How Big Is Your Chihuahua? Contest Rules
CHIHUAHUA BREWING CO., LLC d/b/a CHIHUAHUA CERVEZA
HOW BIG IS YOUR CHIHUAHUA? CONTEST OFFICIAL RULES
1. NO PURCHASE OR ALCOHOL CONSUMPTION NECESSARY.
No purchase is necessary to enter or to win. A purchase will not increase your chances of winning. Additionally, the consumption of alcohol is not necessary to enter or to win this Contest. Neither the consumption nor purchase of alcohol or any Chihuahua Brewing Co. Brewing Co. product will increase contestant’s odds of winning. This contest is void where prohibited by law.
2. CONTEST DESCRIPTION.
CHIHUAHUA BREWING CO., LLC d/b/a CHIHUAHUA CERVEZA (“Chihuahua Cerveza”) is the promoter and shall conduct the How Big Is Your Chihuahua? Contest (the “Contest”). Contestants are required to submit a photograph on Instagram and/or Facebook using the #HowBigIsYourChihuahua. This photograph should represent what our motto "How Big Is Your Chihuahua?" means to the Contestant. The complete details on how to enter can be found below in the “How to Enter” section of these Official Rules. Chihuahua Cerveza will give away one (1) Grand Prize per week as described herein. Each contestant who enters the Contest must strictly follow these Official Rules and unconditionally agrees to comply with, be subject to and fully abide by these Official Rules and the decisions of Chihuahua Cerveza, whose decision shall be final and binding in all respects, concerning the Contest.
3. ENTRY PERIOD.
The entry period for the Contest begins on Thursday, April 19th, 2019 Pacific Standard Time and ends on Tuesday, December 31, 2019 at 11:59 pm Pacific Standard Time or may be extended or shortened in Chihuahua Cerveza’s sole discretion (“Entry Period”). Chihuahua Cerveza will be the official timekeeper for the Contest. Contestants must submit their and photograph submission by the end of the Entry Period to be eligible for the Contest. Online entries must be received and uploaded by the end of the Entry Period.
The Contest is open to all legal U.S. residents, except where prohibited by law. The age limit to enter and participate in the Contest is twenty-one (21) years of age or older on the date of entry. The following persons shall not be eligible to either participate or win prizes in the Contest: (a) any person who is a director, officer, employee, agent, franchise owner, shareholder, member, and/or principal of Chihuahua Cerveza or any of its respective divisions, parents, subsidiaries, affiliated companies, franchisees, distributors, wholesalers, retailers, suppliers, service agencies and/or independent contractors; and (b) any person who is an immediate family member (meaning either a biological or step mother, father, sister, brother, daughter, son, IRS dependent and/or spouse) of any person in the preceding ineligible person categories regardless of where they live or reside in the same household (and whether related or not) to any person in any of the preceding categories. Transfer of any rights to Contest entry materials and/or Prizes by any person in any of the preceding ineligible person categories to an eligible person is strictly prohibited and shall be void.
5. HOW TO ENTER.
Contestants must submit a photograph on Instagram and/or Facebook using the #HowBigIsYourChihuahua. This photograph should represent what our motto "How Big Is Your Chihuahua?" means to the Contestant. Photographs should be uploaded and posted by contestant directly to Facebook and/or Instagram and contestant must use the hashtag #HowBigIsYourChihuahua in the post featuring the photograph. Entries, including submission of contestant’s photograph, must be properly completed online during the Entry Period. All entry materials, including captions & photograph submissions, become the property of Chihuahua Cerveza. Chihuahua Cerveza is not responsible for incomplete, inaccurate, lost or illegible entries. Only the contestant submitting an entry is eligible to receive a prize. Photograph submissions must be original content for this Contest. The use of Chihuahua Cerveza product is not required to participate. No purchase necessary. Do not submit a photograph that has been submitted elsewhere. Contestants must be able to provide Chihuahua Cerveza with an original photograph file or negative upon request.
6. JUDGING PANEL/JUDGING CRITERIA.
Contest entries will be judged by a panel of five (5) Chihuahua Cerveza employees (“Chihuahua Judges”). The Chihuahua Judges will evaluate the Contest entries on the basis of originality, creativity, ingenuity, cleverness, resourcefulness and pure entertainment. The Chihuahua Judges will select a Grand Prize winner weekly. All Winners will be selected on or before Tuesday, December 31, 2019. Entries must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Also, entries must not include any visual, audiovisual, and/or written material included that has been produced or commercially exploited before. If an entry contains any material or elements that are not owned by the contestant, and/or which are subject to the rights of third parties, the contestant must have obtained, prior to submitting it, any and all releases and consents necessary to permit the use and exhibition of such material or elements including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the photograph submission. Chihuahua Cerveza may request proof of these permissions from you at any time. Failure to provide such proof may, if requested, render contestant’s entry null and void. Entries must be free of profanity, sex, violence, drugs, and/or inappropriate language. Entries must be made in good taste. Entries cannot contain any offensive, obscene, inappropriate or sexually suggestive material, propaganda, potentially misleading information, or defamatory or disparaging material about Chihuahua Cerveza, other people or companies. Entry photographs must not contain any underage individuals (under 21 years of age) or depict the consumption of alcohol. Entries cannot directly promote or speak negatively about any particular faith, political action, legislation or party, or promote or encourage the violation of any law, as determined by Chihuahua Cerveza at its sole discretion. Entries must not contain anything else that is not in keeping with the image of Chihuahua Cerveza, beer or that is not in compliance with these Official Rules. Please note that Chihuahua Cerveza has the right, but not the obligation, to in its sole discretion review and monitor entries and can disqualify any entry that it determines to be in violation of these Official Rules or simply in poor taste.
