Last Updated: January 14, 2020
Legal Drinking Age. WE OFFER THE SERVICES TO THOSE INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER. DO NOT USE THE SERVICES IF YOU ARE NOT AT LEAST 21 YEARS OLD.
The Appliance. The Services are intended to operate in cooperation with the Drinkworks Home Bar (the “Appliance”). The Appliance is used to prepare alcoholic beverages and is intended for use only by persons 21 years of age or older. Please drink responsibly. You may only use the Services to connect to the Appliance. You may not connect to the Services with any device that is not manufactured, distributed, or sold by Drinkworks itself or through its authorized resellers or agents. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have any questions about the Appliance, please see [insert reference to additional terms].
Use of Our Services. The Services are for your personal, non-commercial and lawful use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Services or any content, information, software, products or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services, or any content within the Services, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of Drinkworks or other individuals or entities.
Subject to your compliance with these Terms, you may access the Website and display the content of the Services made available via the Website, and, subject to any expressly stated restrictions or limitation relating to specific material on the Services, electronically copy or download onto your device or other technology used to access the Services portions of the content from the Services, strictly for your personal, non-commercial, lawful use. Subject to your compliance with these Terms, Drinkworks grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the App for your use on a single mobile device that is compatible with the App and is owned or otherwise controlled by you; and (b) access, stream, download, and use on such mobile device the content and services made available in or otherwise accessible through the App. If you make any other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Prohibited Uses. You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Services, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not use the Services to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
Accounts. You may choose to set up an account with us. When you set up an account, you are required to provide us with your email address. We, or our service provider, will send you an email with a link (that expires after a certain amount of time) to the email address that you provided. To access your account, please click on the link and you can sign into tour account. When you create an account with us, you represent to us that you are above the age of 21, and that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account, including, but not limited to, the restriction of access to your mobile device and/or your account. You agree to accept responsibility for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your authorized link, control access to and use of your account, and notify us when you desire to cancel your account on the Services. You may not use anyone else’s authorized link or account at any time on the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Services if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.
Intellectual Property. You acknowledge and agree that the Services is provided under limited license and access rights and not sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, Drinkworks. Drinkworks and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.
Promotions. From time to time, Drinkworks may, but is not obligated to, offer special promotions, coupons, sweepstakes, contests, giveaways and other promotional programs (“Promotions”) that may be governed by separate eligibility requirements, time limits, restrictions, terms and conditions that will be made available to you. You agree that your participation in any Promotions will be subject to such other requirements, limits, restrictions, and conditions.
Updates and Unavailability. We may from time to time, in our sole discretion, develop and provide Services updates, which may include upgrades, bug fixes, patches or other error corrections, or new features. We may add or remove features or requirements and we may suspend or stop a feature altogether. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. For the App, based on your mobile device settings, when your device is connected to the internet either (a) the App will automatically download and install all available updates or (b) you may receive notice of or be prompted to download and install available updates. You agree that all updates will be deemed part of the Services and subject to these Terms. You acknowledge that the Services may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. Drinkworks cannot, and does not, guarantee any specific minimum availability of the Services.
Third Party Service Providers. Drinkworks uses third parties to provide certain portions of the Services. For example, we have engaged service providers to provide website development, hosting and support on our behalf.
Eligibility. Drinkworks Affiliate program is open to those 21+ who have not, and will not, be accused of any felony, misdemeanor or crime that could or like bring Drinkworks, or its brand disrepute (including alcohol-related violations such as DUIs). Those who do not hold or have an interest in an alcohol beverage license or establishment licensed to sell alcohol beverage at retail (including, but not limited to, a bar, restaurant, liquor store, grocery store, or convenience store) are ineligible for participation. Any online posting made as part of this program must comply with the U.S. Federal Trade Commission’s guidelines for endorsements and testimonials, the Distilled Spirit Council’s Code for Responsible Practices for Beverage Alcohol Advertising and Marketing, and be the original content of the poster. Any advertisements must be intended for those above 21 and portray beverage consumption in a responsible manner. Participants agree to remove, take down, or modify online content at the discretion of Drinkworks. Users agree to obey all local, city, state and federal laws. If at any time, in the opinion of Drinkworks, user become the subject of public disrepute, contempt, or scandal that affect user’s image or goodwill, Drinkworks may suspend or terminate user involvement in this program. Breaching this agreement may serve as grounds to terminate user’s participation in the Drinkworks Affiliate program. Drinkworks reserves the right to terminate your participation in the affiliate program at any time.
