BrewDog Golden Can Promotion Official Rules
No purchase necessary to enter, win, or claim a prize. A purchase will not increase your chances of winning.
Open only to legal residents of Ohio, Kentucky, Pennsylvania, New York, New Jersey, Indiana, Illinois, Virginia and Georgia.
Void where prohibited by law.
The BrewDog Golden Can Promotion (“Promotion”) is sponsored by BrewDog Brewing Company, LLC (“Sponsor”), 96 Gender Road, Canal Winchester, Ohio 43110. The Promotion is being administered with the assistance of Koupon Media, Inc. (“Promotion Agency”), 5040 Addison Circle, Suite 250, Addison, Texas 75001.
Eligibility: This Promotion is only offered to legal residents of Ohio, Kentucky, Pennsylvania, New York, New Jersey, Indiana, Illinois, Virginia, and Georgia who are at least twenty-one (21) years old at the time of entry. No employees, officers, directors, or their immediate family (spouse, parent, child, sibling, and the “steps” of each) or persons living in the same household of each of the aforementioned of either the Sponsor, Promotion Agency, or any retailer which sells any Sponsor products are eligible to participate in the Promotion. Void where prohibited by law. All federal, state, and local laws apply.
Participation in this promotion constitutes an entrant’s full and unconditional agreement and acceptance of the Official Rules. Further, participation constitutes acceptance of any Sponsor decisions regarding the Promotion, which are final and binding. Winning or potentially winning entrants must prove eligibility and will be required to complete and sign an affidavit stating their eligibility in order to win and claim any prize. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
Promotion Period: The Promotion begins on April 30, 2021 at 10:00 a.m. Eastern Time and ends on July 31, 2021 at 11:59 p.m. Eastern Time (“Promotion Period”). The Promotion Agency’s computer is the official clock.
Consumer Disclosure; Prizes, Approximate Retail Value, and Odds: The Promotion offers entrants the chance to win one of three Golden Cans, each approximately valued as a collectible at $7,500 (contains approximately $5,000 worth of gold at market prices as of March 2021) and a trip for two to the Ohio brewery, with a tour and a two-night state at the DogHouse hotel valued at approximately $2,500 (each night at the hotel is valued at $234, airfare is included up to $941 per person, and a $150 food voucher) (“Prizes”). The odds of winning a Prize are dependent on the total number of eligible entries received during the Promotion Period. There are three total Prizes may be won by eligible entrants and awarded by Sponsor in connection with this Promotion. An eligible entrant may only win one Prize. Prize value of the Golden Cans is subject to change based on the market price of gold at the time one is awarded. The $150 food voucher is not redeemable for alcohol. The right to claim or receive any of the Prizes is not assignable and not transferable. A Winner has the option to choose to receive the cash value of the Prize won in lieu of the actual Prize where allowed by law.
How to Enter: Eligible participants may enter the promotion once per day during the Promotion Period by visiting https://shopusa.brewdog.com/pages/entry-form or texting “Elvis” to 64827 and entering valid information into the registration form, including, but not limited to, the participant’s first and last name, e-mail address, phone number, city, and zip code. Post office boxes are not eligible and do not constitute a physical address for the purposes of this Promotion. Entries are limited to one per day per entrant.
How Winners are Chosen and Notified: Winners will be chosen at random three times throughout the Promotion. There will be exactly three randomly predetermined and exact times (“Winning Time”) within the Promotion that a Prize will be awarded. An eligible entrant who enters the Promotion at the exact Winning Time will be notified and awarded a Prize. If no eligible participant enters at a Winning Time, the next entry after the Winning Time will be considered entered at that Winning Time. If a participant enters at a Winning Time but is later determined to be ineligible for whatever reason the Sponsor reserves the right to award the Prize to the next eligible entry after the Winning Time that was associated with the ineligible participant or to withhold the Prize and award the Prize to no one. No eligible entrant may win more than one Prize during the Promotion. Eligible participants will be notified via the e-mail address they provided as part of the entry process that they won, subject to their signing of an affidavit stating their eligibility. Participants will not be considered Winners until all necessary eligibility verification has been completed.
Restrictions and Substitutions: In no event will more than three Prizes be awarded during the Promotion. In the event of any mechanical, technical, typographical, administrative, computer, production, or other errors in which any such error results notification to more than three entrants that they may have won, a drawing will be held in which three winners will be selected at random from among the eligible potential entrants.
In the event the Promotion cannot be offered or operated as intended, for any reason, the Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate, or suspend the Promotion. This reservation includes modifying the manner in which winners are selected so long as it is fair and reasonable and all eligible entrants have equal chance to win.
In the event an eligible participant cannot be notified, or does not respond to the Sponsor’s notification that the eligible participant won a Prize within thirty (30) days from the date the Sponsor sent the notification, the Sponsor reserves the right to award the Prize to the next eligible entrant who entered after the Winning Time associated with that Prize. Eligible participants are solely responsible for providing valid and current contact information in the entry forms. Sponsor owes no duties to potential winners who Sponsor is unable to contact through the contact information provided by the potential winner. Sponsor is not responsible for lost, blocked, misidentified, undelivered, or unobserved e-mails.
