Gold Bar® San Francisco 49ers Sweepstakes/Instant Win Game 2019
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF CALIFORNIA AND WHERE PROHIBITED BY LAW. ENTRANT MUST BE AT LEAST 21 YEARS OF AGE OR OLDER AND A CALIFORNIA RESIDENT AT THE TIME OF ENTRY. STANDARD MESSAGING/DATA RATES, TERMS AND CONDITIONS MAY APPLY FOR ENTRIES OBTAINED VIA MOBILE PHONE/DEVICE. MOBILE PHONE/DEVICE NOT REQUIRED TO ENTER. DO NOT ENTER UNLESS YOU ARE ELIGIBLE (SEE FULL ELIGIBILITY DETAILS IN RULE 1, BELOW. BY ENTERING THE Gold Bar® San Francisco 49ers SWEEPSTAKES/INSTANT WIN GAME 2019 (“SWEEPSTAKES”), ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL IN ALL RESPECTS.
You are providing your information to GOLD BAR® BOTTLE COMPANY and the information you provide will only be used in accordance with the GOLD BAR® BOTTLE COMPANY privacy policies, which may be found at: https://goldbarwhiskey.com/privacy-policy/
1. Eligibility: Gold Bar® San Francisco 49ers Sweepstakes (“Sweepstakes”)/Instant Win Game 2019 (“Game”) (collectively referred to herein as the “Promotion”) is open only to legal residents of California who are at least twenty-one (21) years old at the time of entry. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees, officers or agents of Gold Bar® Bottle Company, the San Francisco 49ers, The NFL Entities (as defined below) or Administrator (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) agents, officers, employees of, family members (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), in any of the preceding categories (a) through (c). Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Gold Bar Bottle Company, 201 Spear St. #1100, San Francisco, CA 94105 Administrator: DRH Media And Activation Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.
3. Timing: The Promotion begins on November 11, 2019 at 12:00 AM Pacific Time (“PT”) and ends on December 15, 2019 at 11:59 PM PT (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Promotion.
4. How to Enter and play the Instant Win Game: A computer or mobile device with internet access is required to participate in this Promotion. Limit one (1) entry per person per day (an entrant may only enter with one email address each day – additional entries by the same person via additional email addresses will be void and subject entrant to disqualification). To enter, visit www.GoldBarFootball.com and follow directions to enter this Promotion. Entrants must fully complete and submit all non-optional data requested to be eligible. Incomplete entries are void. Following entrant data collection, a virtual scratch-off card will be presented. Entrants must scratch off the designated area of the virtual scratch-off card to reveal if they are the instant winner (the “Instant Winner”) of the Grand Prize (defined below). The Grand Prize Instant Winner will be notified instantly if randomly selected as the winner (the area revealed by the scratcher will display the word “Winner” for the Grand Prize Instant Winner). The Grand Prize Instant Winner will receive an email from Administrator within two (2) days following the instant win “Winner” notification via the mobile scratcher with instructions to claim the Grand Prize.
If, due to an error of any kind, more than one instant win “Winner” notification is delivered to entrants, or more Grand Prizes are claimed than are intended to be awarded per Rule #6 below, the Grand Prize will be awarded in a random drawing from among all verified Grand Prize claims received during the Promotion Period. In no event will Sponsor be obligated to award more than one (1) Grand Prize.
Limit: One entry per calendar day (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM PT and ending at 11:59 PM PT on any one (1) calendar date).? Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any participation, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the natural person who is 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.? The potential winner may be required to show proof that he/she is the authorized account holder. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor/Administrator in their sole discretion.
5. Random Drawings/Selection: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion. The virtual scratch-off Grand Prize Instant Winner will be randomly determined and will be notified as set forth in Rule #4 above.
All potential winner(s) of the Promotion will be required to sign and return to Administrator, within five (5) calendar days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or the prize is returned as undeliverable, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor, in its sole discretion, may select an alternate prize winner by random drawing from among all remaining eligible entries.?
6. Prizes: ONE (1) INSTANT WIN GAME GRAND PRIZE: The “Grand Prize” includes: Four (4) lower level tickets to a San Francisco 49ers home game, Date: Dec 21/22 (TBD). Four (4) on-field passes (pre-game), and one (1) parking pass on the designated game day at Levi’s Stadium, 4900 Marie P Debartolo Way, Santa Clara, CA 95054. Tickets are subject to availability, venue capacity, age, and other restrictions. The Grand Prize Instant Winner and guest must abide by all venue policies. Parking, travel and accommodations not expressly included are the sole responsibility of winner and guest. Sponsor and organizer reserve the right to revoke full or partial prize from any winner or winner’s guests who they and/or their personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Sponsor into disrepute. Resale of any prize(s) is prohibited. If winner is unable or unwilling to attend on the date or in the location selected, the Grand Prize will be forfeited and may be awarded to an alternate winner. The Grand Prize Instant Winner and guest are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, lodging, surcharges, service charges, personal charges, security fees, shipping and handling, taxes, transportation (ground and airfare), travel and other insurance, souvenirs and other incidentals and items of a personal nature.
