“Run the Jewels X Brooklyn Brewery Label Art” Contest
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
- The “Run the Jewels X Brooklyn Brewery Label Art” Contest (the “Contest”) is a Contest to design artwork and labeling for a beer product and is intended for legal residents of the United States of America and shall only be construed and evaluated according to applicable U.S. law and applicable state law. Do not enter this Contest if you are not located in the United States or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Contest is sponsored by The Brooklyn Brewery Corporation, 1 Brewers Row, 79 North 11th, Brooklyn, NY 11249 and RTJ Licensing, Inc. at c/o Level Group Ltd., 404 BNA Drive, Suite 203, Nashville, TN 37217 (each a “Sponsor” and collectively the “Sponsors”).
ELIGIBILITY: The Contest is open to legal U.S. residents who have primary residence in one (1) of the following states: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Utah, Washington, Wisconsin, or the District of Columbia. In addition, the Contest is only open to those who are at least twenty-one (21) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants” or “you”). Employees, officers and representatives of the Sponsors, (the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (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 are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law.(For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
AGREEMENT TO OFFICIAL RULES:By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all matters relating to the Contest. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER:The Contest begins at 12:00:00 a.m. Eastern Time (“ET”) on March 7, 2022 and ends at 11:59:59 p.m. ET on April 6, 2022 (“Contest Period”). The Sponsors’ database computer is the official time-keeping device for the Contest. During the Contest Period, Entrants can enter the Contest by completing the Contest Entry Form (the “Website”) and submit their original artwork (the “Artwork”) pursuant to the instructions. At the Website, Entrants will be asked to provide their full name, mailing address, email address and phone number. Each completed registration form will generate one (1) entry into the Contest. Limit one (1) registration entry per Entrant. Registrations in excess of one (1) registration shall disqualify Entrant.
- Artwork & Intellectual Property: (a) Any and all Artwork submitted by Entrants must be original and shall not infringe the rights of any third party. Entrants must create Artwork without using or referencing any works or intellectual property of any other person, except as expressly permitted pursuant to the instructions on the Contest Site. If you violate this provision you will be disqualified from the Contest. By participating in the Contest, you grant Sponsors and the Released Parties a non-exclusive, limited, worldwide license to copy, modify, transmit, publicly display and exhibit, the Artwork (in whole or in part) on Sponsors’ and Released Parties’ websites, media and social media channels throughout the world in perpetuity for marketing and promotional purposes in connection with the Contest and Sponsors; to otherwise administer the Contest or to otherwise market or promote Sponsors or their services or products. If you are not selected as an Winner you will retain all rights in the original portions of your Works, subject to the foregoing limited license and provided further that you shall not have the right to make any use of any Artwork which contains any trademarks, service marks, copyrights, other logos, indicia and graphic art elements owned or controlled by Sponsors in any manner (collectively, “Sponsor IP”).
(b) Entrants acknowledge that submissions are made on a non-confidential basis and that, except for the Winners, no promise of payment has been made for the use of your Works. Entrants further acknowledge that Sponsors engage in the creation, acquisition, and development of creative materials which may coincidentally resemble ’Entrant's Artwork. As such, Entrants waive all claims of infringement, misuse, or misappropriation of the Artwork. In the event that Entrant’s Artwork is published by Sponsors or the Released Parties, all reasonable efforts will be taken to ensure Entrant will be credited. However, failure to provide the foregoing credit shall be considered an error or oversight and shall not constitute a breach of these rules or an infringement of your copyright.
(c) In consideration of Winner’s acceptance of any Prize if awarded, the sufficiency of which Entrant acknowledges, RTJ Licensing, Inc. shall own any and all rights to the Artwork throughout the world in perpetuity as a work made for hire in accordance with United States copyright law. To the extent that the Artwork cannot be deemed a work made for hire, Entrants hereby assigns and transfers any and all rights to the Artwork to RTJ Licensing, Inc. throughout the world in perpetuity. RTJ Licensing, Inc., its assigns, designees and licensees shall have the exclusive right to exploit the Artwork in any manner or medium throughout the world in perpetuity including the right to use or register the Artwork as a trademark. Winner hereby waives any and all so-called “moral rights” or “author’s rights” in connection with the Artwork and the foregoing transfer of rights. Entrant acknowledges that (i) it shall receive no other compensation other than as set out in the applicable Contest Prize; (ii) Sponsors are under no affirmative obligation to provide any credit except as provided in the immediately preceding Section 5(b); and (iii) Notwithstanding the provisions set forth below, Entrant shall not have the right to seek legal or equitable relief or commence any action against Sponsors, their assigns, designees and licensees in connection with their use of the Artwork or seek to enjoin use of the Artwork in any manner. Any Winner shall upon written request (email being deemed sufficient for such requests) execute any documents required by Sponsors or any Sponsor to further effectuate the grant of rights contained in this Section 5. In the event that Entrant fails to execute any document so requested within five (5) days of a Sponsor’s written request then Entrant hereby appoints Sponsor grants Sponsor a power of attorney to execute such documents in its name. The foregoing power of attorney is coupled with an interest and is irrevocable.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any (vi) any other causes beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsors reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsors reserve the right, at their sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsors’ Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsors to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online 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.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsors, their assigns, designees, licensees, shareholders, directors, employees and affiliated parties (collectively, “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Contest; (iii) printing errors; (iv) errors in the administration of the Contest or the processing of entries; (v) anyfailure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that Sponsors shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Sponsors shall use reasonable notice to provide any affected party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure; and (vi) injury, death, 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 of a Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsors on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
SELECTION AND NOTIFICATION: The potential Prize Winners will each be selected in a by the Sponsors. The selection will be conducted on or about April 13, 2022. All potential Winners will be contacted by the Sponsors (or Administrator) via phone, email, and/or USPS mail.
