FIRESTONE WALKER, INC. d/b/a FIRESTONE WALKER BREWING CO.
805 SURFBOARD HOLIDAY 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 Firestone Walker Brewing Co. product will increase contestant’s odds of winning. This contest is void where prohibited by law.

2. CONTEST DESCRIPTION.
Firestone Walker, Inc. d/b/a Firestone Walker Brewing Co. (“Firestone”) is the promoter and shall conduct the 805 Surfboard Holiday Contest (the “Contest”).  Contestants are required to fill out an entry form and submit an original black and white photograph that exemplifies the 805 (Central Coast of California) lifestyle.  If a contestant's entry is judged to be a winner, the individual will receive a prize 805 Surfboard.  The complete details on how to enter can be found below in the “How to Enter” section of these Official Rules.  Firestone will give away one (1) prize 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 Firestone, whose decision shall be final and binding in all respects, concerning the Contest.

3. ENTRY PERIOD. 
The entry period for the Contest begins on December 1, 2018 at 12:01 am Pacific Standard Time and ends on December 12, 2018 at 11:59 pm Pacific Standard Time or may be extended or shortened in Firestone’s sole discretion (“Entry Period”). Firestone will be the official timekeeper for the Contest.  Contestants must submit both their entry form 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 and mailed submissions must be postmarked by the end of Entry Period.  

4. ELIGIBILITY.
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, agents, shareholder, member, and/or principal of Firestone or any of its respective divisions, parents, subsidiaries, affiliated companies, 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 properly and completely fill out an entry form.  Entry forms are available at http://www.805beer.com/contest/ or by sending a self-addressed, stamped envelope to Firestone Walker Brewing Co., c/o 805 Surfboard Holiday Contest, 1400 Ramada Drive, Paso Robles, CA, 93446.  All entry forms must be complete and legible to be valid.  All incomplete or illegible entries are void.  No mechanically reproduced or photocopied entry forms will be accepted; if submitting a paper entry form, an original ink signature is required. Contestants must also submit an original black and white photograph that exemplifies the 805 (Central Coast of California) lifestyle.  Photographs can be either: (1) uploaded and posted by contestant on Instagram® and contestant must use the hashtag #805HolidayContest in the post featuring the photograph; (2) emailed to marketing@firestonebeer.com with the title "805 Holiday Contest" in the subject line; or (3) mailed directly to Firestone Walker Brewing Co., c/o 805 Surfboard Holiday Contest, 1400 Ramada Drive, Paso Robles, CA, 93446.   The contestant is responsible for ensuring their social media accounts are not private.  If contestant is emailing the photograph to Firestone the photograph must be in .jpg or .pdf format not to exceed 2 MB in total file size.  If contestant is mailing the photograph to Firestone the photograph must be in .jpg or .pdf format, saved on a thumb drive and cannot exceed 5 MB in size.  Emailed and mailed photograph submissions may be uploaded by Firestone to Instagram®.  Entries, including submission of contestant’s photograph, must be properly completed online or postmarked during the Entry Period.  All entry materials, including entry forms and photograph submissions, become the property of Firestone. Firestone is not responsible for incomplete, inaccurate, lost or illegible entries.  LIMIT ONE ENTRY PER PERSON.  Contestants may not enter more than once in this Contest, irrespective of entry method used.  The submission of multiple entries by one contestant will result in the voiding of all of that contestant’s entries.  Photograph submissions must be original content for this Contest. Do not submit a photograph that has been submitted elsewhere.  Contestants must be able to provide Firestone with an original photograph file upon request. Photograph submissions that are submitted without an entry form will not be eligible for judging.

6. JUDGING PANEL/JUDGING CRITERIA.
Contest entries will be judged by a panel of five (3) Firestone employees (“Firestone Judges”).  The Firestone Judges will evaluate the Contest entries on the basis of originality (25%), artistic quality (25%) and overall best representation of the 805 lifestyle (50%).  The Firestone Judges will select one (1) prize winner.  The winner will be selected on or before December 12, 2018.  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. Firestone 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 Firestone, 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 Firestone at its sole discretion. Entries must not contain anything else that is not in keeping with the image of Firestone, craft beer or that is not in compliance with these Official Rules. Please note that Firestone 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.

7. CONTINUAL/TRANSMISSION USE.
Firestone 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.  

8. CONTEST GENERAL CONDITIONS.
Contestant's submitting winning entries will only be notified through email at the email address provided to Firestone in the entry form.  The contestants submitting winning entries will be required to sign and return (via certified mail) an Affidavit of Eligibility, Publicity Waiver, Release of Liability and Indemnification 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 contestant submitting a winning entry cannot be confirmed and verified, or the prize notification email is returned as undeliverable, the prize will be awarded to an alternate winner. Firestone reserves the right and insists that all contestants receiving a prize 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 Firestone 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. Firestone 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.   

9. PUBLICITY RELEASE/CONTENT SUBMISSION. 
By entering the Contest or accepting any prize under the Contest, contestants and winner expressly agree to the use by Firestone, and their assignees or designees, of their name, biographical information (city and state), picture, portrait, voice, quotes, comments, image, likeness and/or contest photograph submission for the purpose of Firestone advertising, marketing and trade or the promotion of 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.  Firestone may film and/ or photograph the winner for the purpose of Firestone advertising, marketing and trade or the promotion of contests or sweepstakes.