6. CONTINUAL/TRANSMISSION USE.
Chihuahua Cerveza may from time to time email you specials, offers, features, promotions or advertising that it deems appropriate. By entering this Contest you agree to these terms and conditions and agree to accept such email messages. Contestants will be provided an option to opt out of any additional email messages. It is the contestants’ responsibility to opt out of receiving any additional email messages.
7. CONTEST GENERAL CONDITIONS.
Winners will only be notified through Facebook and/or Instagram. The winners will be required to sign and return (via certified mail) an Affidavit of Eligibility, Waiver and Release and a W-9 Federal I.D. form, post marked within seven (7) days of receipt of notification of winning, failure to do so constitutes forfeiture of the Prize and the Prize will be awarded to an alternate winner. In the event that a winner selected cannot be confirmed and verified, or the prize notification email is returned as undeliverable, the Prize will be awarded to an alternate winner. Chihuahua Cerveza reserves the right and insists that all winners present valid state photo identification proving they were 21 years of age or older at the time of entry and their identity and state of residence. If the Winner is employed during this Contest they must also prove to Chihuahua Cerveza their place of employment. If prize notification is unsuccessful, or in the event of non-compliance with any of these rules, regulations, terms or conditions, the prize will be forfeited and an alternate winner may be selected from the remaining eligible entries. Chihuahua Cerveza reserves the right to void any entry or winner not in compliance with the rules stated above or below. Prize acceptance constitutes permission, in perpetuity, by the winner (except where prohibited by law) to use, print, publish and broadcast in any media at any time, the winner’s name, photograph, identity, portrait, voice, likeness and biographical information for publicity purposes without additional compensation or review.
8. PUBLICITY RELEASE/CONTENT SUBMISSION.
By entering the Contest or accepting any prize under the Contest, contestants expressly agree to the use by Chihuahua Cerveza and their designees of the winning contestant’s name, biographical information (city and state), picture, portrait, voice, quotes, comments, image, likeness and/or photograph submission for the purpose of Chihuahua Cerveza advertising, trade, contests or sweepstakes without further compensation, notification or consideration in any and all media now known or hereafter developed throughout the world, in perpetuity, unless prohibited by law.
There shall be one (1) grand prize awarded to the best entry (“Grand Prize”), as judged by the Chihuahua Judges, weekly with an approximate value of $50 and includes one Chihuahua Cerveza T-Shirt, one speed bottle opener, one beer koozie, 4 coasters, and one voucher for a dinner for (4) at Chihuahua Cerveza Taproom c/o 3107 Newport Blvd. Newport Beach, CA 92663 or an incidental case of Chihuahua Rico for non-local, Florida participants. Prizes are non-transferable. Prizes may not be redeemed for cash. No substitutions of the prizes may be requested by the winners. Chihuahua Cerveza reserves the right to substitute a prize of equal or greater value for any reason in the sole discretion of Chihuahua Cerveza if the prizes are unavailable for any reason. As set for the below, the winner will be responsible for taxes associated with the prizes and/or other costs related to acceptance or use of the prize. Any and all prizes awarded shall be subject to verification of the contestant’s eligibility and compliance with the terms of these Official Rules by Chihuahua Cerveza.
10. TAXES, OTHER COSTS, MISCELLANEOUS.
Any and all applicable federal, state and/or local taxes (which may include, without limitation, sales tax and income tax) will be the sole and exclusive responsibility of the winning contestant. The winning contestant will be required to give their social security number in order to prepare any necessary tax forms, and must further sign and deliver any and all necessary documents to complete the transfer of any prizes to be awarded. Winning contestants shall be responsible for any sales taxes or other taxes due as required by law. Winning contestants are solely responsible for any additional expenses associated with acceptance, receipt and use of the prizes, including but not limited to, food and travel expenses.
11. NO ASSIGNMENT.
No assignment and/or transfer of any kind of any prize, alternative prize or other substitution is permitted in the absence of Chihuahua Cerveza’s express written consent (which shall be in Chihuahua Cerveza’s sole and exclusive discretion), and any such prohibited assignment and/or transfer shall be void.
