The Golden Monkey Tales Contest Official Rules
- Eligibility: The “Golden Monkey Tales Contest” (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of the date of entry. Officers, directors and employees of Victory Brewing Company (“Sponsor”), Southern Tier Brewing Company, Artisanal Brewing Ventures, their affiliates, subsidiaries, licensed alcoholic beverage retailers and wholesalers, and other alcoholic beverage licensees, advertising and production agencies, and members of their immediate families and those living in the same household are not eligible to participate. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. By participating in this Contest, you (also referred to herein as “Entrant”) agree to be bound by the Official Rules (“Official Rules”) at “respectthemonkey.victorybeer.com”.
- Sponsor: Victory Brewing Company 420 Acorn Lane, Downingtown, PA 19335
- Agreement to Official Rules: Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- General Terms: By participating in the Contest, Entrant warrants and represents that none of the material submitted or posted infringes upon or otherwise violates the copyright, trademark, privacy, publicity or other intellectual or proprietary rights of any person or entity and that Entrant has fully complied with the Official Rules. Prize acceptance constitutes permission (except where prohibited) to use winner’s name, likeness and entry (in whole or in part) for publicity purposes in all forms of media including the worldwide Internet without compensation, notification or permission. Sponsor shall have the perpetual and worldwide right to use any materials submitted by Entrant in connection with the Contest. ENTRANT AGREES TO BE BOUND BY THE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES AND TO RELEASE AND HOLD HARMLESS SPONSOR, ITS RELATED COMPANIES, DISTRIBUTORS AND RETAILERS OF VICTORY BREWING COMPANY PRODUCTS, AFFILIATES, ADVERTISING, PROMOTION, JUDGING AGENCIES, DIRECTORS, OFFICERS, PRIZE SUPPLIERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE CONTEST, OR THE DOWNLOADING, ACCESSING OR SUBMISSION OF ENTRY MATERIALS. By participating in the Contest, Entrant agrees that Sponsor shall have the right to use all personal information provided to Sponsor. Entrant, by participating in this Contest, hereby waives and releases, and agrees to hold harmless the Sponsor, distributors and retailers of Victory products, affiliates, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a prize in the Contest, or their participation in the Contest, or their participation in any Contest or prize -related activity, or any travel related to the Contest, or any travel for any prize-related activity, or the participant selection process and any failure of the Sponsor to select Entrant to participate in the Contest, the cancellation of the Contest, or any taxes or other obligations incurred as a result of participation in the Contest, on any legal or equitable theory whatsoever (including, without limitation, negligence, rights of privacy and publicity, defamation, false light, infliction of emotional distress, breach of contract, copyright infringement, and claims based on dissatisfaction with any prize). Entrant agrees to accept and assume any and all risks, hazards and dangers regardless of whether they are detailed in these Official Rules or any other portion of the application or rules, and agrees to waive, release and indemnify the Released Parties in connection with the Contest, its risks, hazards and dangers. Entrant agrees to the maximum extent permitted by law, not to sue or institute any legal proceedings against Sponsor or any of its Released Parties based on any of the released claims hereunder. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold free and harmless Sponsor and each Released Party from and against any and all liabilities, claims, actions, damages, expenses, losses, and costs of any kind (including, without limitation, attorneys’ fees and costs) caused by or arising out of Entrant’s participation in or in connection with the Contest. Sponsor and its agents are not responsible for lost, late, misdirected, damaged, incomplete or illegible entries or Internet technical, hardware, software, telephone, or transmission failures of any kind, which may limit a person’s ability to enter the Contest. Sponsor and its agents are not responsible for any injury or damage to Entrant’s or any other person’s computer related to or resulting from entering or downloading any materials in the Contest. Sponsor reserves the right to cancel or suspend the Contest on the Internet should a computer virus, unauthorized intervention or other cause corrupt the integrity or proper conduct of the promotion. Sponsor reserves the right to disqualify any Entrant found to be disrupting the operation of the Contest or its web site. If the integrity of the Internet portion of the Contest is compromised in any manner, Sponsor reserves the right to modify Contest and judge winners from valid entries received that are unaffected by the problem. In the event of a dispute as to the identity of any online contestant, Entrant will be deemed the individual named on the online entry form.
By entering this contest, Entrant represents and warrants that its Entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, Entrant will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Released Parties from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which any Released Party may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
NO PURCHASE NECESSARY TO ENTER OR WIN.
