Funky Buddha® Void Shaker Sweepstakes/Instant Win Game 2022
Official Rules 

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 
 
1. Eligibility:  The Funky Buddha Void Shaker Sweepstakes (“Sweepstakes”)/Instant Win Game 2022 (“Game”) (collectively referred to herein as the “Promotion”) is open only to legal residents of the state of Florida (“Eligibility Area”),  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 Funky Buddha Brewery, LLC 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 Promotion; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c).  Subject to all applicable federal, state, and local laws and regulations.  Void outside Eligibility Area and 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:  Funky Buddha Brewery, LLC, 1201 NE 38th St., Oakland Park, FL 33334. Administrator: Optivate Agency, 4032 Masonboro Loop Rd, Unit 101, Wilmington NC, 28409.
 
3. Timing:  The Promotion begins on August 01, 2022 at 12:00 AM Eastern Time (“ET”) and ends on October 31, 2022 at 11:59 PM ET (the “Promotion Period”).  Administrator’s computer is the official time-keeping device for the Promotion. 
 
4. How to Play the Instant Win Game and Enter the Sweepstakes:  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 funkybuddhabrewery.com/void-shaker-sweepstakes-rules 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 Game 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. All entrants that do not receive an instant win “Winner” message will be entered for a chance to win the Sweepstakes Prize (defined below) (the area revealed by the scratcher will display the word “Sorry”) at the end of the Promotion Period. Please note, at any time that someone enters this Promotion, the Instant Win Grand Prize may have already been awarded to the Grand Prize Instant Winner (in such circumstances, the mobile scratcher will continue to provide entry for the Sweepstakes Prize only).    
 
If, due to an error of any kind, more than one instant win “Winner” notification is delivered to entrants, or more Instant Win Grand Prizes are claimed than are intended to be awarded per Rule #6 below, the  Instant Win Grand Prize will be awarded in a random drawing from among all verified Instant Win Game Grand Prize claims received during the Promotion Period. In no event will Sponsor be obligated to award more than the one (1) Instant Win Grand Prize and one (1) Sweepstakes Prize. 
 
Limit:  One entry per calendar day (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM ET and ending at 11:59 PM ET 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. Administrator will select the potential Sweepstakes Prize winner in a random drawing from all eligible entries received during the Promotion Period on or about November 1, 2022.  The odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Promotion Period.  The potential winner of the Sweepstakes Prize will be notified by mail, email or phone on or about the first business day following the random drawing in which they were selected.  
 
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 Instant Win Grand Prize shall consist of  one (1) Sponsor-specified virtual reality system.  Approximate Retail Value (“ARV”) $350.

ONE (1) SWEEPSTAKES PRIZE: The Sweepstakes Prize shall consist of one (1) $100 Sponsor-specified gift card (terms and conditions on gift card apply.  ARV $100. 

Prize General Conditions. Prize(s) subject to availability. Each prize winner is solely responsible for all other expenses not specifically set forth herein, including but not limited to surcharges, service charges, shipping and handling, taxes, and other incidentals and items of a personal nature. Prizes consist of only the items specifically listed as part of the prize. Prize details not specified herein shall be determined solely by Sponsor. Prize(s) are awarded “as is” with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize. Resale of prize(s) is prohibited. Sponsor is not responsible for lost, stolen or mutilated prizes, in which event the prize is forfeited in its entirety and Sponsor will have no obligation to award compensation in lieu thereof and no substitution will be provided except as in Sponsor’s sole discretion. Actual value of prize(s) may vary. Sponsor is not responsible for, and 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. No transfer, assignment, substitution or cash equivalent for any prize will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason.  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, and Sponsor’s obligation to the winner(s) will be fulfilled and no other compensation will be provided. In the event of prize unavailability, if the Promotion becomes impossible or commercially unreasonable to administrate, or any other reason in Sponsor’s sole discretion, Sponsor reserves the right to cancel, postpone, or modify (in whole or in part) the Promotion. Winner(s) are responsible for all federal, state and local taxes and fees associated with prize award, receipt and/or use. Failure to pick-up or use prize does not relieve winner of his/her tax obligations associated with acceptance of a prize. Promotion 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:  In exchange for the right to participate in the Promotion, the winner(s) agree to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  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. 
 
8. Publicity:  Except where prohibited, participation in the Promotion constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, each winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation.  

9. 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, 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.  

10. 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. 
 
11. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, 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 Broward County, Florida, 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.
12. Entrant's Personal Information:  Information collected from entrants is subject to Sponsor’s Privacy Policy at: https://www.cbrands.com/privacy-policy (“Privacy Policy”). By entering this Promotion, 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 01, 2022 to Optivate Agency, 4032 Masonboro Loop Rd, Unit 101, Wilmington NC, 28409.
Please Drink Responsibly.  Funky Buddha Brewery, Oakland Park, FL