WASHINGTON CAPITALS® BEER CAN ART GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE CONTEST IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY UNITED STATES LAW. VOID WHERE PROHIBITED.
1. OBJECT OF THE CONTEST: As provided in these contest official rules (“Official Rules”) for the Devils Backbone Washington Capitals® Can Art Giveaway (“Contest”), Entrants compete for one Prize of two (2) tickets to the first Washington Capitals home game of the 2019-2020 NHL regular season by using the Can Art Template to create original graphic artwork suitable for the new Washington Capitals® beer to be brewed by Devils Backbone Brewing Company.
2. SPONSORS: Lincoln Hockey LLC dba Washington Capitals (“Washington Capitals”) and Mountain View Brewery LLC dba Devils Backbone Brewing Company (“Devils Backbone”) (collectively “Sponsors”) are the sponsors of the Contest. Devils Backbone is the Administrator of the Contest.
4. ELIGIBILITY: Persons entering the Contest must be at least 21 years old and legally reside in Washington, D.C. or parts of Maryland or Virginia located in any of the U.S. Postal Service ZIP Codes within 75 miles of the Capital One® Arena listed in the Appendix (“Contest Territory”). Employees, contractors, directors, officers, and agents of the Sponsors, Anheuser-Busch LLC, Capital One, the National Hockey League or its teams, or their respective affiliates or subsidiaries, or their advertising, promotional, fulfillment and marketing agencies, wholesale distributors, retail licensees, and other service agencies involved with the Contest, or members of the immediate families (parents, children, siblings, and current spouses) or households of these persons, are not eligible to enter or win the Contest. Affiliates and subsidiaries of companies of Lincoln Hockey LLC include Lincoln Holdings LLC dba Monumental Sports & Entertainment, Lincoln GP LLC, Washington Sports & Entertainment LP, Washington Sports & Entertainment Inc., Washington Sports LLC, Washington Sports GP LLC, DC Arena LP dba Capital One Arena, Washington Bullets LP dba Washington Wizards, AP Tickets Inc., Centre Group LP, Monumental Ticketing LP, Lincoln Mystics LLC dba Washington Mystics, Lincoln Ballston LLC, and Lincoln Ventures LLC. Entrants must present proof of eligibility and satisfy all requirements provided in these Official Rules to be awarded a Prize.
5. CONTEST PERIOD: The Contest begins at 12:00:00 Eastern Time (“ET”) on July 22, 2019 and will end when Winners are determined on or about November 11, 2019.
6. ENTRY PERIOD: The entry period for the Contest begins at 12:00:00 a.m. Eastern Daylight Time on Monday, July 22, 2019 and ends at 11:59:59 p.m. Eastern Daylight Time on Friday, October 18, 2019 (“Entry Period”). Administrator’s computer is the designated official entry hosting and timekeeping service for the Contest.
7. HOW TO ENTER: To enter the Contest:
a. Visit the website at https://dbbrewingcompany.com/capit-ale (“the Contest Website”) and follow the online instructions to download the can art template provided by Sponsors (“Can Art Template”);
b. Reference the Can Art Template to create your original graphic artwork for Washington Capitals Beer (“Artwork”); and
c. Follow the online instructions to submit your Artwork, the U.S. Postal Service ZIP Code where you live, and the other information requested to the Sponsors (“Entry”).
Online Entry using the Contest Website is the only method for entering the Contest. No other forms of entry are valid.
All Entries must be received and recorded during the Entry Period. All Entries received or recorded outside the Entry Period will be void.
You may enter as many times as you like during the Entry Period. Duplicate Entries are not allowed. Each Entry must be substantially different from previous Entries. If Sponsors determine, in their sole discretion, that Entrant has submitted two (2) or more Entries that are not substantially different, the Entry posted first in time will be deemed the Entry and any subsequent Entries will be disqualified.
You must provide your own computer, mobile device, software, and Internet or mobile connection to enter. If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. . Participants are solely responsible for any such wireless charges. You may be asked to consent to receiving commercial e-mails or mobile text messages and updates from one or more of the Sponsors and their respective affiliates, but neither your eligibility for the Contest or chance of winning a Prize will be affected by whether or not you consent.
All Entries become the property of Sponsor Lincoln Hockey and will not be returned.
