Bell’s Brewery – Fish Your Heart Out – Win the actual value of the prize
NO PURCHASE NECESSARY – VOID IN AK, HI AND WHERE PROHIBITED
ALCOHOL IS NOT INCLUDED WITH ANY PRIZE
Sweepstakes Period: The Fish Your Heart Out Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on March 1, 2020 and ends at 11:59 PM ET on May 31, 2020 (“Sweepstakes Period”).
Eligibility: Open only to legal residents of the 48 contiguous United States and D.C. who are 21 years of age or older as of date of entry (“Entrant”). Employees of Bell’s Brewery, Inc. (“Sponsor”), and any of their affiliates, parents, subsidiaries, bottlers, distributors, suppliers, prize providers, and advertising and promotion agencies associated with the Sweepstakes (collectively, “Sweepstakes Entities”) and members of their immediate family members (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each such employees are not eligible. Void in AK, HI and where prohibited or restricted by law. Subject to all applicable federal, state, and local laws, ordinances and regulations. By entering the Sweepstakes, entrants accept and agree to be bound by these Official Rules.
How to Enter: There are two (2) ways to enter the Sweepstakes, as follows:Via Text: You may receive one (1) entry during the Sweepstakes Period by using your cellular phone or a two-way text-messaging capable device (collectively, the “Device”), texting “BELLSFISH” to 31996 and following the prompts provided. By texting “BELLSFISH” to 31996 you have confirmed that you are 21 years of age or older. Message and data rates may apply. Up to three (3) messages received per entry attempt. Text “STOP” to 31996 to stop. Text “HELP” to 31996 for help. Reply “stop” to opt out. Limit one (1) Text entry during the Sweepstakes Period.Via the Website: You may enter once per day during the Sweepstakes Period by visiting FishYourHeartOut.com (“Website”) and following the instructions to complete the registration form provided. Limit one (1) Website entry per person/email address per day throughout the Sweepstakes Period.Entries received in excess of the limitations will be void. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different accounts, Devices, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. All entries must be received by 11:59 p.m. ET on May 31, 2020 to be eligible.Automated Entries are prohibited and use of any automated or computer system to participate is prohibited and will result in disqualification if detected. Normal Internet access and usage charges imposed by your online service may apply. If participating via mobile device, standard phone data rates and usage charges imposed by your phone service provider may apply. All entries shall be the property of the Sponsor and will not be returned. In the event of a dispute over the identity of an online Entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail address associated with the entry. Authorized Account Holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses.NOTE ABOUT ENTERING SWEEPSTAKES VIA TEXT USING A DEVICE: When you use your Device and/or transmit data via your Device, standard data/text messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Check your Device’s capabilities for specific instructions. Text messages will be sent from an automated system. Consent is not required to buy goods and services. Multiple entrants are not permitted to share the same Device. All entries must be complete to be eligible. Any attempt by any Entrant to avoid compliance with the limitations on Entries in these Official Rules by using multiple/different accounts, identities, email addresses, registrations and logins, duplicate entries or any other methods will void such entries and that Entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. By texting the keyword, you will be opting in to receive up to three (3) communications per entry attempt from the Sponsor. Reply “STOP” to opt out.
Random Drawing: The winners will be selected in a random drawing to be held on or about June 10, 2020 from among all eligible entries received. The random drawing will be conducted by the Administrator who is an independent judging organization. The decisions of the Sponsor and the Administrator are final and binding on all matters relating to the Sweepstakes. The odds of winning a prize depend on the total number of eligible entries received in accordance with these Official Rules.
Winner Notification/Verification: The potential winners will be contacted via phone and/or email and Grand Prize winner will be required to complete and return an Affidavit of Eligibility, Release of Liability and a Publicity Release (where legal), within seven (7) days of notification attempt or prize may be forfeited and an alternate winner will be selected. Failure to reach any potential winner within the timeframe stated above or return of any prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Potential winners are subject to verification by Sponsor and/or Sponsor’s designated agent, whose decisions are final and binding in all matters relating to this Sweepstakes.