10. PRIZE.
There shall be one (2) prizes awarded to the best entry, as judged by the Firestone Judges, and is a 805 surfboard with an approximate value of $600.

Prizes are non-transferrable.  Prizes may not be redeemed for cash. No substitutions of the prizes may be requested by the winner. Firestone reserves the right to substitute a prize of equal or greater value for any reason in the sole discretion of Firestone if the prizes are unavailable for any reason. In no event will Firestone award more prizes than are provided for in these Official Rules. As set forth below, the individual's accepting receipt of the prize identified herein will be responsible for all taxes associated with the prize 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 Firestone.

11. 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 persons accepting receipt of the prizes identified herein.  Individuals accepting prizes 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.  Individuals accepting prizes shall be responsible for any sales taxes or other taxes due as required by law.  Individuals accepting prizes are solely responsible for any additional expenses associated with acceptance, receipt and use of the prizes, including but not limited to miscellaneous personal travel expenses (if applicable).

12. NO ASSIGNMENT. 
No assignment and/or transfer of any kind of any prize, alternative prize or other substitution is permitted in the absence of Firestone’s express written consent (which shall be in Firestone’s sole and exclusive discretion), and any such prohibited assignment and/or transfer shall be void.

13. CONSENT TO OFFICIAL RULES/NO WAIVER. 
Participation in the Contest constitutes each and every contestant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules.  Firestone is using Instagram® to host the photographs for this Contest.  Contestants understand and agree that they are subject to the individual Terms of Use, Privacy Guidelines, and Security Provisions for the Instagram website. Firestone reserves the right at its sole discretion to disqualify any entry that Firestone determines to be in violation of any term contained in these Official Rules or any of the host website's Terms of Use, Privacy Guidelines, and Security Provisions.  The decision and/or action of Firestone not to enforce a specific provision of these Official Rules or any of the host website's Terms of Use, Privacy Guidelines, and Security Provisions does not constitute a waiver of any provision herein or of these Official Rules in general, and shall not prohibit Firestone from proceeding and/or enforcing these Official Rules in the future.  Firestone may enforce these Official Rules cumulatively, meaning singly, concurrently and/or in any such manner as Firestone sees fit without waiving them in any capacity.

14. 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, Firestone 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 Firestone 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, winner's acceptance, use of, and participation in any prize awarded pursuant to the Contest or any of the following:

Inaccurate, incomplete, lost, late, or illegible entries;
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;
Access to and use of any and all of Firestone’s web sites, including downloading from or printing material downloaded from any and all of Firestone’s web sites;
Telephone, electronic, hardware or software, program, network, internet, or computer malfunctions, failures, viruses or difficulties of any kind;
Failed incomplete, garbled or delayed computer transmissions;
The downloading or uploading of any materials in connections with this Contest;
Acceptance, use or misuse of any prize;
Any condition caused by unforeseen events that cause the Contest to be disrupted, corrupted and/or cancelled;
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.”

15. ODDS OF WINNING.
The odds of winning are dependent upon the amount and overall quality of entries into the Contest.   

16. 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 or any prize awarded hereunder shall be San Luis Obispo 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 Firestone 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.  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 San Luis Obispo and waive any and all rights of removal to Federal District Court.

17. SEVERABILITY. 
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.

18. COPY OF OFFICIAL RULES.
For a copy of the official rules, send a self-addressed, stamped #10 envelope to: Firestone Walker Brewing Co., c/o 805 Holiday Contest, 1400 Ramada Drive, Paso Robles, CA, 93446. Firestone 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.

19. WINNER LIST.
The winner will be selected and announced on or before December 12, 2018.  For the name of the winner, send a separate, self-addressed, stamped #10 envelope to: Firestone Walker Brewing Co., c/o 805 Surfboard Holiday Contest, 1400 Ramada Drive, Paso Robles, CA, 93446.  The name of the winner will also be released via Instagram® pages.

20. ADDITIONAL TERMS.
Firestone 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 A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE, 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, FIRESTONE WILL DISQUALIFY ANY SUCH CONTESTANT, AND FIRESTONE 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 Firestone. Firestone is not responsible for any typographical, technical, or other error in the Contest offer, administration of the Contest or in the announcement of a prize winner. In the event of a printing/production/typographical error, irregular or invalid code/message or equipment error, Firestone shall have no liability. In the event Firestone 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 Firestone, 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), event cancellation, 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 Instagram® or other cause not reasonably within the control of Firestone (each a “Force Majeure” event or occurrence), Firestone 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 Firestone, in its discretion, elects to cancel or alter this Contest as a result of a Force Majeure event, a notice will be posted on http://www.805beer.com/contest/

21. CONTEST SPONSOR/PROMOTER.
The sponsor/promoter of this Contest is Firestone Walker, Inc. d/b/a Firestone Walker Brewing Co., 1400 Ramada Drive, Paso Robles, CA, 93446.

22. INDEMNIFICATION.
By entering, contestants agree to defend and indemnify Firestone and Firestone’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 and/or contestant’s submissions or acceptance of the prize.

 

 

Entry Form








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I am at least 21 years old.