Czechvar Lager ‘Czech You Out’ Photo Contest
Contest Name: Czechvar Lager ‘Czech You Out’ Photo Contest (the “Contest”).
Contest Dates: Contest registration begins at 12:00:01 am Eastern Time (“ET”) on 2/1/2022 and ends at 11:59:59 pm ET on 5/31/2022 (the “Registration Period”). The Contest is subject to all applicable federal, state and local laws and regulations. Void outside the fifty (50) U.S. and D.C., and wherever prohibited or restricted by law.
Who may Enter: Contest is open only to legal U.S. residents, who are age 21 or older as of date of entry, and have a valid U.S. driver’s license or government issued photo ID, except the following persons who are not eligible to enter, participate or win:
(a) Employees, officers, and directors of Czechvar Lager (“Sponsor”), Million Dollar Media (the “Contest Administrator”), United States Beverage, and each of the foregoing’s respective franchisees, owners, employees, contractors, parents, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, any and all other companies associated with the design or execution of this promotion, or any employees, officers, directors, members, shareholders or agents of any alcohol-beverage retailers, distributors, wholesalers or manufacturers (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grandchildren (including step grandchildren) and each of their respective spouses, regardless of where they reside.
How to Enter – Four (4) Ways: There are four (4) ways to enter the Photo Contest: (1) via Instagram, (2) via Twitter, (3) via Text, or (4) via online entry. These four (4) entry methods are outlined in detail below. There is a maximum of one (1) entry per person per day, regardless of method of entry, and each entry requires a unique photo that has not been previously entered into the Contest.
Note: each entry must contain an original photograph (“Photo”) created by the entrant (and not previously submitted by any other entrant) that shows the entrant with Czechvar Lager – including any image of Czechvar Lager product, packaging, logo, advertising, merchandise or photographic image (no purchase necessary – Czechvar Lager product purchase is not required, and will not increase your chances of winning).
All entries must be submitted by 11:59:59p ET on 5/31/2022 to be eligible. Maximum of one entry per person per day regardless of entry method, and each entry requires a unique photo submission not previously submitted in the Contest. Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s name, email address, Instagram or Twitter account or photo, or providing any false email addresses or information, will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different emails, identities, or any other methods void that participant's entries and that participant may be disqualified. No mechanically produced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible.
All Entries in the Contest become the sole property of Sponsor and will not be returned. Each Entrant agrees that their submitted Entry may be viewed by the public. Sponsor reserves the right to disqualify and remove any Entry at any time that is not in compliance with these Official Rules. All Entries and Photo Submissions must conform to the submission requirements as outlined above and below, or it may be disqualified and not considered for the Contest.
Any other individuals included in the Photo submission, must be 21 or older and must provide Entrant with express consent and permission for their images to be included and submitted in the Contest, and such Entrant is solely responsible for obtaining all authorizations or approvals. The individual who submitted the Photo shall be designated as the official Entrant participating in the Contest, regardless of any other individuals included in the Photo, and shall be the only individual eligible for any resulting prize award (see below). Any Entry completed and submitted on behalf of another individual or using another person’s name, email address, Instagram or Twitter account, or use of any unauthorized photo submissions or entries will be disqualified.
All entries must include all required information. Any entry with incorrect, incomplete or illegible information, an invalid email address or other inaccurate information will be disqualified. Released Parties are not responsible for lost, late, misdirected, incorrect, illegible, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone provider, network computer online systems, computer equipment, servers, or software, including any injury or damage to contestant’s or any other person’s computer relating to or resulting from participation in this Contest; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer, phone line or cellular transmissions and/or network connections; all of which will be disqualified.
In the event of a dispute as to any entry, registration or submission, the authorized account holder of the email address used to register, or the Instagram or Twitter account used to register, and associated with the entry will be deemed to be the registrant and s/he must be eligible according to these Official Rules. The “authorized email 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. The “authorized account holder” is the Instagram or Twitter account holder of the account name used to submit the entry. Proof of being the authorized account holder may be required.
By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone, Instagram or Twitter message or any other form of media to make contestant aware of information pertinent to the Contest, and to distribute information regarding the Sponsor(s) featured products, special events or promotional offers. Contestants may opt-out of any further email communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions. Any available opt-in opportunities are not required to enter the Contest, and checking the opt-in boxes will not improve your chances of winning.
General Photo Submission Requirements:
(a) Each entry and/or photo must be submitted in a format as accepted by Instagram or Twitter;
(b) Must be the Entrant’s own original creation, and not previously submitted in the Contest;
(c) Any entry that is not properly submitted or received for any reason, including any technical difficulties, upload failures; failures to save or properly store the entry and/or photo; busy signals, efforts of hackers; or any lost or disconnected internet connections, will be disqualified.