Sponsors reserve the right, but are not obligated, to review any Entry for non-compliance with or violation of these Official Rules and to reject, delete, disqualify, or otherwise exclude any Entry that, in their sole discretion, does not comply with or satisfy these Official Rules, is deemed to be inappropriate for publication, or is incomplete, illegible, garbled, or deceptive.
Only the one (1) person who submits an Entry to the Contest web site (“Entrant”) will be considered the Entrant and only the Entrant is eligible to win a Prize. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the registered holder of the e-mail address or the social media account used to submit the Entry. The registered account holder is deemed to be the natural person who is assigned the social media account by the relevant social media provider or who is assigned the e-mail address by the organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsors are not liable to any party in connection with any dispute arising from or related to the identity of Entrant.
8. ENTRY REQUIREMENTS: To be a valid Entry, the Entry must satisfy the following requirements (“Entry Requirements”), as determined in the sole discretion of Sponsors:
a. Entry must be created using the Can Art Template provided as a guide found on the Contest Website. Art should not be submitted on the template, we will overlay trademarks and beer name on the winning art. The template shows artist where to expect their art covered by beer name and trademarks if selected as the winner. Trademarks shown in the attached Appendix 1 are owned respectively by each Sponsor (“Sponsor Trademarks”)
b. The Entry must not incorporate any other trademark or logo other than the Sponsors’ Trademarks incorporated in the Can Art Template;
c. The Entry must not include any Prohibited Content, as defined in Rule 9;
d. The Entry must be clear, legible, and suitable for publication for packaging and other purposes;
e. With the exception of the Sponsors’ Trademarks, the Entry must be (i) the original creation of the Entrant, i.e. is created personally by the Entrant and not copied from any other person; (ii) unpublished, i.e. not been distributed to the public in copies or displayed or performed to the public; (iii) unregistered and not the subject of an application for registration in the U.S. Copyright Office or the U.S. Patent and Trademark Office, or any other organization responsible for registering copyrights, trademarks, patents, or other intellectual property rights; and (iv) not been previously entered or award a prize in any promotion or competition.
9. PROHIBITED CONTENT: Entries must not be or comprise any of the following content (“Prohibited Content”), as determined in the sole discretion of the Sponsors:
a. Be sexually explicit or suggestive, obscene, profane, or pornographic, or depict nudity, be offensive to or derogatory of any ethnic group, nationality, race, religion, sex, gender, sexual orientation, disability, profession, age, or endorse any hate group or form of hate, or promote depict, or refer to any particular political agenda or message;
b. Promote or depict excessive or irresponsible consumption of alcohol, illegal use of alcohol, drugs, tobacco, firearms, or other weapons, or any use of alcohol, drugs, tobacco, firearms or other weapons, promote or depict any activity that is or may appear to be dangerous or unsafe, identify or depict any person, living, dead, or fictional, who is or appears to be under 21 years or age, 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 otherwise fail to comply with the Beer Institute Advertising and Marketing Code as made publicly available at http://www.beerinstitute.org/assets/uploads/general-upload/2015-Beer-Ad-Code-Brochure.pdf;
c. Defame, misrepresent or contain disparaging remarks about any person, including without limitation any Sponsor or the National Hockey Association, any of its teams, or the sport of professional hockey, any of their respective products and or services, or communicate messages or images inconsistent with the positive images and/or goodwill with which any Sponsor wishes to associate or communicate;
d. Comprise any element not owned by the Entrant including without limitation copyrighted or patented materials, trademarks, logos, buildings, or trade dress of other persons, or that comprise the name, nickname, likeness, e-mail address, social media handle, street address, or other indicia that identify any person, living or dead, including without limitation the players of the Washington Capitals hockey team (collectively, “Third Party Materials”), unless Entrant provides written permission from the owners of such Third Party Materials for Sponsors to use the element in a form satisfactory to Sponsor before naming Entrant as a Winner or awarding any Prize to Entrant;
e. Comprise any other commentary or material that Sponsors, in their sole discretion, deem inappropriate; or
f. Violates any law or depicts anything that is a violation of law.
