1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. The Bolts Brew Fest Sweepstakes (the “Sweepstakes”) is sponsored by The Identity Tampa Bay (“Sponsor”). Sweepstakes is offered only within a seventy-five (75) mile radius of AMALIE Arena, 401 Channelside Drive, Tampa, Florida 33602 (the “Sweepstakes Area”). Void outside the Sweepstakes Area and where prohibited.
2. Sweepstakes is subject to all federal, state and/or local laws. Sponsor shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding eligibility, entries, deadlines, winner selection and prize restrictions. By participating, you agree to these Official Rules and to the decisions of Sponsor, which are final and binding in all respects.
3. Sweepstakes starts on July 27, 2022 at 12:00 PM (noon) ET Eastern Time(“ET”). Entry deadline is 12:00 PM (noon) ET on August 3, 2022. Drawing to determine potential winner will be held on August 3, 2022. Sponsor‘s computer is the official time-keeping device for this Sweepstakes.
ELIGIBILITY
4. To be eligible, you must be twenty-one (21) years old or older, a legal United States resident and you must live in the Sweepstakes Area (above). Employees, associates, officers, directors, volunteers and agents of Sponsor, AMALIE Arena (“AMALIE Arena”), Lightning Hockey LP (“Lightning Hockey”), Tampa Bay Arena, LLC (“Tampa Bay Arena”), Tampa Bay Sports & Entertainment LLC (“TBS Entertainment”) and VSG Enterprises LLC (“VSGE”), or any other entity directly involved in the development or administration of the Sweepstakes, and the members of their immediate families (defined as spouse, parent, sibling and child) and households (whether or not related), are not eligible to enter or win.
5. By providing your email address during the entry process, you consent to your email address being included on Sponsor‘s newsletter distribution list and otherwise as set out in Sponsor‘s privacy policy (https://www.theidentitytb.com/privacy-policy). Consent to receive emails from Sponsor does not improve your chances of winning and you may opt out of receiving these emails from Sponsor at any time.
PRIZE & ODDS
6. Prize (1): Four (4) General Admission tickets to the Bolts Brew Fest (the ″Event″) at AMALIE Arena, 401 Channelside Drive, Tampa, Florida, on August 5, 2022 at 8:00 PM ET. ARV: $200.00.
7. The odds of winning depend on the number of entries received.
PRIZE RESTRICTIONS
8. All prize details shall be at Sponsor‘s sole discretion. Each guest must be at least twenty-one (21) years old and may be required to sign a liability waiver and/or (where legal) publicity release prior to receipt of tickets or passes.
9. Event tickets are subject to certain terms and conditions as specified by issuer. Exact seats or viewing areas, if any, will be determined by Sponsor and/or AMALIE Arena. Event dates and times are determined in the discretion of AMALIE Arena and/or Event hosts, as applicable, and may be subject to change. All prize tickets and passes are valid only on the date set forth above in the prize description or on the tickets or passes. Event tickets awarded as part of the prize may not be resold or offered for resale or used in any way for commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification, prize forfeiture, and/or revocation of any license granted by the Event tickets.
10. Winner and guests agree to submit to any temperature and other screenings required by Event organizer and/or AMALIE Arena as a condition of admission to any Event or participation in or attendance at any other prize-related activities. Without limiting the generality of the foregoing, winner and guests must comply with all other Event organizer and AMALIE Arena COVID guidelines, safety measures and/or protocols in connection with the Event ticket and/or pass prize component, including any temporary or permanent social distancing requirements and/or mask or face covering requirements. Refusal to comply with all applicable COVID-19 requirements may result in forfeiture of the prize and no replacement or alternate prize will be provided. Sponsor shall not be responsible under any circumstances whatsoever for providing the winner with any form of compensation for any prize or portion thereof forfeited due to the refusal of the winner or his/her/their guests to comply with all applicable COVID-19 requirements. For more information about COVID protocols, visit https://www.amaliearena.com/plan-your-visit/fansafetyguidelines. Sponsor does not have complete control over COVID-19 protocols imposed by any venue and provides this link as a courtesy and without any representation as to the accuracy or currency of the information. As health authority recommendations continue to evolve, venue and other third-party pandemic procedures are regularly updated, and winner and guests are solely responsible for ensuring access to the most up-to-date information.
11. In addition, winner and guests are responsible for observing all applicable laws, guidelines, regulations, orders and directives at the time of the Event to guard against contracting and/or transmitting the COVID-19 virus (as defined by the World Health Organization and any of the strains, variants or mutations thereof), which may include, without limitation, the observance of social distancing guidelines, frequent washing of hands and use of hand sanitizers, and the wearing of face masks, gloves, and other personal protection equipment, and other safety measures.
12. Sponsor, Event organizer and/or AMALIE Arena reserve the right to remove or to deny entry to any person, including the winner or guests, who engages in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Event. Without limiting the foregoing, your use of any Event tickets or attendance at the Event or any Event-related activity is subject to all AMALIE Arena rules, regulations, policies and restrictions. Visit https://www.amaliearena.com or call (813) 301-6500 for more information about AMALIE Arena.
13. Released Parties (below) will not be responsible for weather conditions, Acts of God, acts of terrorism, epidemic, pandemic (including COVID), civil disturbances, artist/performer/player/official/labor strike, work stoppage, natural disaster or any other event or occurrence outside their control (each, a “Force Majeure Event”) that may cause the cancellation, postponement or restricted viewing of the Event. The terms and conditions of the tickets awarded as part of the prize will govern in the event the Event is not held or that spectators/fans are not permitted to physically attend, as applicable, due to a Force Majeure Event or any other reason.