Feedback and Submissions. We welcome your feedback, comments, ideas and reviews about the Services (“Feedback”). You agree, however, that by submitting Feedback to us, (i) such Feedback shall be deemed to be non-confidential, and (ii) we and our agents shall be free to use such information on an unrestricted basis, without compensation, acknowledgement or notice to you.
WARRANTY DISCLAIMERS. Your use of the Services is at your sole risk. Use of the Services should not replace your judgment or common sense. We are not responsible for any activities that are the direct or indirect result of drinking alcoholic beverages and/or using the Services. We do not support excessive drinking. Please drink responsibly and use the Services responsibly.
the Services, including, without limitation, any materials, information, content, functions, products, text, graphics and links thereon, are provided on an "AS IS" and "AS AVAILABLE" basis, and are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, data accuracy, system integration, and warranties arising from trade usage, course of dealing or course of performance. the protected entities do not warrant that (a) the Service and Services will function uninterrupted, secureLY or BE available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services ARE free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements. DRINKWORKS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DRINKWORKS, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SERVICES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SERVICES, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (B) BREACH OF THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; AND (D) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRINKWORKS OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. Governing Law and Venue. These Terms and the relationship between you and Drinkworks will be governed and construed in accordance with the laws of Delaware, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of the state of Delaware. If any provision for these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
Electronic Communications. The communications between you and us use electronic means, whether through the Website or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of revised terms. If we make material changes to these Terms, we will post the updated Terms on the Website, in the App and/or provide notice to you that the Terms have been updated via email or an in-App alert.
Copyright. If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at [insert email address]. Third-Party Provisions. If you downloaded the App from the Apple App Store™, then this Section applies to you. You acknowledge that: (a) these Terms are between you and Drinkworks; (b) Drinkworks, not Apple, Inc. (“Apple”), is solely responsible for the App and the content therein; (c) Apple has no obligation to furnish any maintenance or support for the App; Drinkworks, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation; and (d) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be Drinkworks’ responsibility. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Drinkworks acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Drinkworks® 2019 Contests: Taste & Tell Contest and Getambassador Referral Challenge OFFICIAL RULES
OPEN ONLY TO RESIDENTS OF CALIFORNIA, FLORIDA, PENNSYLVANIA AND MISSOURI 21 AND OLDER. A FACEBOOK® OR INSTAGRAM® ACCOUNT IS REQUIRED TO ENTER THE TASTE & TELL CONTEST. A GETAMBASSADOR ACCOUNT IS REQUIRED FOR THE REFERRAL CHALLENGE. OBTAINING THESE ACCOUNTS IS FREE. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, OR GETAMBASSADOR.
1. TWO SEPARATE CONTESTS; ONE ENTRY PERIOD. The Drinkworks 2019 Contests (collectively, this “Contest”) begins on October 19, 2019 at 12:00:01 AM Eastern Time (“ET”) and ends on October 30, 2019 11:59:59 PM ET (the “Contest Period”). Sponsor’s computer is the official time-keeping device for this Contest. Limit one (1) entry per person in the Taste & Tell Contest portion of the Contest (“Taste&Tell”) regardless of method of entry used. There is no limit on entries in the Getambassador Referral Challenge (“Referral Challenge”). For a copy of these Official Rules, please visit www.drinkworks.com/terms.