10. DIGITIAL MILLENNIUM COPYRIGHT ACT POLICY: All Entries are subject to Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512 et seq. Anyone who believes that an Entry infringes upon its copyright may submit a notification requesting that such Entry be removed (“DMCA Takedown Notice”) to Sponsor’s designated agent as set forth below (“Copyright Agent”). To be valid, a DMCA Takedown Notice must be transmitted to the Copyright Agent and include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that the owner of the exclusive rights has 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
f. 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.
Sponsors’ Copyright Agent to receive DMCA Takedown Notices is at email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should be sent to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Contest Website. You acknowledge that in order for this Sponsor to be authorized to take down any Content, your DMCA Takedown Notice must comply with all of the requirements of this Rule 10 and DMCA Section 512.
11. NO OTHER OBLIGATION; NO CONFIDENTIAL INFORMATION: By submitting an Entry, Entrant agrees that his/her Entry is gratuitous and made without restriction, that it will not place any Sponsor under any obligation other than as stated in these Official Rules, that Sponsors are free to publish or otherwise disclose the ideas or materials contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas or materials without any additional compensation to Entrant or any other person. Sponsors, neither collectively or individually, will have any obligation whatsoever to use or publicize any Entry, including but not limited to winning Entries. Entrant acknowledges that, by acceptance of his/her Entry, Sponsors do not waive any rights to use similar or related ideas previously known to any Sponsor or developed by its employees, or obtained from sources other than Entrant.
12. JUDGING ENTRIES: The Winners of the Contest will be determined by a panel of judges comprised of marketing staff and other employees of Sponsors (“Judges Panel”). The Judges Panel will judge eligible Entries using the following criteria (a) favorable depiction of the respective brand identities of the respective Sponsors’ Trademarks (Criterion A); (b) commercial suitability for marketing beer, e.g. appeal, shelf visibility, and space to accommodate information required for beer labeling and packaging (Criterion B); (c) technical artistic quality, e.g. composition, line, color, and contrast (Criterion C); and (d) artistic creativity (Criterion D) (collectively “Judging Criteria”). The Judges Panel will assign each Entry a score ranging from a low of 1 point to a high of 25 points for each Judging Criterion.
13. SELECTING THE WINNER: The Entry receiving the highest cumulative scores assigned by the Judging Panel will be deemed the Winner of the Contest (“Winner”) on or about November 11, 2019. In the event of a tie among any Entries, the Winner will be determined as follows: (i) the Entry with the higher score for Criterion A; (ii) after which if a tie remains among any Entries, the Entry with the higher score for Criterion B; (iii) after which if a tie remains among any Entries, the Entry with the higher score for Criterion C. The decisions of the Judges Panel are final in all aspects of the Contest. Sponsors retain the right not to award any Prize in the event there is an insufficient number of valid Entries, or because the Winner may be disqualified or fail to claim the Prize.
14. NOTIFYING THE WINNERS: Sponsors will notify the Winner by message using the social media handle or e-mail address associated with his or her Entry. To receive the Prize, Winner must respond and provide a signed Affidavit of Eligibility and Consent, License, and Release and other documents set forth in Rule 19 to Sponsors within the time allotted, failing which Winner will be disqualified and forfeit the Prize, and Sponsors may in their sole discretion and if time permits select and notify an alternate Winner from among the remaining eligible Entries.
15. PRIZES: One (1) Prize will be awarded in the Contest. The total Approximate Retail Value (“ARV”) of all Prizes awarded during the Contest is Five Hundred Dollars ($500.00 For each Entry Period, Sponsors will award the Prize(s) listed in the following table:
|Number of Winners||Number of Prizes||Prize Description and Prize Date||Prize Date||Approximate Retail Value (“ARV”) of Prize|
|1||1||Two (2) tickets to the first 2019-2010 regular season home game of Washington Capitals hockey game at the Capital One Arena in Washington, D.C.||TBD||$500.00|
16. PRIZE LIMITATIONS: ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. Winners may not assign or transfer a Prize, and are not entitled to a substitute prize if unable to use the awarded Prize. Sponsors reserve the right to substitute any prize (or a component thereof) with a prize of equal or greater value for any reason. Dates for ticket prizes will be determined in the sole and absolute discretion of Sponsors, and seat locations will be subject to the value of the Prize and availability. Any costs and expenses associated with accepting and using a Prize that are not specified herein as being provided, including but not limited to food, beverage, lodging, transportation costs, and gratuities, are the sole responsibility of the Winner.