- Timing: Contest begins on August 29th, 2016 at 12:00 a.m. Eastern Time (“ET”) and ends on October 28th, 2016 at 11:59 p.m. ET and consists of three (3) phases as set forth below:
Start Date- August 29th, 2016 at 12:00 a.m. ET
End Date- October 10th, 2016 at 11:59 p.m. ET
Start Date- October 11th, 2016 at 12:00 a.m. ET
End Date- October 14th, 2016 at 7:00 p.m. ET
Start Date- October 15th, 2016 at 12:00 a.m. ET
End Date- October 28th, 2016 at 11:59 p.m. ET
Winner to be announced on October 29th, 2016 at 7:00 p.m. ET
- How To Enter: During the Entry Phase, visit respectthemonkey.victorybeer.com (the “Website”) and follow the online instructions to complete and submit the registration form,
By uploading your Golden Monkey Tales Entry, Entrant agrees that it conforms to the Entry Guidelines and Prohibited Content as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove the Entry and disqualify Entrant from the Contest if it believes that the Entry fails to conform to the Guidelines and Restrictions.
The Entry must be in English;
The photo(s) must be in a jpeg or png format;
The photo(s) must not exceed 5MB in size;
The video(s) must not exceed thirty (30) MB in size.
Entry Guidelines & Prohibited Content:
Entry must meet the following requirements:
Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Entrant agrees not to ridicule, disparage, libel, make fun of, engage in speech that is materially injurious to, or place in a negative light the Contest, the Sponsor, or other licensee, or any of the Sponsor’s products or services, or their respective personnel or otherwise be critical of Sponsor’s policies or procedures in a material way, nor commit any civil or criminal offense under Federal, State or local laws or be involved in any situation or occurrence which subjects Entrant, Sponsor, or other licensee or any of the foregoing sponsors to scandal, disrepute, widespread contempt or public ridicule, or which is widely deemed by members of the public, including without limitation, to members of the advertising community, to embarrass, offend, insult or designate individuals or groups.
Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the World in any manner whatsoever and for any purpose.
Entry cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, reference nudity or any materially dangerous activity; (b) promote the excessive or irresponsible consumption of alcohol, or promote illegal use of alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain an image of anyone under 21 years of age; (e) otherwise fails to comply with the Beer Institute Advertising and Marketing Code as made publicly available at the following online location: http://www.beerinstitute.org/assets/uploads/general-upload/2015-Beer-Ad-Code-Brochure.pdf; (f) contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Victory Brewing Company), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (g) contain copyrighted materials owned by others without permission; (h) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (i) refer to or depict any names, logos or readily recognizable features of a retailer of alcohol beverages (such as a grocery store, convenience store, restaurant, bar, or any other retail location that sells alcohol beverages); or (j) depict, and cannot itself be in, violation of any law.
Entrant warrants and represents that the Entry: (a) is Entrant’s original work, (b) has not been previously published; (c) has not received previous awards; and (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
Any Entrant whose Entry includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of Entrant as a winner.
Any Entry that, in the sole opinion of Sponsor, is not in accordance with the guidelines as stated herein or on the Website, or is deemed to be inappropriate for publication is ineligible.
Incomplete, illegible, deceptive or garbled Entries are not eligible.
Entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
All Entries are subject to Sponsor’s Digital Millennium Copyright Act policy, as follows:
Digital Millennium Copyright Act—Victory Brewing Company is committed to respecting and protecting the legal rights of copyright owners. As such, Victory Brewing Company adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Entry infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to the Victory Brewing Company’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Entrant agrees it does not have any knowledge or access to anyone with knowledge of or access to any material, assignments, challenges or competitions that may be incorporated into the Contest. Any statements made by Entrant during the Contest are true and accurate. Entrant agrees that participation in the Contest will not violate or infringe upon any rights of any third party.