2. ELIGIBILITY. This Contest is only open to (a) residents of California, Florida, Pennsylvania, and Missouri who are at least 21 at the time of entry, (b) who are not employed by or have an interest in a retailer of alcoholic beverages (including a restaurant, bar, grocery or liquor store). Taste&Tell is open only to entrants who have an account on Facebook or Instagram (whichever is used to enter). Creating an account on these platforms is free and may be done by downloading their applicable free mobile app from the Apple® App Store or Google® Play or creating an account at www.facebook.com. The Referral Challenge is only open to entrants who have an account on Getambassador. To create a getambassador account, follow the prompts in the email invitation you may have received from Sponsor to do so (if you receive marketing emails from Sponsor), or you may follow the prompt to do so posted on www.drinkworks.getambassador.com.
Internet access or mobile data charges may accrue depending on device used to enter and according to the internet/mobile carrier’s terms. Seek out a free public wi-fi hotspot to avoid any such charges.
Employees of Sponsor, members of their families (parents, siblings, children, and their respective spouses) and/or those residing in the same household as such employees (whether related or not) are not eligible to participate in this Contest. This Contest is subject to all applicable laws and void in U.S. territories and possessions, and where prohibited or restricted by law. Participation constitutes each entrant’s full and unconditional agreement to these Official Rules and the judges’ decisions, which are final and binding in all matters related to the Contest.
3. HOW TO ENTER.
Referral Challenge Entry: If you create a getambassador account during the Contest Period and refer friends to buy a Drinksworks® drinkmaker, to the extent you are eligible to participate in the Contest, your eligible referrals during the Contest Period will automatically count as entries in the Referral Challenge. The eligible entrant whose referral code is used the most by recipients during the Contest Period can win the Challenge Prize. Having a referral code used means the friend purchased the drinkmaker using the code at the time of purchase during the Contest Period. The code entitles the recipient to a $50 discount Drinksworks® drinkmaker, and the referrer is also eligible to receive $50 if their code is used for a purchase. The discount and the referrer payment are separate and apart from this Contest. Details available at www.Drinkworks.getmbassador.com Sponsor’s records are the official records for determining entries under the Referral Challenge. Only referrals where the referrer invited friends 21 or older to buy and disclosed that they will receive a payment if their friend buys and that the buy will also constitute a contest entry will be eligible for purposes of the Referral Challenge. Sponsor reserves the right to verify whether such disclosures were made.
Taste&Tell Entry: There is one (1) method of entry which (choose just one!). Each requires you to post (or link, as applicable) to a photographic image showing the friend(s) you would invite to your Drinkworks party. (“the “Entry”). During the Contest Period, enter an Entry by posting it or linking to it from within a post tagging Sponsor’s official account on Facebook (www.facebook.com/drinkworksUS/) or Instagram (www.instagram.com/drinkworks). To be eligible, each Entry needs to contain the hashtag #DrinkworksContestEntry and conform to the content guidelines below. Entries must also conform to the rules and use restrictions of the social media platform chosen to enter, over which sponsor has no control. Sponsor reserves the right to disqualify non-conforming entries. Pick only one of these entry options to enter Taste&Tell. Submitting multiple entries does not improve ability to win, and is considered spam and bad form. Content Restrictions (Taste&Tell):
- Do not show anyone other than yourself in an Entry without the other subjects’ permission;
- Do not show persons under 21 in the Entry;
- Do not show specific alcohol brands;
- Do not submit blurry or out of focus content;
- The photo must not, as determined by Sponsor in its sole discretion:
- Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Reference any celebrity or other public figure or contain brand names, logos, trademarks or trade dress (such as distinctive packaging or phraseology) other than the Drinkworks brand owned by Sponsor, which each entrant has a limited license to use to incorporate in his/her Entries in this Contest;
- Disparage or misrepresent Sponsor, its products, or any other person, brand or company or their products or services;
- Contain images or artwork not created by entrant;
- Contain nudity or violence, or material that is sexually explicit or suggestive, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or promotes the consumption or use of alcohol, illegal drugs, tobacco, firearms, or weapons, or any activities that are or may be unsafe or dangerous;
- Contain any personal identification, such as name, physical address, email address, or phone number;
- Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, career or age; or
- Contain material that is unlawful, in violation of or contrary to applicable federal, state or local laws or regulations, or is otherwise objectionable, in Sponsor’s opinion.
- Any illustration of a person which is immodest, undignified or in bad taste.