17. TICKET AND PASS TERMS AND CONDITIONS: All tickets and passes awarded will be for games and events at the Capital One Arena, 601 F Street NW, Washington, D.C. Tickets and passes awarded as prizes are subject to the terms and conditions set forth on those tickets and passes, and may not be transferred, resold or offered for resale. Any such transfer or resale may result in disqualification and prize forfeiture. Winner and his/her guest(s) agree to comply with all applicable arena regulations in connection with the Prize. Sponsors and DC Arena LP reserve the right to remove or to deny entry to Capital One Arena to Winner and/or his/her guest(s) who behave in a non-sportsmanlike, disruptive, or intoxicated manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition.
18. TAXES: All taxes (if any), related to receipt and use of Prizes are the sole responsibility of the Winner. Should the ARV of the prize equal or exceed Six Hundred Dollars ($600.00), Winner will be required to provide a Social Security Number or a Taxpayer Identification Number to Sponsors for issuance of a 1099 Form. All cash prizes will be net of any taxes that Sponsors are required by law to withhold.
19. REQUIREMENTS FOR WINNER TO RECEIVE PRIZE: To receive a Prize, Winner must provide Sponsors with the following via e-mail or facsimile: (a) an Affidavit of Eligibility and Consent, License, Assignment, and Release consistent with the provisions of these Official Rules, including but not limited to Rules 15 through 32, signed by Entrant and proof that Entrant was at least 21 years of age at the time of entry, which must be received by Sponsors no later than forty-eight hours after Sponsors send notification; and (b) a list identifying the names of his/her guests and for each guest, a Consent, License, and Release consistent with these Official Rules signed by that guest, and proof that he/she is at least 21 years of age as of the Prize Date, which must be received no later than forty-eight (48) hours before game time on the Prize Date. If Winner fails to provide any of these documents within the time allotted for any reason, Winner will forfeit the Prize, and Sponsors may in their sole discretion and if time permits select and notify an alternate Winner from among the remaining eligible Entries.
If Sponsors so elect, Winner may be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by Sponsors to help ensure that the potential Winner will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. If requested, Winner agrees to sign waiver forms authorizing the release of personal and background information. In the event of noncompliance, to be determined at the sole discretion of Sponsor, Prize will be forfeited and if time permits Sponsors will select and notify an alternate Winner from among the remaining eligible Entries.
20. PUBLICITY: By entering the Contest, Entrant irrevocably consents to Sponsors using his or her name, likeness, Facebook®, Twitter®, or Instagram® handle or e-mail address, posted comment, postal address, age or date of birth, and any personal information as may be incorporated in the Entry or the Prize Affidavit at any time, now and in the future, throughout the universe, for any purpose in any and all forms of media, now known or hereafter devised, in perpetuity without any further consideration, notice, or approval, except where and to the extent prohibited by law.
21. LICENSE IN ENTRIES. By entering the Contest, Entrant irrevocably grants Sponsors the full and perpetual right and power to use, copy, publish, distribute copies and phonorecords, make available, display, perform, transmit, broadcast, sell, lend, license, sublicense, make derivative works, adapt edit, translate, reuse, alter, modify, or combine the Entry including without limitation the Artwork or portions thereof with other material any or all portions thereof, at any time, now or in the future, in any media now known or hereafter devised throughout the universe in any manner and for any purpose whatsoever. Entrant also agrees to waive and hereby does waive any and all right or claim of paternity, attribution, integrity, and compensation, “moral rights,” or unfair competition, arising from his or her Entry against Sponsors, their licensees, sublicensees, or agents. Entrant agrees that Sponsors shall not be obligated in any way whatsoever to use or publicize any Entry.
