SHINER AUSTIN CITY LIMITS SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. THIS SWEEPSTAKES IS OPEN ONLY TO PERSONS WHO ARE AT TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO ARE LEGAL RESIDENTS OF THE UNITED STATE OF AMERICA, EXCLUDING ALASKA AND HAWAII. VOID WHERE PROHIBITED BY LAW.
SPONSOR: The Sponsor of the Shiner Austin City Limits Sweepstakes (“Sweepstakes”) is, Spoetzl Brewery, Inc., 603 E. Brewery Street, Shiner, Texas 77984 (“Sponsor”). Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.
AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, entrants fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes. Whether an entrant receives or is awarded any prize is contingent upon entrant fulfilling all requirements and conditions set forth in these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. By participating in this Sweepstakes, entrants forfeit in perpetuity all rights to challenge awarding of prizes and all other mechanics of the Sweepstakes.
ENTRY PERIOD: The Sweepstakes begins on January 25, 2017, at 12:00 a.m. Central Standard Time (“CST”) and ends on April 30, 2017, at 11:59 p.m. CST. Sponsor’s computer is the official time keeping device for this Sweepstakes. Winner will be announced no later than May 10, 2017.
METHOD OF ENTRY: To enter go to www.shiner.com. Limit of one entry per day per person or e-mail address. Entries must be received by 11:59 p.m. CST on April 30, 2016. You may also enter by sending a postcard with your name, home address, date of birth, phone number and e-mail address Shiner ACL Sweepstakes, 14800 San Pedro Avenue, Third Floor, San Antonio, TX 78232. All postcard entries must be postmarked no later than April 30, 2016.
ELIGIBILITY: The Sweepstakes is open only to persons who are legal residents of the United States of America, excluding Alaska and Hawaii and who are twenty-one (21) years of age or older at the time of entry. Sweepstakes may only be entered from and in eligible jurisdictions only. Sponsor, and each of its respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, and employees, alcohol beverage manufacturers, wholesalers, and retailers, Capital of Texas Public Telecommunications Council, Inc. and any entity or its agents and employees involved in the development, production, implementation, administration, judging or fulfillment of the Sweepstakes or including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the "authorized account holder," in whose name the e-mail account is registered, if that person meets all eligibility criteria set forth in this Eligibility section of these Official Rules. "Authorized Holder" shall mean the natural person assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any attempt to defraud or misrepresent the age, name or address by an entrant may be prosecuted to the fullest extent permitted by law. With respect to any winning entry, the winner may be required to provide Sponsor with proof that the person is the registered account holder of the e-mail address associated with the winning entry.
PRIZES & ODDS OF WINNING:
The following prizes (“Prizes”) will awarded to the respective winners (“Winners”).
GRAND PRIZE: One (1) grand prize winner (“Grand Prize Winner”) will receive a trip for him/herself and one (1) guest (“Guest”) to Austin, Texas to attend an Austin City Limits Live Taping at the Moody Theater during June-August 2017 taping period. Sponsor will coordinate date of travel with Grand Prize Winner, but Sponsor reserves the right determine travel dates, in its sole discretion. Trip Package includes (i) round-trip domestic coach airfare for Grand Prize Winner and Guest from the airport nearest the Grand Prize Winner’s residence to Austin Bergstrom Airport, Texas; (ii) hotel accommodations for two (2) nights and three (3) days (standard room, double occupancy) for Grand Prize Winner and Guest; (iii) ground transportation to/from Austin Bergstrom Airport and hotel for the Grand Prize Winner and Guest; (iv) two (2) tickets to the Austin City Limits Live Taping for Grand Prize Winner and Guest. Total Approximate Retail Value of Grand Prize: $2,000.00.
FIRST PRIZE: Five (5) first prize winners (“First Prize Winners”) will each receive a Shiner branded Epiphone Olympic HP Custom Guitar. Approximate Retail Value of each First Prize: $1,000.00.
SECOND PRIZE: Ten (10) second prize winners (“Second Prize Winners”) will each receive a custom Shiner Bluetooth Speaker Amp. Approximate Retail Value of each Second Prize: $175.00.
Total Approximate Retail Value of all prizes to be awarded: $8,750.00.
Odds of winning depend on the number of eligible entries received. There shall be no substitution or transfer of Prizes permitted by Winners, but Sponsor reserves the right to substitute a prize of equal or greater value. Prizes do not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, taxes and shipping costs, if any, are the sole responsibility of the respective Winners. Prizes may not be transferred or assigned. No substitution of Prizes or cash equivalent or redemption will be made, except that the Sponsor reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prizes cannot be used in conjunction with any other promotion or offer. Winners agree to accept the Prizes “as-is” and entrants hereby acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prizes.