Prizes consist of only the items specifically listed as part of the prize. Prizes details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize. The Grand Prize Winner’s guests to the game must be twenty-one (21) years of age or older. Grand Prize Instant Winner must execute liability/publicity releases prior to issuance of tickets and passes. Sponsor is not responsible for lost, mutilated or stolen tickets. The names of individuals, companies, products and/or logos are used for identification purposes only and are the intellectual property of their respective owners. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity 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. Sponsor is not responsible if the game is delayed, postponed or cancelled for any reason, or for issues arising from the operation and management of the game, in which case the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. The Approximate Retail Value (“ARV”) of the Grand Prize is $2000. Actual value may vary. Sponsor is not responsible for and the winner will not receive any difference between the actual value and ARV of a prize. In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The Sponsor reserves the right to cancel or postpone the Promotion if the Promotion becomes impossible or commercially unreasonable to administer. Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use. Failure to attend the game does not relieve winner of his/her tax obligations associated with acceptance of a prize. Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit one (1) prize per entrant.
7. RELEASE OF LIABILITY AND PUBLICITY CONSENT: By participating in the Sweepstakes, entrants (and their parent(s)/legal guardian(s) if entrants are minors who are expressly prohibited from entering) release, indemnify and hold harmless the Sponsor, the NFL Entities, and each of their respective parent companies, affiliates, subsidiaries, officers, directors, partners, equity holders, agents, employees, and all others associated with the development and execution of this Sweepstakes (collectively, the “Released Parties”) from and against any and all claims, damages or liabilities with respect to, or in any way arising from or relating to such entrant's participation or attempt to participate in the Sweepstakes, the ability or inability to upload or download any information in connection with the Sweepstakes and/or the acceptance or use (including related travel if any) of the Prize (if applicable), including without limitation liability for personal injury, damages, death, monetary loss, defamation or violation of privacy rights. No responsibility or liability is assumed by the Sponsor, or the NFL Entities for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors, omissions or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed, incomplete, inaccurate, damaged, destroyed, misdirected or not received or intercepted transmissions; inaccessibility of any Web site in whole or in part for any reason; traffic congestion on the Internet or any Web site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized access, tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of any email or social media account used in connection with the Sweepstakes; any errors, omissions, interruptions, deletions, defects, delays in operation failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; causes beyond Sponsors’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); or cheating or fraud by any participant. Sponsor is not responsible for any typographical errors, any incorrect or inaccurate information, whether caused by entrants, site users, tampering, hacking or printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on any Website. Use of any Web site is at the user's own risk. Neither Sponsor, nor the NFL Entities are responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer (hardware or software) and/or other device related to or resulting from participation in the Sweepstakes or the acceptance or use of any prize awarded. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion.
By entering, entrants agree to comply with these rules. Sponsor(s) is not liable in the event that any portion of the Sweepstakes or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control (a “Force Majeure Event”). All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
By accepting the Prize, the recipient consents to the use of his/her name, photograph, likeness, taped, filmed or otherwise recorded image, statements and limited biographical information (city and state of residence) for publicity or advertising purposes in all media worldwide, including but not limited to social media, without limitation and without further compensation or notice.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Promotion and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Promotion or prize-related activity. Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or a prize provider; or (iv) otherwise violates the policies of the prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
9. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen entries; or (f) 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in California, having jurisdiction. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and entrant further waives all rights to have damages multiplied or increased.
11. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy at: https://goldbarwhiskey.com/privacy-policy/ (“Privacy Policy”). By entering this Sweepstakes, each entrant confirms that he/she has read, agrees to and accepts Sponsor’s Privacy Policy.
13. Winner List: For the names of the prize winners of prizes with values greater than $25.00, send a self-addressed, stamped envelope by December 19 , 2019 to DRH Media And Activation Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.
14. The National Football League, its member professional football clubs, including but not limited to San Francisco 49ers, LLC, NFL Ventures, Inc., NFL Properties LLC, NFL Enterprises LLC, NFL Productions LLC, and NFL International LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this sweepstakes or any prize awarded. The NFL Entities, including but not limited to Forty Niners Football Company LLC have not offered or sponsored this sweepstakes in any way.
All NFL-related trademarks are the property of the National Football League.
All other trademarks used herein are the property of their respective owners.