- Any illustration depicting the use of distilled spirits in a scene which is undignified, immodest or in bad taste.
ENTRIES SUBMITTED TO TASTE&TELL ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SUBMITTER AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
__Your Representations (Taste&Tell):__ By entering an Entry in Taste&Tell, each entrant warrants and represents that: (i) the photo you submit is your original work, has not been previously published, has not previously won awards, and does not infringe upon the copyrights or intellectual property or privacy or publicity rights or other rights of any person or entity; (ii) you are not under a contractual, employment or other obligation to provide the photo to any other person or entity as part of an exclusive obligation, first right of refusal, or other similar restriction; (iii) and you have obtained permission from any person whose likeness is used in the photo. You acknowledge that by accepting your Entry into Taste&Tell, Sponsor does not waive any rights to use similar or related ideas as depicted in the Entry and previously known to Sponsor, or developed by its employees, or obtained from sources other than you. License to Use Entries (Taste&Tell): By entering any Entries in Taste&Tell, you grant Sponsor and its designees a nonexclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, sublicenseable license to use, reproduce, display, distribute, modify or adapt the Entries submitted by each entrant (including, without limitation, the names and likenesses of any persons or locations embodied therein) and any derivative works in any form for any purpose, in all media, whether now known or hereafter devised, as Sponsor may choose, without compensation or notice to, or review or approval by, the entrant.
__Disqualification from Contest:__ Sponsor reserves the right in its sole discretion to disqualify any Entry (or entry) in any portion of this Contest that, in its sole opinion, does not comply with any of the requirements of these Official Rules, or to disqualify entrants who do not abide by or agree to the terms of these Official Rules. Sponsor, in its sole discretion, may (or may not) retain Entries in Taste& Tell on Sponsor’s social media and other websites and/or feature such Entries in advertising and promotional campaigns.
__Other Contest Limits:__ Multiple entrants are not permitted to share the same social media or getambassador account to enter. Any attempt by any entrant to obtain more than the stated number of Entries in Taste&Tell by using multiple/different accounts or identities, or any other methods will void that entrant's Entries and that entrant may be disqualified. In the event of a dispute as to any Entry in Taste&Tell, the authorized account holder of the account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an account by the social media platform or organization responsible for assigning accounts. Each potential winner may be required to show proof of being the authorized account holder, as the case may be. All entries become the exclusive property of the Sponsor and will not be returned and may not be acknowledged.
__4. JUDGING & JUDGING CRITERIA:__
__Taste&Tell:__ Following the end of the Contest Period, a panel of qualified judges appointed by Sponsor will select up to two (2) potential prize winners to receive Taste&Tell Prize. Prize will be awarded to the contestants whose submissions score highest from among all eligible entries received during the Contest Period based on the following criteria: (i) adherence to theme (how you are using a Drinkworks® Drinkmaker / home bar to bring people together) and these Official Rules (20%), originality (50%), and creativity (30%). In the event of a tie between two entries, the tie breaker will be the entry with the highest score for creativity.
__Referral Challenge:__ Referral Challenge Prize will be awarded to the contestant who secures the most eligible uses of their referral code (as described above under “How to Enter”) during the Contest Period. In the event of a tie between two entrants having the same number of eligible uses of their referral code, the entrant who was first in time to achieve such number during the Contest Period shall be the potential winner.
__5. WINNER NOTIFICATION:__ Sponsor will communicate with potential winners regarding the Contest via private message on the applicable social media platform/getambassador platform used to enter, mail, email, or phone, in Sponsor’s discretion. Your account on the social media platform must be set up to receive private messages to allow Sponsor to contact you in connection with this Contest, which may require following Drinksworks on the applicable social media platform. By entering, entrants give their express permission to be contacted by or on behalf of Sponsor for purposes of this Contest. Potential winners may be required to sign and return, within five (5) business days of the date of receipt, an Affidavit of Eligibility, Release and Copyright License (an “Affidavit”) and may be required to provide an IRS Form W-9 (Request for Tax Payer Identification) in order to claim his/her prize. If: (a) any prize notification is returned as undeliverable, (b) potential winner does not respond to notification by email or phone within three (3) business days of the date of first notification, (c) potential winner does not comply with these Official Rules (including, but not limited to, eligibility requirements), or (d) potential winner’s Affidavit and Form W-9 (if required) are returned as undeliverable or are not received when required, the prize will be forfeited and Sponsor may select an alternate winner from among all remaining eligible entries. Sponsor reserves the right to verify potential winners’ eligibility and compliance with these Official Rules as Sponsor determines. Receiving a prize is contingent upon compliance with these Official Rules.
