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DRINKIN’ VON HINKEN COMPETITION

Official Rules

**As per Rule I, Section C below, VHRF Brewing LLC has modified these Official Rules by allowing for participation by legal residents of the fifty (50) United States and Washington, DC, in addition to residents of Florida.  This modification will take effect beginning 8/14/23.

NO PURCHASE (OF ALCOHOL OR ANY OTHER PRODUCT) NECESSARY. NO ENTRY FEE.  BY ENTERING THIS PROMOTION, YOU ACCEPT AND AGREE TO THESE OFFICIAL RULES AND AGREE TO BE BOUND THEREBY.

Open only to legal  residents of the (50) United States and Washington, DC, who are 21 years of age or older.

Sponsored by: VHRF Brewing LLC, Orlando, FL 32811

I.         OVERVIEW: a)   Sponsor will offer the Competition on a weekly basis. Each week of the Competition is a “Weekly Competition” and, collectively, the Weekly Competitions comprise the Competition. Each Weekly Competition will begin on a Monday at 12:00:00 a.m. Eastern Time (“ET”) and end on the following Sunday at 11:59:59 p.m. ET.  Each Weekly Competition will have its own prize and is separate and apart from all previous and subsequent Weekly Competitions. Each Weekly Competition will consist solely of eligible entries received during that Weekly Competition; entries will NOT be retained for subsequent Weekly Competitions. b)   Sponsor reserves the right to terminate, suspend or modify Weekly Competition(s) due to a force majeure event as per Rule XI below. c)   Sponsor further reserves the right to suspend, modify or terminate offering Weekly Competitions prospectively, in the absence of a force majeure event by providing a minimum of two (2) weeks’ notice on its official Instagram† page,@Von_Hinken (www.instagram.com/Von_Hinken), as well as on its website,Von-Hinken.com (“Website”).

†There’s no fee to join and use the Instagram social media platform. But, optimal use of Instagram requires downloading the Instagram app, for which a compatible mobile device IS necessary.  If participating via mobile device, your wireless carrier may impose charges including for wireless Internet access.

II.           HOW TO ENTER: a)   Post a photo or video yourself with a can of Von Hinken beer, glassware featuring the Von Hinken brand, or Von Hinken merchandise**. Von Hinken beer is currently available for purchase only in the State of Florida. b) Follow @Von_Hinken on Instagram (if you do not already). c)   Post the photo or video on your public Instagram account, including @Von_Hinken and #WeeklyContest in the photo’s caption.‡ d) Sponsor may include a specific theme for a given Weekly Competition; for example, the Weekly Competition for Monday, October 24, 2022 – Sunday, October 30, 2022 could relate to Halloween. The introduction of a specific theme will be posted on both @Von_Hinken and Website. Should Sponsor introduce a specific theme for a given Weekly Competition, all photo/video entries for that Weekly Competition must relate to such theme (in addition to complying with all other requirements set forth herein.)

**Inclusion of a can, glassware, or merchandise of Von Hinken beer is NOT required. Alternatively, the photo or video may include the words “VON HINKEN” on a placard or the VON HINKEN logo which is available via downloadable graphic. (If you are eligible for the Competition but not a Florida resident and are not physically present in Florida with access to Von Hinken beer, you should enter the Competition via this method.)

‡If #WeeklyContest #Contest or a hashtag indicating you are knowingly participating in a contest is not included in a photo’s/video’s caption, it will NOT be entered in the Competition. #WeeklyContest or similar acknowledgement of a contest indicates that (e.g. #contest), in posting a photo or video, you understand that you are entering a promotional contest sponsored by VHRF Brewing, LLC to advertise its Von Hinken brand of beer. 

