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Harlem Blue - True Blue New York
Sweepstakes Contest Spring 2024
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE (VERIFIABLE). VOID WHERE PROHIBITED. WINNERS WILL BE CONTACTED BY DM AND EMAIL.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok.
This True Blue New York Sweepstakes (the "Sweepstakes") is intended for legal residents of the State of New York and shall only be construed and evaluated according to applicable state and federal laws. Please do not enter this Sweepstakes if you do not have a primary residence in New York, or do not fully intend to receive and enjoy the prize(s) within the State of New York. The Sweepstakes is sponsored by Harlem Brew House, LLC, 2214 Frederick Douglass Blvd, Suite 267, New York, NY (the "Sponsor").
ELIGIBILITY: The Sweepstakes is open to legal USA residents who have a primary residence in the state of New York and who are at least twenty-one (21) years of age or older at the time of entry (the "Entrants"). The Sponsor, also herein the "Administrator," their respective employees, officers, directors, affiliates, distributors, sales representatives, advertising and promotional partners, shareholders, and the officers, directors, agents, and employees of each of the foregoing (collectively, the "Released Parties"), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00 a.m. EST on March 31, 2024 and will end at 11:59:59 p.m. EST on April 30, 2024 ("Sweepstakes Period"). The Sponsor's database computer is the official time-keeping device for the Sweepstakes. During the Sweepstakes Period, Entrants can enter the Sweepstakes by following @HarlemBlueBeer on Instagram and completing the Sweepstakes registration form available at www.HarlemBlue.com/sweepstake-submit (the "Website"). At the Website, Entrants will be asked to provide their full name, residential zip code, email address, phone number and Instagram tag. Each completed registration form will generate one (1) entry into the Sweepstakes. Limit one (1) registration entry per Entrant.
Bonus Entries:
TIKTOK: Follow the Sponsor (@HarlemBlueBeer) on TikTok through the provided link and receive an additional three (3) bonus entries (per this feature) per Entrant.
TELL US HOW YOU CELEBRATE: Answer the short question field in the submission form and receive an additional five (5) bonus entries per Entrant. Limit five (5) bonus entries (per this feature) per Entrant.
There are two alternative methods of entry:
- Entrants can also enter the Sweepstakes by emailing your full legal name, complete mailing address, and date of birth to sips@harlemblue.com with the subject line "True Blue New York." Email entries must be received by the Administrator within the Sweepstakes Period. Each email received will generate one (1) Sweepstakes entry.
- Entrants can also obtain Sweepstakes entries by legible hand-printing, on a 3" x 5" card or paper, their full name, complete mailing address, phone number, date of birth, and email address, and then mailing the card in an envelope with appropriate USPS postage to: Harlem Blue Sweepstakes, 2214 Frederick Douglass Blvd, Suite #267, NY, NY 10026. Each mailed-in piece will be worth one (1) Sweepstakes entry. Each and any mailed-in entry must be postmarked and received within the Sweepstakes Period. **PLEASE NOTE - Each mailed-in entry must be hand-printed by Entrant only. Entrants are not permitted to use any third-party application or service to assist with the entry process in anyway (as determined by the discretion of the Administrator). Each mailed-in entry must be mailed individually in one envelope.
Limited nine (9) entries per Entrant, regardless of method of entry. To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes' subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. The Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. All information submitted by Entrants will be treated according to Sponsor's Privacy Policy. By participating in the Sweepstakes and providing your email address or any other applicable contact information, Entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's Privacy Policy. By entering the Sweepstakes, Entrants acknowledge their automatic opt-in to the Released Parties' email databases. All subsequent emails from the Released Parties will have an unsubscribe/opt-out option.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize(s) (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor's online presence; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize (defined below), including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death 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 of the Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network of cellular lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrants further agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes in cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
DRAWING AND NOTIFICATION: The potential Prize Winners will each be selected in a random drawing conducted by the Sponsor (or Administrator). The drawing will be conducted on or about [April 14, 2024]. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. All potential Winners will be contacted by the Sponsor (or Administrator) via email, social media DM, and/or USPS mail.
PRIZES: There will be three (3) Prizes available. Each Prize Winner ("Winner"), upon the Sponsor's confirmation of eligibility, will receive a reasonable portion of Harlem Blue beers to include at Winner's personal celebration of choice -however you celebrate living in New York-, (average portions for safe enjoyable beer consumption at the sole discretion of Sponsor), to be delivered to the local New York City location (collectively considered the Prize) as reasonably arranged between the Winner and Sponsor designee.
The Approximate Retail Value ("ARV") of each prize will not exceed $1,000, and will vary depending upon the size of the Winner's choice of personal celebrating occasion and number of guests. The value of the Prize set forth above represents Sponsor's good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes 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 that would cause the application of any other state's, province's, or jurisdiction's laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the State of New York; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant's remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supercede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by May 31, 2024, to: Sweeps True Blue NY Winners List, 2214 Frederick Douglass Blvd, #267, NY, NY 10026.
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