• __Taste&Tell:__ Sponsor will award up to two (2) Taste&Tell Prizes following the end of the Contest Period, assuming an adequate number of eligible Entries is received. Taste&Tell Prize is one (1) Drinkworks® Drinkmaker (Approximate Retail Value (“ARV”): $410) or Visa Prepaid Debit Card of equivalent value at the discretion of the winner. Enjoy all alcohol responsibly. Alcohol pods are sold separately and are not included within such prize. • __Referral Challenge:__ Sponsor will award one (1) Referral Challenge Prize following the end of the Contest Period. Referral Challenge Prize is one (1) set of glasses in a style of Sponsor’s selection. (ARV: $160).
Winners are solely responsible for all federal, state and local taxes, as well as any expenses, and any other costs or expenses incurred in claiming or using the prize awarded, and not expressly included in the prize description in these Official Rules. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. No transfer, refund, substitution or replacement of prize permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). While not likely, it is possible that the same entrant could win both a Taste&Tell Prize and the Referral Challenge Prize.
__7. LIABILITY RELEASE:__ In consideration of receiving any prize, each winner agrees to release and hold harmless Sponsor, Facebook, Instagram, and Getambassador and each of their respective affiliates, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any (A) liability, for loss, harm, damage, injury, cost or expense whatsoever with respect to or in any way arising from the Contest, including breach of entrant representations and warranties in these Official Rules, and/or of prizes, including, without limitation, property damage, liability for personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any prize-related activities, and (B) for any claims or causes of action based on publicity rights, defamation or invasion of privacy and prize delivery.
__8. LIMITATIONS OF LIABILITY:__ The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged, misdirected, incorrect, garbled, incomplete or stolen mail, entries or prize notifications; 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. Entrant further agrees that, in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in this Contest and, in no event, shall the Release Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. No more than the stated number of prizes will be awarded.
__9. GENERAL CONDITIONS:__ In no event shall Sponsor be required to award more than the number of prizes stated in these Official Rules. Unclaimed prizes may not be awarded. 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. In such event, Sponsor, in its sole discretion, may award fewer than the stated number of prizes. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry 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. Any attempt by any person to deliberately undermine the legitimate operation of the Contest or any website associated with 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 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.
__11. PUBLICITY RELEASE.__ By entering the Contest, entrant grant Sponsor and its designees the perpetual worldwide right to use and/or publish entrant’s name, biographical information, photos and/or other likeness, entry and any statements, in whole or in part, for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, without additional compensation or notice to entrant, or review or approval by entrant, except where prohibited by law.
__12. GOVERNING LAW; FORUM.__ All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with this 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 which would cause the application of the laws of any jurisdiction other than the State of New York. If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of the Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action 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 a federal or state court located in New York County, New York; (b) 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 attorneys’ fees; and (c) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
__13. SPONSOR.__ The “Sponsor” and administrator of this Contest is Bedford Systems, LLC d/b/a/ Drinkworks, 201 Burlington Road, Bedford MA, 01730 (“Sponsor”).
__14. WINNER LIST.__ Sponsor may announce winners on its website and social media pages. To request a winner list, on or after 10/31/2019 send a self-addressed, stamped envelope on or before [1/31/2020], to Bedford Systems, LLC d/b/a Drinkworks, 201 Burlington Road, Bedford MA, 01730, Attn: Winner List – Drinkworks 2019 Contests.
Contact Us. If you have any comments about these Terms, or any questions about any of the Services, please contact us at [insert URL and contact information, e.g., address and telephone number].