22. ASSIGNMENT OF ENTRY TO SPONSOR. With the exception of the DBBC Trademarks, and without any further consideration of any kind, Entrant agrees to assign and does hereby irrevocably assign to Sponsor Washington Capitals the Artwork and the entire right, title, interest, and privilege throughout the universe of any kind therein, including but not limited to copyright (including derivative works), trademark, patent, domain name, social media handles, non-traditional identifiers, misappropriation, unfair competition, and any other proprietary right and contract right, together with any and all applications, registrations, government grants, and rights of any kind to the same, and all improvements, continuations (of any form), renewals, and claims of any kind related to any of the foregoing, free and clear of all liens and encumbrances. In the event that the foregoing assignment should not be valid, and with the exception of the Capitals Marks, Entrant agrees to grant and does hereby grant to Sponsor Washington Capitals to the fullest extent of his or her interest and rights the exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, and fully paid-up license throughout the universe to use the Artwork and any portion thereof at any time, now or in the future, in any media now known or hereafter devised throughout the universe in any manner and for any purpose whatsoever, including but not limited to using, copying, publishing, distributing copies and phonorecords, making available, displaying, performing, transmitting, broadcasting, selling, lending, licensing, making derivative works, adapting, editing, translating, reusing, altering, modifying, or combining the Entry or portions thereof with other material any or all portions thereof.
23. ENTRANT’S ASSISTANCE WITH PROTECTION AND ENFORCEMENT. At the expense of Sponsor Washington Capitals, Entrant agrees to assist Sponsor Washington Capitals in obtaining, protecting, and enforcing rights of any kind whatsoever in the Artwork and portions thereof. Entrant will execute all documents that may be necessary or desirable for Company to own, assign, license, apply for, prosecute, obtain, or enforce any patent or other right, title, interest, and privilege anywhere relating to his or her Entry. If Washington Capitals cannot secure the signature of Entrant therefor due to incapacity or any other cause, Entrant agrees to and does hereby irrevocably designates and appoints Washington Capitals and each of its duly authorized officers and agents as his or her agent and attorney-in-fact to do all lawfully permitted acts to further the prosecution, issuance, and enforcement of copyright, trademark, or other rights or protection of any kind whatsoever related to such Label Design or portions thereof with the same force and effect as if executed and delivered by Entrant.
24. ENTRANT’S REPRESENTATIONS AND WARRANTIES: Entrant hereby represents and warrants that (a) the Entry the Artwork is his/her original work, has not been previously published, has not received prizes or awards, and does not violate the copyrights, trademarks, rights of privacy or publicity, or other rights of any person or entity, and that any information provided by Entrant is true and complete; (b) Entrant has authorization to use in the Entry any name, voice, likeness, image, performance, opinion, biographical material, and/or personal information of other persons, or any other elements not owned by Entrant (such as, but not limited to, slogans, trademarks, logos, text, artwork, photographs, logos, or buildings) that may appear therein.
25. RELEASE AND INDEMNIFICATION: Entrant hereby releases, discharges, indemnifies, defends, and holds harmless Sponsors, their respective parent, subsidiary, and affiliated companies, advertising and contest agencies, officers, directors, employees, wholesale distributors, retailers, representatives, and agents, the National Hockey League and its teams, Capital One, and advertising agencies and other persons and entities connected with the Contest, and all of their respective parents, subsidiaries, affiliates, licensees, successors in interest, members, partners, officers, directors, operators, agents and employees (“Released Parties”) from and against any and all liability, damage, claim, demand, cost, expense (including attorneys’ fees), injury, loss, or damage of any kind to persons, including those to but not limited to death, property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light, including those unknown or unsuspected at this time, arising from or in any way resulting from or related to, in whole or in part, directly or indirectly, from (i) entering and participating in this Contest or in any activity related to the Contest or any Prize; (ii) acceptance, possession, receipt, use, or misuse of any Prize or any component thereof; (iii) an Entry including but not limited to the Artwork submitted by Entrant, including without limitation any allegation that the Artwork or any portion thereof infringes, misappropriates, or otherwise violates intellectual property or any other proprietary right and/or any privacy, publicity, or any other personal right of Entrant or any other party; (iv) any violation by Entrant of the Official Rules; (iv) any statement, action, or failure to act by Entrant during or in connection with Entrant’s participation in the Contest; (v) any breach or alleged breach by Entrant of the representations and warranties made herein; and (vi) any violation of law, regulation, or ordinance.