12. CONSENT TO OFFICIAL RULES/NO WAIVER.
13. WAIVER OF CLASS ACTION/RELEASE OF LIABILITY.
Except where prohibited, contestant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action. Additionally, Chihuahua Cerveza shall not be liable for any claims, demands, damages and causes of action or any costs or expenses relating to the Contest or any prize awarded pursuant thereto. By participating in the Contest, contestants hereby release and discharge Chihuahua Cerveza from any and all claims, demands, damages and causes of action of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to the Contest and in particular from all claims, demands, damages and causes of action of every kind and nature for damages actual and consequential, past, present, and future, arising out of, or in any way relating to the Contest, the administration of the Contest, any prize awarded pursuant to the Contest or any of the following:
a. Inaccurate, incomplete, lost, late, or illegible entries;
b. Late, lost, delayed, damaged, misdirected, undelivered, stolen, incomplete, illegible, unintelligible, or postage-due notices, regarding entries, release forms, emails, affidavits or other correspondence or mail;
c. Access to and use of any and all of Chihuahua Cerveza’s web sites, including downloading from or printing material downloaded from any and all of Chihuahua Cerveza’s web sites;
d. Telephone, electronic, hardware or software, program, network, internet, or computer malfunctions, failures, viruses or difficulties of any kind
e. Failed incomplete, garbled or delayed computer transmissions
f. The downloading or uploading of any materials in connections with this Contest;
g. Acceptance, use or misuse of any prize;
h. Any condition caused by unforeseen events that cause the Contest to be disrupted, corrupted and/or cancelled;
i. Any printing or typographical errors in any materials associated with the Contest.
It is understood and agreed that this is a full, complete, and final general release of any and all claims described as aforesaid, and contestant agrees that it shall apply to all unknown, unanticipated, unsuspected, and undisclosed claims, demands, liabilities, actions or causes of action, in law, equity or otherwise. Contestant has read and fully understands the contents of section 1542 of the Civil Code of the State of California, and that section and the benefits thereof are expressly waived. Section 1542 reads as follows:
“Section 1542. (General Release - Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
14. ODDS OF WINNING.
The odds of winning are dependent upon the amount and overall quality of entries into the Contest.
15. CHOICE OF LAW/VENUE.
Except where prohibited, contestants agree that the exclusive venue for any and all disputes, claims and causes of action arising out of or connected with this Contest shall be Orange County Superior Court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Chihuahua Cerveza in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than California. Orange County Superior Court shall be the exclusive venue for any dispute relating to or arising from these Official Rules and/or this Contest. All contestants and winners agree, by their participation in the Contest, to submit to personal jurisdiction in the State of California and, more particularly, the County of Orange County and waive any and all rights of removal to Federal District Court.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. COPY OF OFFICIAL RULES.
For a copy of the official rules, send a self-addressed, stamped #10 envelope to: Chihuahua Brewing Co. Brewing Co., c/o How Big Is Your Chihuahua Contest, 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660. Chihuahua Cerveza reserves the right to change, alter, or amend these Official Rules as necessary, in its sole discretion, to ensure the fair administration of the Contest or to comply with applicable law.
18. WINNER LIST.
Winners will be selected on a weekly basis and announced once a week. For the name of the winners, send a separate, self-addressed, stamped #10 envelope to: Chihuahua Brewing Co. Brewing Co., c/o How Big Is Your Chihuahua Contest, 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660. The names of winners will also be released via Chihuahua Cerveza’s Facebook® and Instagram® pages.
19. ADDITIONAL TERMS.
Chihuahua Cerveza reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. CAUTION: ANY ATTEMPT BY AN CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE/PHONE SERVER OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, Chihuahua Cerveza WILL DISQUALIFY ANY SUCH CONTESTANT, AND Chihuahua Cerveza RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Proof of submission of an entry will not be deemed to be proof of receipt by Chihuahua Cerveza. Sponsor is not responsible for any typographical, technical, or other error in the Contest offer, administration of the Contest or in the announcement of prize winners. In the event of a printing/production/typographical error, irregular or invalid code/message or equipment error, Chihuahua Cerveza shall have no liability. In the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond the control of Chihuahua Cerveza, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures, intervention by Facebook®, and Instagram® or other cause not reasonably within the control of Chihuahua Cerveza (each a “Force Majeure” event or occurrence), Chihuahua Cerveza shall have the right, in its sole discretion and without any recourse or liability to any contestant, to abbreviate, modify, suspend, cancel or terminate the Contest as circumstances may require. If Chihuahua Cerveza, in its discretion, elects to cancel or alter this Contest as a result of a Force Majeure event, a notice will be posted on www.ChihuahuaCerveza.com/how-big-is-your-chihuahua.
20. CONTEST SPONSOR/PROMOTER.
The sponsor/promoter of this Contest is Chihuahua Brewing Co., LLC d/b/a Chihuahua Cerveza, 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660.
By entering, contestants agree to defend and indemnify Chihuahua Cerveza and Chihuahua Cerveza’s principals, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the Contest as a result of contestant’s participation, contestant’s submissions and/or use of any prize.