III.            RESTRICTIONS ON ENTRY:

a)   By posting a photo or video and entering the Competition, you accept and agree to these Official Rules as well as the decisions of Sponsor which are final and binding in all respects and not subject to appeal. b)   Personal information collected from entrants will only be used by Sponsor for purposes of administration of the Competition. Entrants will not be signed up to receive e-mail or other promotional communications from Sponsor. c)Except for the can, glassware or merchandise of Von Hinken beer (or alternative to same as discussed in Rule II above), you represent and warrant that the photo or video is your own original work product. For video, this includes any music or audio component of same. d)   A given person may enter each Weekly Competition more than once, provided that the same photo/video is not posted more than once. e)   To the extent that your photo or video constitutes an endorsement of Von Hinken beer, you affirm that it constitutes your honest opinion of (and actual experience with) Von Hinken beer as well as agreeing upon Sponsor’s request from time to time and without compensation to advise whether or not you still hold such opinions regarding Von Hinken beer. f)Use of automated, robotic or programmed means of participation (including the use of third party services to participate) is prohibited. Over-reliance on photo-editing software, filters, video special effects and like mechanisms will result in photo/video not being accepted as an entry in the Competition. g)   Proof of posting of photo or video does not constitute proof of Sponsor’s receipt of same or proof of entry in a Weekly Competition. h)   Any acknowledgment of receipt of entry/photo or video by Sponsor does not constitute any representation of eligibility or selection of that photo/video as the prize winning entry in the applicable Weekly Competition. i)     Once posted, entrant cannot modify, supplement or edit their photo/video/entry.

1.           RESTRICTIONS ON CONTENT OF ENTRY:

A photo/video will NOT result in entry in a Weekly Competition if Sponsor determines in its sole discretion that it violates one or more of the following restrictions on its content.  In addition to such photo/video not being entered in a Weekly Competition, Sponsor further reserves the right to petition Meta Platforms, Inc. to remove any violative photo/video from its Instagram platform. (For clarity, Sponsor may determine that a photo/video will not be entered in a Weekly Competition even if the photo/video is in full compliance with Instagram’s Community Guidelines.)

a)   Photo/video includes content that may infringe the trademark or copyright or other intellectual property rights of someone else. No copying! This includes product names and logos (OTHER THAN Van Hinken beer) as well as background music for videos. If someone else helped you in creating or submitting your photo or video, get their permission. b)   Photo/video references or identifies a person without their consent. This includesathletes, actors and celebrities as well as your buddies. c)   Photo/video includes content that demeans, insults or denigrates another individual because of his/her race, religion, national origin, ethnicity, gender/gender identification, sexual orientation, citizenship status, disability or other classification protected under law.  Good vibes only. d)   Photo/video includes content that is pornographic, sexually suggestive, profane, obscene or otherwise inappropriate. Don’t include anything that Mom wouldn’t approve of. e)   Photo/video includes religious, political or controversial content.  No need to go there as it’s all about the beer. f)     Photo/video depicts acts of violence, illegal conduct or animal cruelty. Color within the lines; no fussing or fighting. g)   Photo/video includes personal information about you or any other person, such as full name, e-mail address, phone number or street address. Don’t share anything unless you want EVERYONE to know it; this isn’t a private convo. h) Photo/video does not relate to Von Hinken beer.  That’s the point, right? i)     Photo/video has been previously published.  Keep it fresh. j)   Photo/video states/suggests that alcohol consumption is appropriate in conjunction with operating a motor vehicle or engaging in other activities which require concentration and dexterity. Enjoy our product responsibly, off-camera. k)   Photo/video references or identifies a person who looks like he/she is under 21. Photo includes any material that generally appeals to children (e.g., cartoon characters).  We love kids, but not in our Competition. l) Photo/video includes any content that reflects negatively on or adversely affects the business reputation and goodwill of Von Hinken beer.  Don’t hate on us. m) Photo/video includes any content that states or implies that Von Hinken beer may be lawfully purchased anywhere other than the State of Florida. We’re looking to make our special brew available throughout our great country but haven’t gotten there quite yet.

