Funky Buddha and Florida Panthers Our Territory Sweepstakes/Instant Win Game 2019
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Funky Buddha and Florida Panthers Our Territory Sweepstakes (“Sweepstakes”)/Instant Win Game 2019 (“Game”) (collectively referred to herein as the “Promotion”) is open only to legal residents of the state of Florida 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 Sweepstakes; 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 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 LLC, 1201 NE 38th Street, Oakland Park, FL 33334. Administrator: DRH Media And Activation Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.
3. Timing: The Promotion begins on October 1, 2019 at 12:00 AM Eastern Time (“ET”) and ends on November 30, 2019 at 11:59 PM ET (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 FunkyFL.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 one of two (2) instant winners (each, an “Instant Winner”) of a Grand Prize (defined below). Grand Prize Instant Winners will be notified instantly if they have won via virtual scratch-off cards (the area revealed by the scratcher will display the word “Winner” for a Grand Prize Instant Winner). Grand Prize Instant Winners will receive an email from Administrator within two (2) days following the “instant win” notification via the mobile scratcher with instructions to claim their Prize. All entrants that do not receive an instant win 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”). Please note, at any time that someone enters this Promotion, the two (2) Instant Win Grand Prizes may have already been awarded to Instant Winners (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 “instant win” notifications are delivered to entrants, or more Instant Win Grand Prizes are claimed than are intended to be awarded per Rule #6 below, the intended number of Instant Win Grand Prizes 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 stated number of prizes for the Game or the Sweepstakes.
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 email address by an Internet Access Provider, on-line 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. 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. Virtual scratch-off instant winners (Grand Prize Instant Winners) are 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 December 6, 2019. The odds of winning the Sweepstakes Prize depends on the number of eligible entries received during the Promotion Period. The potential winner(s) 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: TWO (2) INSTANT WIN GRAND PRIZES: Each Instant Win Grand Prize shall consist of a post-game puck shot on the ice, four (4) tickets to a Florida Panthers home game (game to be determined by Sponsor) (“Event”), $150 gift card or cash (in the sole discretion of Sponsor) for use at the Florida Panthers arena, the BB&T Center, and a post-game VIP experience. Tickets are subject to availability, venue capacity, age, and other restrictions. Grand Prize Instant Winners and guests must abide by all venue policies. Parking, travel and accommodations not expressly included are the sole responsibility of winner and guests. Florida Panthers and BB&T Center 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 Florida Panthers or BB&T Center into disrepute. Resale of prize(s) is prohibited. If winner is unable or unwilling to attend Event on the date or in the location selected, the prize will be forfeited and may be awarded to an alternate winner. Each Grand Prize Instant Winner and guests 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. DO NOT ENTER THE PROMOTION IF YOU ARE NOT PREPARED TO PAY FOR LODGING AND TRAVEL TO/FROM THE EVENT. ONE (1) SWEEPSTAKES PRIZE: Sweepstakes Prize shall consist of one custom Florida Panthers Funky Buddha Brewery jersey. 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. Grand Prize Winner’s guests to the Event must be twenty-one (21) years of age or older by October 1, 2019. Grand Prize Instant Winners must execute liability/publicity releases prior to issuance of tickets and passes. Sponsor is not responsible for lost, mutilated or stolen Event admission passes/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 Event is delayed, postponed or cancelled for any reason, or for issues arising from the operation and management of the Event, in which case the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. If the Event is cancelled or postponed, Sponsor will have no obligation to award compensation in lieu thereof. The Approximate Retail Value (“ARV”) of each Instant Win Grand Prize is $500.00. The ARV of the Sweepstakes Prize is $150.00. Actual value 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. 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 administrate. Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use. Total ARV of all prizes (Instant Win Grand Prize and Sweepstakes Prize): $1,150.00. 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, Florida Panthers Hockey Club, LTD. and Arena Operating Company, LTD., 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. All entrants understand and agree that THIS RELEASE SHALL EXTEND TO AND INCLUDE ANY AND ALL CLAIMS WHICH 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.
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. All entrants understand and agree that any recourse or claim for damages under Florida Statute §540.08 (“Unauthorized publication of name or likeness”) is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.
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://funkybuddhabrewery.com/store/terms-conditions#privacy/. 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 10, 2019 to DRH Media And Activation Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.
14. Arena Operating Company, LTD. is not a sponsor of the Promotion, and is in no way responsible for the administration of the Promotion, the verification of winners or the fulfillment of prizing. All inquiries regarding the Promotion should be directed to Sponsor.