Entrant agrees that it is voluntarily participating in the Contest. Entrant will not receive any compensation for participation, other than to be considered as a participant in the Contest. Neither Sponsor nor anyone associated with the Contest has made any promises with regard to the Contest, including without limitation, that Entrant will be entitled to any prize. By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, that it will not place Sponsor under any obligation other than as stated in these Official Rules, that Sponsor is free to publish or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By participating, you acknowledge that your Entry may be posted on the Website, in Sponsor’s sole discretion. Sponsor reserves the right to edit any entries. Entries posted to the Website are the views/opinions of the individual Entrant and do not reflect the views of the Sponsor in any manner. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
Entrant agrees to participate in any and all other activities required by Sponsor in connection with the Contest, either before, during or after the Contest, on such dates and at such locations as Sponsor shall reasonably designate, including without limitation, all advertising, publicity, and other activities (including but not limited to, the creation of blogs, vlogs, video diaries, webisodes, e-mails and text/picture messages) in and in connection with the Contest as requested by Sponsor.
Entrant must have permission from all members that appear in the Entry to use their name and likeness in the Entry and to grant the rights set forth herein. If requested, Entrant must be able to provide such permissions in a form acceptable to Sponsor. Sponsor will disqualify any Entry that had any unwilling participants. Released Parties (as defined in Section 4, above) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void.
In the event of a dispute as to any Entry, the authorized account holder of the email address used to register will be deemed to be the Entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder. Sponsor will disqualify an Entrant if it fails to provide proof of being the authorized account holder.
Entrant understands that in the event of a malfunction, interruption, discontinuation, disruption or dispute of any nature whatsoever affecting the Contest or any Contest activity, Sponsor’s decision with respect to the handling of such event shall be final.
- Finalist Determination: Finalists will be determined according to the process set forth below.
- Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will judge the Entries received to determine the top 5 Photo Finalists and the top 5 Video Finalists (collectively, the “Finalists”) based on the following judging criteria:
All entries will be judged by a panel of judges comprised of creative professionals based on the following criteria: a.) originality (25%), b.) creativity of presentation (25%), c.) appropriateness to Contest Theme of “Golden Monkey Tales” (30%), and d.) public appeal as determined by public votes received (20%). In the event of a tie, an additional judge will be added to the panel. Decisions of the judges shall be final in all matters related to this Contest.
The 5 Photo Finalists and the 5 Video Finalists with the highest-scoring Entries will be deemed the Finalists. The Finalists will be posted via our website and corporate social platforms on October 14th, 2016 at 8 p.m.
- Voting Phase: During the Voting Phase, the Finalists’ Entries will be posted in an online gallery for public voting on the Website. Visitors to the Website who are residents of the United States twenty-one (21) years of age or older will have the opportunity to cast their votes for both the photo Entry and the video entry they believe has the most “Public Appeal”. The Photo Entry and the Video Entry with the most votes will be deemed the Grand Prize winner.
- Finalist and Winner Requirements: Except where prohibited, each Finalist will be required to sign and return an Eligibility, Waiver and Release in the form attached, which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to have his/her Entry posted on Sponsor’s website. In addition, Finalist and other person prominently featured in the photo or video or any copyrighted work featured in the photo or video will execute and return an Image Release Form in the form attached. If a Finalist cannot be contacted, fails to execute and return the Eligibility, Waiver and Release or provide any other requested information within the required time period (if applicable)or does not comply with the Official Rules, then Sponsor reserves the right to choose a replacement Finalist and such other Finalist forfeits any prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only two (2) alternate winners may be determined, after which the applicable prize will remain unawarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Entry, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity.
- Prizes: The 5 photo Finalists and the 5 video Finalists will receive a t-shirt and small swag items. The Photo and Video Grand Prize winners will receive a Golden Monkey prize package featuring signed memorabilia valued at $300. Prizes do not include alcoholic beverages. No substitution for prize, unless at Sponsor’s sole discretion. Prize is not transferable. All taxes are the winner’s responsibility.
- Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies 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 the Contest or receipt or use or misuse of any prize.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
- Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of entries or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any entry.
- Governing Law; Dispute Resolution: Entrant agrees that any controversy or claim arising out of or relating to the Contest shall be settled by arbitration administered by the American Arbitration Association in Chester County, Pennsylvania in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Chester County, Pennsylvania. This Contest is subject to and governed by the laws of the Commonwealth of Pennsylvania, without respect to conflict of laws doctrines. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Entrant further waives all rights to have damages multiplied or increased. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- Winners’ List: For a list of winners, send a self-addressed stamped envelope to: Victory Brewing Company, ATTN: Golden Monkey Tales Contest, 420 Acorn Lane, Downingtown PA 19335.