busch, LLC, Administrator, and their respective
affiliates, subsidiaries, and agencies are not responsible for lost, late, misdirected, unintelligible,
returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or
unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other
connections availability, accessibility or traffic congestion, miscommunications, failed computer,
network, telephone, satellite or cable hardware or software or lines, or technical failure, or
jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software
malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical,
electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes or
Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or
harass any person, or violate Website’s terms of service, as solely determined by the Sponsor
or Administrator, will be disqualified. Neither Sponsor, Administrator, nor their respective
agencies are responsible for any incorrect or inaccurate information whether caused by Website
users, tampering, hacking, or by any of the programming or equipment associated with or used
in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion,
interruption or delay in operation or transmission or communication line failure, theft or
destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed
or like entry methods will void all such entries, and may subject that entrant to disqualification.
Neither Sponsor, Administrator, nor their respective agencies are responsible for injury or
damage to participant’s or any other person’s computer or property related to or resulting from
participating in this Sweepstakes. Should any portion of Sweepstakes be, in the Sponsor’s or
Administrator’s sole opinion, compromised by virus, worms, bugs, unauthorized human
intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair
administration, security, fairness or proper play of this Sweepstakes, or submission of entries,
Sponsor and Administrator reserve the right at their sole discretion to suspend, modify or
terminate the Sweepstakes, and randomly select the winner from valid entries received prior to
action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Text message
entries will be deemed to have been submitted by the registered owner of the wireless number
used to enter. In the event of a dispute regarding the identity of an online entrant, the
authorized subscriber of the email account used to enter will be deemed to be the entrant, and
must comply with these rules. The authorized account subscriber is the natural person who is
assigned the email address by the ISP or other organization responsible for assigning email
addresses. All materials submitted become the property of Anheuser-Busch, LLC and will not
be returned. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
12. DISPUTE RESOLUTION: You agree that any claim or dispute at law or equity that has
arisen or may arise relating in any way to or arising out of the Sweepstakes or the Official Rules
will be resolved in accordance with the provisions set forth in this Dispute Resolution section.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE
A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER
You agree that whenever you have a disagreement with Administrator or Sponsor
arising out of, connected to, or in any way related to the Sweepstakes or the Official Rules, you
will send a written notice to the Administrator (“Demand”). You agree that the requirements of
this Dispute Resolution section will apply even to disagreements that may have arisen before
you accepted these Official Rules. You must send the Demand to the following address (the
“Notice Address”): Legal Department, Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI
48075. You agree that you will not take any legal action, including filing a lawsuit or demanding
arbitration, until 10 business days after you send a Demand. If the disagreement stated in the
Demand is not resolved to your satisfaction within 10 business days after it is received, and you
intend on taking legal action, you agree that you will file a demand for arbitration with the
American Arbitration Association (the “Arbitrator”). THIS ARBITRATION PROVISION LIMITS
THE ABILITY OF YOU, ADMINISTRATOR, AND SPONSOR TO LITIGATE CLAIMS IN COURT
AND YOU, ADMINISTRATOR, AND SPONSOR EACH AGREE TO WAIVE YOUR
RESPECTIVE RIGHTS TO A JURY TRIAL OR A STATE OR FEDERAL JUDGE. YOU AGREE
THAT YOU WILL NOT FILE ANY LAWSUIT AGAINST ADMINISTRATOR OR SPONSOR IN
ANY STATE OR FEDERAL COURT. For any such filing of a demand for arbitration, you must
effect proper service under the rules of the Arbitrator and notice to the Notice Address may not
be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the
arbitration, you may file your case with any national arbitration company. The Arbitrator shall
apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended)
and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that
the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with
Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration
agreements and governs the interpretation and enforcement of the agreement to arbitrate.
YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION OR COLLECTIVE
ACTION AGAINST ADMINISTRATOR OR SPONSOR, AND THAT YOU WILL NOT
PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION AGAINST THEM. YOU
AGREE THAT YOU WILL NOT JOIN YOUR CLAIMS TO THOSE OF ANY OTHER PERSON.
Notwithstanding any other provision in the Official Rules, if this class action waiver is
invalidated, then the agreement to arbitrate is null and void, as though it were never entered
into, and any arbitration dispute at that time will be dismissed without prejudice and may be
refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or
collective procedures in arbitration or the joinder of claims in arbitration. Administrator and
Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the Entrant, Administrator,
and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or
may arise between you, Administrator and Sponsor, shall be governed by, and construed in
accordance with, the laws of the State of Missouri without giving effect to any choice of law or
conflict of law rules. The place of arbitration shall be St. Louis, Missouri.
13. WINNER’S LIST: For a winner’s list, visit http://bit.ly/2UQ4RYz. The winner’s list will be
posted for sixty (60) days after winner confirmation is complete.
© 2020 Patagonia® Cerveza, Patagonia® Cerveza Pilsner, Fairfield, CA. Brewed in USA
© 2020 Merkle Inc. All Rights Reserved.