SELECTION OF WINNERS: Within ten (10) days following the conclusion of Entry Period, Sponsor will select potential winners from among all eligible entries received in a random drawing. Potential winners will be notified by e-mail and must meet all eligibility requirements. Return of a prize notification as undeliverable, or inability of the Sponsor to contact a potential winner by e-mail within twenty-four (24) hours of selection, may result in disqualification of such potential winner, and an alternate winner may be randomly selected from among all remaining eligible entries. Winners will be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within ten (10) days of issuance of prize notification along with Internal Revenue Service Form W-9 (Request for Tax Payer Identification Number and Certification). Winners are responsible for the payment of all taxes associated with the Prizes. If the foregoing documents are not returned properly executed, or are returned to Sponsor as undeliverable, or if Winners does not otherwise comply with the Officials Rules, the Prizes will be forfeited and awarded to an alternate winner. In the event Winners declines Prizes or does not meet the eligibility requirements in these Official Rules, the Sponsor may, at its discretion, randomly select an alternate winner.
PUBLICITY: By participating in the Sweepstakes, entrant grants the Sponsor permission to use an entrant’s character, photograph, voice, biographical information, and likeness in connection with Sponsor’s advertisements, promotional materials, publications, Web sites, and/or any other media, now or hereafter known, in perpetuity without further consideration or review by entrant, except where prohibited by law or regulation. Entrant agrees that this consent and release is given without coercion or duress, is binding upon entrant’s heirs and future legal representatives and is not limited to this Sweepstakes. Entrant’s entry or other information electronically or physically mailed to Sponsor will not be returned to the entrant and will become the property of Sponsor.
PRIVACY: Entry into this Sweepstakes may require entrant to enter his or her email address, and certain other personal information. Entrants are informed that the personal data collection in connection with this Sweepstakes will be collected by the Sponsor’s servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws. Entrant may withdraw his or her personal data upon request, however, entrant will be disqualified as an entrant in this Sweepstakes if entrant withdraws his or her personal data prior to the determination of the winner(s) and fulfillment of the prize(s). Entrants agree that the Sponsor may disclose to third parties all personal information and obtained from entrants and use such information for marketing and other purposes. By entering the Sweepstakes, entrants agree to receive email newsletters, updates, and/or other promotional communications periodically from Sponsor. Entrants can opt-out of receiving communications at any time by clicking the unsubscribe link in the email newsletter.
RELEASE: BY PARTICIPATING, ENTRANTS (A) RELEASE SPONSOR, SPOETZL BREWERY, AND THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ADVERTISING/PROMOTION AGENCIES AND PRIZE SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, RIGHT OF PUBLICITY, PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, AND/OR THE UNAUTHORIZED OR ILLEGAL ACCESS TO PERSONALLY IDENTIFIABLE OR SENSITIVE INFORMATION, ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR RECEIPT, POSSESSION, USE, MISUSE, OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED; AND (B) ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE INCLUDING, WITHOUT LIMITATION, THE PRIZE QUALITY, SAFETY OR AVAILABILITY.
LIMITATION OF LIABILITY: NEITHER THE SPONSOR NOR ANY SERVICE PROVIDERS OR RELEASED PARTIES ARE RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR FOR ANY HUMAN OR OTHER ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA OR VOICE TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, LINE FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS ANY ONLINE SERVICE OR WEBSITE OR TO COMPLETE A TELEPHONE CALL OR FACSIMILE TRANSACTION, OR ANY OTHER ERROR OR MALFUNCTION, OR LATE, LOST OR MISDIRECTED MAIL, OR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED THIRD PARTY USE OF ANY ENTRY. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR IS NOT RESPONSIBLE FOR ANY INJURIES THAT MAY OCCUR ARISING FROM THE USE OF THE PRIZE, INCLUDING BUT NOT LIMITED TO DEATH.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, amend and/or modify the Sweepstakes, or any part of it. The Sweepstakes is void where prohibited by law and is governed by the laws of the United States of America. Any automated receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by the Sponsor of an entry for purposes of these Official Rules. Any individual who attempts or otherwise encourages, directly or indirectly, entries using false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, false entries, as determined by the Sponsor, will be disqualified. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which Sponsor believes, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as the Sponsor determines in their sole discretion. Entries not complying with all rules are subject to disqualification.
DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes for prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the appropriate court in the State of Texas, County of Bexar, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees, and (c) entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than State of Texas.
OFFICIAL RULES: For a copy of the Official Rules, mail a self-addressed stamped envelope by first-class mail to Shiner ACL Sweepstakes, The Gambrinus Company, 14800 San Pedro Avenue, Third Floor, San Antonio, TX 78232.
WINNER’S LIST: Winner's name will be posted on www.shiner.com for a period of thirty (30) days following the selection of the Winner.
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Sponsor, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Sponsor or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
The Sweepstakes and all accompanying materials are © 2017 Spoetzl Brewery, Shiner TX 77984.