Prizes and Approximate Retail Values (“ARV”): Grand Prize (1): A Chartered Fishing trip for the winner and one (1) guest to winner’s choice of Two Hearted River, MI; Lake Fontana, NC; or North Platte River, CO. Includes round trip economy air transportation from major airport closest to winner’s home to major airport closest to chosen destination, two (2) nights’ hotel accommodations (based on double occupancy), a Sponsor Specified fishing charter and $700 spending money for ground transportation and miscellaneous incidentals, awarded in the form of a check to winner only. ARV of Grand Prize: $3,000. First Prize (15): A cooler with Sponsor specified merchandise. ARV of First Prize: $130 each. Total ARV of all prizes: $4,950. Alcohol is not included with any prize. Winners are solely responsible for all federal, state and local taxes associated with prize acceptance. The specifics of the First Prizes shall be solely determined by the Sponsor. Prizes are not transferable or assignable. No substitution or transfer of any prize is permitted, except that Sponsor may substitute prize component of equal value for any reason. First Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Grand Prize destination must be selected at least thirty (30) days in advance of desired departure. Airline tickets are for travel from major airport in the 48 contiguous United States nearest winner’s home to the major airport closest to selected destination. DJA Travel, Inc. will coordinate all travel with the Grand Prize winner. Trip must be taken within one (1) year of Grand Prize winner confirmation (and may need to be taken during specified months for the Fishing Trip). Grand Prize winner and his/her guest must possess valid travel documents (i.e., valid government-issued photo ID) in order to travel. Certain restrictions and blackout dates may apply. Seat selection and timing is subject to availability and confirmation of reservations. No refunds or credit for flight changes are allowed. Airline carrier’s regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. In the event the Grand Prize winner lives within a 150-mile radius of the destination, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of prize. By participating in the Sweepstakes, the Grand Prize Winner and guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the prize and that Grand Prize winner and guest will be responsible for obtaining and paying for any form of insurance relating to the prize that winner or guest deem appropriate. All other expenses and costs, not expressly listed above, including, but not limited to, airline baggage fees, taxes, tips, entertainment, transfers, and all ground transportation required are the Grand Prize winner’s sole responsibility. The guest (or Grand Prize winner on behalf of minor guest who is their child/charge) of the Grand Prize winner (if applicable) will be required to execute a Release of Liability prior to departure. In the event the Grand Prize winner or his/her guest engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip at any point, in whole or in part, and send the Grand Prize winner and guest home with no further compensation to the Grand Prize winner.Grand Prize winner will receive an IRS Form 1099 reflecting the actual value of the prize. Sponsor recommends that the Grand Prize winner review these implications with his or her legal/tax advisor to determine potential tax liability, if any, in connection with receiving a prize as part of this Sweepstakes.
General Rules: Incomplete, corrupted, or untimely entries are void and will be disqualified. Sweepstakes Entities are not responsible for lost, late, incomplete, damaged or misdirected entries/winner notification documents; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer/phone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of entry will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion, and in the event of cancellation, the prizes will be awarded in a random drawing from among all eligible entries received in accordance with these Official Rules prior to cancellation. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW; SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds: to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or, to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among all eligible entries received in accordance with these Official Rules prior to cancellation.
Warranties and Representations; Release of Liability: You hereby hold each of the Sweepstakes Entities and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) harmless from and against any third party claim arising from use of any entry and you waive any right to inspect or approve uses of your entry by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use a winners’ name, address, and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrant agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from entry, the acceptance, possession, use or misuse of prize or component thereof, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them.
Disputes: ENTRANTS/WINNERS AGREE THAT: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE SWEEPSTAKES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MICHIGAN, U.S.A., WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER LAWS. Entrants/winners are solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by federal, state and local authorities. As a condition of participating in the Sweepstakes, each Entrant/winner agrees that in any and all disputes that cannot be resolved between the parties and in any causes of action arising out of or connected with the Sweepstakes, the exclusive procedure for resolving the dispute shall be arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules before one arbitrator in Galesburg, MI. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. The arbitrator shall be selected from the AAA’s large, complex case panel. Absent good cause or the parties’ agreement, the award shall be rendered within six months of the arbitrator’s selection. The arbitrator shall award reasonable attorneys’ fees and costs to the prevailing party. Except as may be required by law, neither party nor the arbitrator may disclose the existence, contents, or results of anything related to the arbitration, including but not limited to pleadings, motions, briefs, discovery, depositions, hearings, or award without all the parties’ prior written consent. The only exception to the exclusive procedure of arbitration is that either party may bring in court an action for injunctive relief pending arbitration. Each party consents to personal jurisdiction and venue in the state or federal courts in Galesburg, MI, which shall be the exclusive venue for any court action between the parties.FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANT/WINNER BE PERMITTED TO OBTAIN AWARDS FOR AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE; INCIDENTAL; OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES, AND ENTRANT/WINNER FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
Winners List: To receive a Winners List by email, send an email to: firstname.lastname@example.org with Fish Your Heart Out Sweepstakes Winners (01-2460-01) as the subject line. Requests must be received by July 1, 2020. Winners List will be sent after all prizes have been awarded.
Sponsor/Administrator: The Sponsor of the Sweepstakes is Bell’s Brewery, Inc., 8690 Krum Avenue, Galesburg, MI 49053. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.