How to Claim a Prize: Eligible entrants who receive notification they have won a Prize must verify their eligibility and compliance with the Official Rules. Any prize won by an entrant later deemed to be ineligible will be forfeited, but the Sponsor reserves the right to award the Prize to the next eligible entrant after the Winning Time. An eligible entrant must complete and execute an affidavit of eligibility to be considered a Winner and will receive the Prize within thirty (30) days of execution of the affidavit of eligibility. A Prize winner is not responsible for any shipping and handling fees to receive the Prize but will be responsible for payment of any and all local, federal, or state taxes applicable to the Prize won. Sponsor will issue an IRS Form 1099-MISC for each winner, which will require each winner to provide the winner’s social security number to Sponsor. A Prize will only be awarded to entrants who can prove eligibility and compliance with the Official Rules.
In the event of a dispute regarding the identity of an e-mail holder, the winning participant will be the eligible entrant who can provide proof of residence at the physical address provided and who is the authorized account holder of the e-mail address provided on the entry form. “Authorized account holder” means the eligible participant who is identified as the owner of the e-mail address used in the entry form by an internet access or online services provider or other assigning organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Advertising and Publicity Rights: All Winners in the Promotion, including, without limitation, winners, agree to allow Sponsor and or Sponsor’s representatives a ten year license to use the participant’s name, likeness, image, biographical information and other indicia of personal identity, as well as the participant’s statements, for trade, promotion, marketing, advertising, commercial, and publicity purposes at any time or times without further compensation or right of approval, unless prohibited by law. This authorization applies to all current forms of media and those not yet discovered including but not limited to print, digital, optical, magnetic, radio, television, film, motion picture, video on demand, cablecast, broadcast, mobile and mobile application, without notice, review, or approval and without additional compensation, except where prohibited by law.
Disputes: This Promotion is governed by, and will be construed in accordance with, the laws of the State of Ohio, without giving effect to any of its conflict of laws provisions thereof. The exclusive forum and venue for any legal suit, action, proceeding, or other dispute arising out of or relating to the Promotion and these Official Rules will be the applicable federal or state courts located in Franklin County, Ohio. If any dispute is not resolved through discussions and/or mediation between the parties, it shall then be resolved by final and binding arbitration administered by JAMS in accordance with its arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). Any proceeding brought pursuant to this Paragraph will be brought in Franklin County, Ohio. The only remedy available for any claim is actual damages and no party shall be entitled to recover punitive, incidental, consequential, or exemplary damages. Further, no party shall have the right to have damages multiplied or otherwise increased including but not limited to attorneys’ fees, court costs, or other such costs related to bringing a claim. No party shall have the right to seek injunctive relief, attempt to excuse the terms of the Official Rules, or seek any other equitable relief. The JAMS Rules for selection of an arbitrator shall be followed, except that the Arbitrator must be licensed to practice law in Ohio. Entrants agree that the rights and obligations of any entrant shall be resolved individually, and without resort to any form of class action. Any demand for arbitration must be filed within one (1) year from the end of the Promotion Period, or the cause of action shall be forever barred.
Rights of the Sponsor: In addition to any and all rights provided above, the Sponsor shall have the sole right to disqualify any entrant found, in the Sponsor’s opinion, to have violated the Official Rules, or the spirit of the same, or otherwise tampered with the entry process or operation of the Promotion, or if such entrant repeatedly shows disregard for, or attempts to circumvent, these Official Rules, or acts: (i) in a manner Sponsor determines to not be fair or equitable; (ii) with an intent to threaten or harass any other participant; or (iii) in any other disruptive manner. Any use of third-party, robotic, programed, automatic, robotic, or any other like or similarly intended device or software to participate in the Promotion will disqualify any entrants associated with those methods and disqualify the individual(s) who implemented them. Should any participant attempt to purposefully interfere with, undermine, or damage the Promotion, or any hosting website, such attempts are a violation of criminal and civil laws and the Sponsor reserves the right to seek damages or any other remedies available under the law from such participant.
Sponsor’s Decisions Binding, Severability, and Priority of Official Rules: Sponsor’s interpretation of the Official Rules is final and binding in all matters related to the Promotion. Should any provision of the Official Rules or any word, clause, phrase, sentence, or portion thereof be held unenforceable or invalid for any reason, then such identified provision or word, clause, phrase, sentence, or portion thereof will be severed and the remaining Official Rules will be remain valid and enforceable. Sponsor’s failure to enforce any of the Official Rules, or any portion thereof, does not constitute a waiver of the same. In the event of any conflict between the Official Rules and any other Promotion details found in any Promotion advertising, the Official Rules shall control.
Limitation of Liability: Entrants agree that the Sponsor, and its respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, misdirected, or undeliverable mail or e-mail notifications; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility; or any technical, mechanical, printing, delivery, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting or using a Prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
By entering the Promotion, each entrant agrees, except where prohibited by law: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the participant’s entries, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Game Play (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Further, everything regarding this Promotion, including the website, entry forms, and Prizes are provided “As is” without warranty of any kind, either express or implied, as allowed by the law in each jurisdiction the Promotion is being offered.
Winners List: Sponsor will provide a list of Winners to anyone who requests such a list at the following e-mail address email@example.com. With the subject: Golden Can Promotion Winner List. Such request must be received no later than Friday October 29, 2021.