 

          GRANT OF RIGHTS IN PHOTO/VIDEO ENTRY: a)   By posting a photo/video, you grant to Sponsor the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit your photo/video/entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to you. b)    By posting a photo/video, you also waive any “Moral Rights of Authors” (“Droit Moral”) or similar natural rights of ownership that you may have in the photo/video/entry under statutory or common law. c)    Posting a photo/video constitutes your understanding and agreement that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it by outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) your photo/video/entry in a Weekly Competition and that Sponsor shall have no liability to you or any third party in conjunction therewith under any legal theory. d)    You understand and agree that Sponsor does not have any duty of confidentiality or other fiduciary duty to you relative to your photo/video/entry. e)    You agree, upon Sponsor’s request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this Rule. f) POSTED PHOTO OR VIDEO REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PROSPECTIVE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH POSTED PHOTOS/VIDEOS INCLUDING BUT NOT LIMITED TO LIABILITY FOR MODERATING, MONITORING OR REVIEWING THE CONTENT OF POSTED PHOTOS/VIDEOS. SPONSOR WILL NOT EDIT OR MODIFY PHOTOS/VIDEOS POSTED BY ENTRANTS IN CONJUNCTION WITH THE ADMINISTRATION OF THE COMPETITION. WINNER DETERMINATION: a)   For each Weekly Competition, Sponsor will evaluate all eligible entries/photos/videos received, using the following equally weighted judging criteria– creativity; originality; interest in Von Hinken beer. In judging, Sponsor will take into account whether the entry was submitted in photo or video format.  In the event of a tie, the entry/photo/video with the higher/highest score in “interest in Von Hinken beer” will be deemed the potential winner for the applicable Weekly Competition. b)   The judging for each Weekly Competition will occur on or about the Monday after the conclusion of that Weekly Competition.