Additional Photo Submission Requirements: Sponsor reserves the right in its sole discretion, to disqualify any Entry and/or photo submission for any reason that it considers to not be appropriate for the Contest. Entry and/or photo restrictions include, but are not limited to, the following requirements:
· may not depict an image of any individual under the age of 21, or that appears to be under the age of 21;
· not be, or ever have been, submitted in any competition or Contest of any kind;
· not use any name, likeness, photograph, or any other identifying element, in whole or in part, of any person, living or dead, without permission;
· not be subject to any third party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or rights therein or portions, or modified versions or derivative works thereof;
· except as relates to the sponsoring brands or approved partners, not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, works of art, or images published on any media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights);
· not feature, refer to, or mention any companies or brands in competition with Sponsor;
· not include any unauthorized photos or plagiarism of any kind;
· not contain nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content or images (which shall be determined by Sponsor, in its sole and absolute discretion);
· not contain any political or politically themed or motivated messages, statements, or images;
· not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Contest, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;
· not depict or include images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;
· not depict over consumption or irresponsible consumption of Czechvar Lager.
Representation and Release of Rights to Contest Entry and/or Submission: By submitting any entry, each entrant represents that s/he has sole and exclusive ownership and proprietary rights of all content submitted; has full permission of all parties within any photo or video to publish and release their images and actions shown within the photo; and agrees that each entry and/or submission becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote or utilize the submission, content and/or photo or video in any manner of its choosing in relation to the promotion or advertising of the Contest or Sponsor. Entry into the Contest and upload of any entry, comment and/or photo or video constitutes permission for the Sponsor and its designees to use that entrant’s entry, comment, photo, video, name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. Submissions will not be acknowledged or returned by Sponsor.
Sponsor reserves the right to request proof from any entrant, at any time, in a form acceptable to Sponsor, of any permission required or possibly required to use such entrant’s entry in the Contest. Failure to provide such proof, if requested, may disqualify such entry from the Contest.
Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process or the Contest website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Contest judges appointed by Sponsor in their sole and absolute discretion. Any questions regarding the number of entries submitted or the authorized account holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Contest Winner Determination – Judging of Submissions: On or about 6/4/2022, a panel of judges as solely determined and appointed by Sponsor/Administrator shall review, select and designate a maximum of four (4) potential winning entries from among all eligible entry submissions received from all entry methods combined as set forth below (see judging criteria below).
· Note: If eligible entries are less than the scheduled number of prizes available, then the difference between the entries and scheduled number of prizes available shall not be awarded. There is a maximum of one (1) prize award per person or household during the entire Contest Period. Once awarded a prize, no individual or member of their household shall be eligible to be awarded any subsequent prize award.
Each eligible entrant whose entry is selected by judges shall be designated as the potential prize winner (see prize descriptions below), subject to verification of eligibility, and compliance with these Official Rules. Only the entrants whose entries are selected by judges shall be eligible to claim the prize award. All other entries and submissions received will be disqualified.
Judging Criteria: Submissions shall be judged by a Sponsor/Administrator-appointed panel of judges pursuant to the following guidelines, requirements and criteria in the determination of the winning entrant:
· Photo submission that is deemed to best depict a ‘Czech You Out’ image of entrant with Czechvar Lager including any product, logo, display, packaging, merchandise, advertisement or other itemrelated to Czechvar Lager (25% of score);
· Photo submission that demonstrates creativity, fun, originality, uniqueness, humor and/or other inspiration (25% of score);
· Photo that best represents the Sponsor’s brand image and Sponsor’s product in a positive manner (25% of score);
· Overall quality of the submitted photo (25% of score);
Winner Notification: All potential prize winners will be notified initially by phone and/or email notification, or via post or direct message to their Instagram or Twitter account following their selection and determination as a potential winner. Potential winners must follow the provided instructions to verify eligibility and claim the prize. If the Administrator is unsuccessful in its attempt to reach a selected potential prize winner or winner fails to respond as instructed within forty-eight (48) hours of the initial notification attempt, then that entrant may be disqualified and an alternate potential prize winner may be randomly selected from among the remaining eligible entries received and notified as per the procedures outlined above (time permitting).
During prize winner notification, each selected potential prize winner must confirm their eligibility, and indicate their willingness to accept the prize award (see below). If a selected potential winner does not meet the eligibility requirements, is unable or unwilling to accept the prize, elects to decline the prize or fails to return the required prize acceptance documents within the required deadline, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above (time permitting). Any disqualified entrant will not receive any alternate prize substitution or compensation. Decisions of the Sponsor and Administrator in the selection and determination of all prize winners and all matters relating to this Contest are final and binding.
All of the following will apply to each winner: 1) Winner will be required to complete and return, within 3-days of date of receipt, a prize acceptance form, including an affidavit of eligibility and a liability/publicity release (publicity release where permitted), and a W-9 form; 2) Winner may be required to present a copy of a valid social security card and a valid driver’s license or government issued photo ID as a condition of receiving any prize; and 3) Winner is responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded, and winner shall be issued a 1099 form reflecting the value of the prize award.
Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.
Prize Award (maximum four (4) winners): Each eligible entrant designated as a prize winner shall be awarded:
· one (1) $1,000 gift card, from the Sponsor designated gift card provider. Gift card subject to the terms and conditions of the issuing gift card provider policy.
Approximate retail value (“ARV”) of each prize award: $1,000. Total ARV of all available prize awards combined: $4,000.
General Prize Conditions: No alcoholic beverage is part of any prize award. Prize award shall be shipped to winner via the Sponsor designated shipping carrier. Allow eight (8) to twelve (12) weeks for prize delivery. Once shipped, the prize shall be considered delivered and Sponsor shall have no responsibility for any shipment that is delayed, damaged, lost, misdelivered or stolen, or for any incorrect shipping address provided by winner. In the event of any delivery issues, prize award shall not be replaced or substituted with any alternate prize award or compensation. Winner shall look solely to shipping carrier for any lost, damaged, misdelivered, stolen or delayed shipment.
All other costs and expenses related to prize acceptance, delivery, redemption or use not specified herein as being provided are the sole responsibility of winner. All income, federal, state and local taxes are the winner’s sole responsibility. All prizes are awarded as is, without any warranty, express or implied, by Sponsor. All prize awards are non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize with one (1) of comparable or greater value, at its sole discretion. Failure to collect or properly claim prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, entrant will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded.
Additional Rules & Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Contest. In the event an entrant wins a prize, and is later found to be in violation of these Official Rules, he/she will be required to forfeit the prize or to reimburse Sponsor for the stated ARV of the prize if such violation is discovered after winner has used the prize. Participation in the Contest constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.
By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including, but not limited to, death), damages, losses or expenses arising out of or relating to entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including, but not limited to, travel or activity related thereto), and to assume all liability therefor.
Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any Force Majeure Event. The term “Force Majeure Event” as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other labor or industrial disturbances; acts of public enemies; war; cyber-attack; orders or restraints of any kind from any governmental, civil or military authority or from any of its departments, agencies or officials (except when such governmental action results from a party’s failure or refusal to comply with any applicable law, rule, or regulation); insurrections; riots; power failure or surges; landslides; earthquakes; fires; storms; lightning; droughts; floods; explosions; pest damage; viruses; plagues; diseases; epidemics; pandemics; acts or omissions of communications or other carriers; and any other cause or event not reasonably within the control of the Released Parties.
Entrants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of an entrant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control (including, without limitation, a Force Majeure Event), or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Contest. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the cancellation of the Contest, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Contest website.
Sponsor reserves the right to cancel, modify, reschedule or terminate the Contest for any reason including, but not limited to acts of God, pandemics, force majeure, government regulatory action or ruling, fraud, misconduct, or if any technical failures, or human or programming errors, destroy or threaten the integrity of the Contest, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Contest, Sponsor reserves the right to determine prize winners from among all eligible, non-suspect entries received as of the time/date of such termination.
In addition, by submitting any entry, each entrant transfers any and all of his/her right, title and interest in and to such entry, including but not limited to any and all copyrights, trademark rights, "moral rights", and any and all other proprietary rights that may exist throughout the world to Sponsor, and expressly waives any rights s/he may have in such submission and/or entry. Each entrant agrees Sponsor is the exclusive owner of all rights in and to such entry and/or submission, and will have the worldwide, perpetual right to copy, display, reproduce, exhibit, edit, modify, assign, license, register for copyright or trademark, distribute, sell or otherwise use and exploit the entry and associated submission and all elements and/or derivative works thereof, in whole or in part, alone or with other materials, in any media now known or hereafter created or devised, for any reason whatsoever, without compensation to entrant.
IN CASE OF DISPUTES: By participating in the Contest, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New York in the County of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs; and, (3) under no circumstances, shall entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and 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, or the rights and obligations of entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York.
Odds: Odds of being selected as a prize winner are dependent upon the total number of eligible entries received from all entry methods combined, skill of each entrant in creation of a ‘Czech You Out’ photo submission, and decisions of judges.
Official Rules & Winners List: For a copy of these Official Rules, or the name of prize winners, send a self-addressed stamped envelope to be received by 7/31/2022 to: Czechvar Lager Czech You Out Photo Contest, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting, official rules or winners list.
Sponsor/ Contest Administrator: This Contest is sponsored by Czechvar Lager, and administered by Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.
This Contest is not affiliated with or sponsored, sanctioned or endorsed by or in any way in association with Instagram or Twitter. Instagram and Twitter have no liability or responsibility for any claim arising in connection with this Contest or any prize(s) awarded in connection therewith.