PRIZES: There will be one (1) Grand Prize, one (1) Second Place Prize, and one (1) Third Place Prize awarded. Each Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive:
Grand Prize:A one-time cash prize of USD$1,500, two (2) tickets to see Run The Jewels at Madison Square Garden in 2022 one (1) Run The Jewels hooded sweatshirt, one (1) copy of RTJ 4 vinyl album, one (1) Private Small Batch Tour of Brooklyn Brewery for up to 10 people on dates to be determined by Sponsors, one (1) $100 gift card for Brooklyn Brewery merchandise, one (1) $100 Brooklyn Brewery gift card (Approx. value: $2650).
Second Place Prize:One (1) Run The Jewels hooded sweatshirt, one (1) Run The Jewels T-Shirt, one (1) RTJ 4 vinyl album one (1) $50 gift card for Brooklyn Brewery merchandise, one (1) $50 Brooklyn Brewery gift card beer (approx. value: $375).
Third Place Prize: One (1) RTJ hoodie, one (1) RTJ 4 vinyl album, one (1) $50 gift card for Brooklyn Brewery merchandise, one (1) $50 Brooklyn Brewery gift card (approx. value: $350).
(each prize above being deemed a “Prize” and collectively, the “Prizes”)
The Approximate Retail Value (“ARV”) of the total prize pool is $3,375.00. NOTE: Grand Prize concert tickets for the Grand Prize Winner shall be for a Run The Jewels performance date at Madison Square Garden chosen by Sponsors in their sole discretion and Sponsors shall not be responsible for any transportation, accommodations or other costs in connection with the Grand Prize Winner’s attendance at the applicable performance. Sponsors not responsible for any transportation or other costs related to the Grand Prize Brooklyn Brewery VIP tour. Upon verification of the relevant addresses and information, delivery of the final Artwork by April 20, 2022 pursuant to Sponsors’ written instructions and Winners’ signature of the Affidavit , Sponsors shall send the Prizes excluding the performance tickets within ninety (90) days of the end of the Contest. In the event that the foregoing requirements are not completed by Entrant, Sponsors reserve the right to disqualify Entrant and pick another winner. Substitution, assignment or transfer of the Prizes are not permitted, except by Sponsors, who reserve the right to substitute the Prizes or any Prize component with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, representatives and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize. The potential Winners must each sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winners must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsors’ sole discretion, an alternate Winner may be selected.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsors and the Released Parties (which grant will be confirmed in writing upon Sponsors’ request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. Failure to submit the final Artwork to Sponsors as instructed by Sponsors shall be deemed forfeiture of any Prize.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
By participating, Entrants release and agree to indemnify and hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON COPYRIGHT, TRADEMARK OR ANY OTHER INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize and Sponsors and Released Parties’ use and exploitation of the Artwork in any manner. The Sponsors and Released Parties shall at all times have the right to control the defense of any claim to which the foregoing indemnity applies and to settle any such claims in their sole discretion. The Winners shall make any payment related to the foregoing indemnity within five (5) days of written demand therefor. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize.
DISPUTES:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s, province’s, or jurisdiction’s laws. By participating in the Contest, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the State of New York; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsors. This Agreement may be assigned by Sponsors. It may not be assigned by any Entrant or Winner. The waiver by Sponsors or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsors, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsors, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by June 15, 2022, to: ”Run the Jewels X Brooklyn Brewery Art Contest Winners List Request”, 404 BNA Drive, Suite 203, Nashville, TN 37217.
This Contest is not in any manner sponsored, endorsed, administered by, or associated with Instagram, Twitter, or Facebook.