VII.             WINNER NOTIFICATION:

a)   Potential winners will be notified by direct message from the @Von_Hinken .  IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO CONFIRM THAT HIS/HER PRIVACY SETTINGS ALLOW FOR THE @Von_Hinken TO NOTIFY HIM/HER VIA DIRECT MESSAGE. Potential winner must reply to winner notification direct message within (24) hours of transmission; if potential winner fails to do so for any reason, prize will be forfeited without compensation and  Sponsor will not have any liability to such potential winner under any legal theory. WITHOUT LIMITATION, SPONSOR DISCLAIMS ANY AND ALL LIABILITY FOR LATE, LOST, DELAYED OR UNDELIVERABLE WINNER NOTIFICATION DIRECT MESSAGES OR REPLIES TO SAME, REGARDLESS OF CAUSE. b)   Potential winner must complete, sign and return a Declaration of Eligibility, Liability Release and Publicity Release (where legal), within (24) hours of transmission in order to remain eligible to win prize.   Failure to do so will result in prize forfeiture without compensation and Sponsor will not have any liability to such potential winner under any legal theory. c)   In all cases of prize forfeiture, Sponsor will offer the prize to the entrant whose entry/photo/video was ranked next highest in the judging for the applicable Weekly Competition.   VIII.              PRIZE. a)   A prize of $1000 will be offered in each Weekly Competition, to be awarded via Cash App.** To set up a free account, go tocash.app or download the Cash App to a compatible mobile device. A valid e-mail address or mobile phone number is required to create a Cash App account. b) Winning entry will be reposted on @Von_Hinken . After (48) hours of posting the winning photo/video, prize will be awarded to winner. However, should Sponsor receive any notification within the aforementioned (48) hour period from a third party that the winning photo/video violates such third party’s rights, Sponsor reserves the right to delay award of the prize until such time that such third party’s assertion of rights has been resolved to Sponsor’s satisfaction as determined in its sole discretion. (Should such third party’s assertion of rights not be resolved to Sponsor’s satisfaction, the prize will be forfeited by the winner as per VII(c) above, without liability to Sponsor under any legal theory.) c)   Winner is solely responsible for any and all unspecified expenses incurred in conjunction with acceptance and use of prize. d)   Prize is not transferable without the consent of Sponsor. e)   No prize substitution is available. f)   A given individual may only win a total of two (2) prizes within a given twelve (12) month period g) All taxes on prize are the winner’s sole responsibility. Winner understands and agrees that Sponsor will issue him/her an IRS 1099 Tax Form reflecting the total value of all prizes he/she has won in a given calendar year; and, as to same, winner agrees to provide his/her Social Security Number or Tax Identification Number via IRS W9 Tax Form and to otherwise fully cooperate with Sponsor in conjunction with its compliance with all applicable governmental-reporting requirements relative to prize award. Sponsor will maintain winner’s Social Security Number or Tax Identification Number as confidential and will NOT use this information for any purpose other than compliance with governmental reporting requirements. **Trademark is used herein solely for reference purposes. No endorsement, sponsorship, authorization or affiliation of any kind is intended or implied by such use.     ELIGIBILITY. All of the following persons are not eligible to enter the Competition or to win prize(s): a)   Employees, officers, directors of Sponsor as well as of any entity involved in the design, development, implementation or administration of the Competition; b)   Employees, officers, directors of any entity which holds an alcohol beverage license (whether supplier, distributor, wholesaler, importer, retailer or otherwise); c)   The immediate family members (i.e., parent, child, sibling, spouse) as well as members of the same household as any person excluded as set forth above in subsections a) and b).   RELEASES: a)   By participating, entrant releases and agrees to hold harmless Sponsor, its parent, affiliates and subsidiaries, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Meta Platforms, Inc. , from any and all liability arising, directly or indirectly, in whole or in part, from participation in the Competition, participation in any Competition-related activity or the acceptance, receipt, possession or misuse of prize(s). b)   Where legal, by accepting prize(s), winner agrees to the use of his/her name, likeness, photo, voice, biographical information, image and other indicia of persona (collectively, “Publicity Rights”) for advertising/publicity/trade purposes by Sponsor without further compensation or notice.    CONDITIONS OF PARTICIPATION: a)   Sponsor is not responsible for entries/photos/videos that are late, lost, garbled, incomplete, inaccessible/blocked, corrupted, jumbled, misdirected, delayed or damaged, regardless of cause, all of which are void; for technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the advertising, offering or implementing  the Competition in any respect. This includesbut is not limited to any filtering by or other operation of the functionality of Instagram which interferes, interrupts or impedes the intended operation of the Competition. b)   Sponsor’s failure to enforce any condition of these Official Rules in any individual circumstance shall not constitute the waiver of such condition prospectively. c)   In the event of any inconsistency between these Official Rules and any statement made in advertising the Competition, these Official Rules will prevail, govern and control in all respects. d)   This Promotion is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram.   XII.            FORCE MAJEURE: If, for any reason, the Competition (including one or more Weekly Competitions comprising same) is not capable of running as originally planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation, pandemic/epidemic or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition (including one or more Weekly Competitions comprising same), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend any such affected Weekly Competition(s) and, to the extent feasible, select the prize winner(s) for same from among all eligible entries/photos/videos received for such affected Weekly Competition(s) or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.  Notice of such action by Sponsor will be posted at @Von_Hinken and at Website. XIII.            DISPUTE RESOLUTION & GOVERNING LAW: To the fullest extent permitted by law, by participating in the Competition, you agree that: (a)        The Competition (as well as all Weekly Competitions comprising same) and these Official Rules shall be governed by the internal, substantive law of the State of Florida, without regard to conflict of law/choice of law provisions; (b)         Any action at law or in equity arising out of the Competition (as well as any of the Weekly Competitions comprising same) and/or these Official Rules shall be filed exclusively in the U.S. District Court for the Middle District of Florida in Orlando or in Florida State Court in Orlando. (c)          That the courts enumerated in subsection (b) have exclusive jurisdiction of the relevant subject matter and you agree to the personal jurisdiction of such courts as to same; (d)         That any right of change of venue, forum non conveniens or the like is waived by you; (e)         That any such action shall be resolved individually and not as part of a class action; and (f)           That any claims, judgments or awards shall be limited to your actual out-of-pocket costs in participating in the Competition (if any), with all other forms of damages (including but not limited to incidental, compensatory and consequential damages) as well as any right to seek injunctive or any other form of equitable relief being expressly waived.  {Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the preceding limitations/exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations/exclusions.} XIV.            WINNERS’ LIST: For the Instagram handles of prize winners, send a request via mail to Sponsor at the above address, indicating the start and end dates of the Weekly Competition whose winner you are requesting. The winner’s list requests for a given Weekly Competition will be available approximately fourteen (14) days after the conclusion of same. Winner’s list requests for a given Weekly Competition must be received no later than ten (10) business days after the conclusion of same.