26. LIMITATION OF LIABILITY: The Released Parties are not responsible for and will not be liable for (i) any injury, damage or loss to Entrant or any other person, or to the property of Entrant or any other person, resulting from or related to, directly or indirectly, in whole or in part, from participation in the Contest or any activity or travel related to the Contest, or to receipt, use, or misuse of any Prize or any portion thereof; (ii) any policy, action, or inaction of any person including Entrant that prevents Entrant or any other person from entering or participating in the Contest or activities related to the Contest and/or claiming or using a prize or any portion thereof; (iii) any lost, mislaid, delayed, misdirected, returned, undeliverable, damaged, defaced, or unintelligible Entry, vote, notification, and other communication, however caused; (iv) any printing, typographical, electronic, or other error in printing or disseminating materials for the Contest, in administering the Contest, and activities related to the Contest, or in announcing Winners and Prizes; (v) any failed, deceptive, incomplete, garbled, jumbled, scrambled, unintelligible, or deleted computer data transfer or other communications; (vi) any systems error or any malfunction in, failure of, or difficulty of any kind whatsoever with any computer hardware and software, Internet website, mobile or social media site, text messaging system, contest entry or voting system, server, network, Internet service, or telephone, cable, mobile, or satellite communications; (vii) any electronic traffic congestion, or any lost, interrupted, or unavailable connections with servers, networks, Internet service providers, telephone, cable, mobile, or satellite communications; (viii) any incorrect or inaccurate information whether caused by users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest; (ix) any theft or unauthorized access to a computer, computer network, website, or social media site; (x) any error or omission of any kind, whether human, mechanical, or electronic in nature; or (xi) or any combination of any of the foregoing.
27. RIGHT TO DISQUALIFY, MODIFY, AND CANCEL: Sponsors reserve the right in their sole discretion to disqualify entries that do not satisfy the Official Rules, to modify these Official Rules, and to cancel, terminate, modify, suspend, or make any change in the Contest. Should any portion of the Contest be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes that in the sole opinion of Sponsors corrupt or impair administration, security, fairness or proper play of this Contest, or submission of Entries, Sponsors reserve the right in their sole discretion to suspend, modify or terminate the Contest, and select the winner from valid entries received prior to action taken, or as otherwise may be deemed fair and equitable by the Sponsor. All decisions by Sponsors regarding the Contest, including interpretation of these Official Rules and exercise of discretion, will be final and binding in all respects.
28. WINNER’S LIST: The name of the Winners of the Contest may be requested after December 1, 2019 by sending a self-addressed stamped envelope to the following address: Monumental Sports & Entertainment, 601 F Street, N.W., Washington, D.C. 20004 Attn: Corporate Sponsorships –Devils Backbone® Washington Capitals® Beer Label Design Contest.
29. SPONSORS’ TRADEMARKS: DEVILS BACKBONE and the DB DEVILS BACKBONE Logo are trademarks of Mountain View Brewery LLC. CAPIT-ALE, WASHINGTON CAPITALS, CAPITALS, CAPS, CAPIT-ALE, ROCK THE RED, the Eagle Logo, and the Capitals Hockey Stick Logo are trademarks of Lincoln Hockey LLC. Using trademarks owned by the Sponsors without the prior written approval of the respective owner or any purpose, except as may be expressly permitted to enter and participate in this Contest, is prohibited.
30. NO SPONSORSHIP: The Contest is not endorsed or sponsored by Capital One, or the National Hockey League or its teams other than Sponsor.
31. DISPUTE RESOLUTION: Except where prohibited by law, (a) any and all disputes, claims and causes of action Entrant may have arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia or the appropriate District of Columbia Court located in Washington, D.C.; (b) any and all claims, judgments and awards Entrant may have or receive shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees, and (c) under no circumstances will Entrant be permitted to obtain, and Entrant will waive any and all right to claim or obtain, injunctive relief, awards for attorneys’ fees, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and multiplication or increase of damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the District of Columbia, U.S.A.
32. GENERAL PROVISIONS: All applicable federal, state, provincial and local laws and regulations, apply. The Contest is designed to increase consumer awareness of and interest in the Washington Capitals professional hockey team and Devils Backbone products, and may not be used for, or in connection with, any form of gambling. If any provision of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that or any other provision. Headings used in these Official Rules are solely to facilitate reference.
APPENDIX 1 TO CONTEST OFFICIAL RULES
Washington Capitals Marks
|DEVILS BACKBONE BREWING COMPANY|
APPENDIX 2 TO CONTEST OFFICIAL RULES
|Approved ZIP Codes Within 75 Miles of Capital One Arena, 601 F Street NW, Washington, DC 20004|