14. Event’s and/or AMALIE Arena’s Ownership of Work. Winner and guests (each, an “Attendee”) acknowledge and agree that (a) upon acceptance of an Event ticket and (b) upon entry to the Event, Event organizer and/or AMALIE Arena or their respective designee(s), successor(s) or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Attendee’s name, image, portrait, photograph, voice and/or other likeness, without compensation or notification to, or additional consent by, Attendee. Attendee further acknowledges and agrees that Event organizer and/or AMALIE Arena or their respective designee(s), successor(s) or assign(s) shall be the sole and exclusive owner of any such work in connection with the AMALIE Arena or Event that contains Attendee’s image, voice and/or likeness.
15. Sponsor will not replace any lost, mutilated, or stolen event tickets or passes. The winner assumes sole responsibility for all expenses and incidental costs associated with the prize not expressly included in the prize description above, including without limitation, all federal, state and/or local taxes, including sales, use and income taxes (if any), all transportation, travel and/or lodging, food, beverages, snacks, tips, gratuities, parking, concessions, souvenirs, merchandise, upgrades, extras, COVID tests, personal items, surcharges, fees and/or other items. Any person who wins prizes through any promotions sponsored or offered by Sponsor with a cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 MISC Form or other required tax document(s).
16. Prize is not redeemable for cash and may not be sold, bartered or auctioned. The right to receive the prize is personal to winner and is not transferable. Any portion of prize not accepted by the winner is forfeited and no cash or substitute will be offered or permitted. Prize may not be substituted except that Sponsor in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced. The prize offered is provided “as is” with no warranty or guarantee either express or implied by Released Parties (below). Merchandise prize or prize components (if any) carry no warranty other than that offered by manufacturers. Released Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
TO ENTER
17. Entries will be accepted starting on July 27, 2022 at 12:00 PM (noon) ET and ending on August 3, 2022 at 12:00 PM (noon) ET (the “Sweepstakes Period”). To enter, visit https://editorial.theidentitytb.com/bolts-brew-fest-2022-sweepstakes/ (the “Sweepstakes Page“) and follow the instructions to complete an official entry form with any required contact information, which may include your full name, street address, email address, daytime phone number, and age or date of birth (the “Required Information”). This is the only method of entry. Entries will not be accepted via any other method.
18. IMPORTANT: MESSAGE AND/OR DATA RATES MAY APPLY TO THE USE OF MOBILE PHONES/DEVICES TO PARTICIPATE IN THE SWEEPSTAKES. WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS. EACH WIRELESS CARRIER’S DATA RATE PLAN MAY VARY, AND YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR INFORMATION ON DATA RATE PLANS AND CHARGES RELATING TO YOUR PARTICIPATION IN THIS SWEEPSTAKES.
19. Entries must include a valid daytime phone number or email address for the entrant. Entrant remains solely responsible for notifying Sponsor of changes in his/her/their contact information. Sponsor is not responsible for voice or electronic communications that are undeliverable because of any form of call blocking, inability to leave a voice message, passive or, as to email, active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an email address, the entry will be deemed made by the “Authorized Account Holder” of the email address used for entry. The Authorized Account Holder is the natural person who is assigned to the email address by the relevant Internet access provider, online service provider, or other organization responsible for assigning email addresses for the corresponding domain. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her/their status as the Authorized Account Holder. If such a dispute cannot be resolved to Sponsor‘s satisfaction, the affected entry will be deemed ineligible.
20. Limit one (1) entry per person. Additional entries received from any such person thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different email addresses or mobile devices, or the submission of false contact information under multiple or different email addresses, mobile devices, identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in Sponsor‘s sole discretion.
21. Entry deadline is August 3, 2022 at 12:00 PM (noon) ET. Entries must be completed no later than the above deadline to be eligible. Proof of sending is not proof of receipt by Sponsor. Sponsor will not accept screen shots as proof of entry.
22. Entrants who fail to provide any Required Information may be disqualified without further notification by Sponsor. Sponsor is not responsible for entries that are lost, misdirected, undelivered, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. Sponsor reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules.
23. The information that you provide in connection with the Sweepstakes may be used by Sponsor in accordance with its Privacy Policy, which is found at https://www.theidentitytb.com/privacy-policy and which may be updated from time to time.
WINNER SELECTION AND PUBLICITY RELEASE
24. On August 3, 2022, or within a reasonable time thereafter, Sponsor or its designee will randomly select one (1) name from all timely received entries. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner. Sponsor reserves the right to award fewer than the stated number of prizes if it does not receive an adequate number of properly submitted and eligible entries.
25. Sponsor will contact the potential winner using information provided on his/her/their entry form. The potential winner must respond to such notification within twenty-four (24) hours and provide requested contact information, verification information and/or signed eligibility documents, liability waiver, publicity release (where legal) and/or other items to Sponsor within twenty-four (24) hours after initial notification and as a condition of receiving prize.
26. If the potential winner (a) cannot be contacted directly by, or does not respond to, Sponsor or its designee within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, Sponsor in its discretion may disqualify that individual and an alternate winner will be by random drawing as soon as reasonably practicable after such disqualification. Alternate winner must respond to initial notification within twenty-four (24) hours, or by 4:00 PM ET on August 5, 2022, whichever is earlier, and provide any requested verification materials within twenty-four (24) hours after initial notification, or by 4:00 PM ET on August 5, 2022, whichever is earlier. Sponsor will make one (1) attempt to verify an alternate winner for the prize. If Sponsor is unable to verify an alternate winner for the prize after one (1) attempt, or there is not enough time remaining prior to the Event to verify an alternate winner, no further attempt will be made for the prize and the prize will not be awarded.
27. Confirmed winner will receive instructions from Sponsor or its designee on how to claim or receive prize. If applicable, Sponsor in its discretion, may permit the verified winner to authorize, in writing, another adult to pick up his/her/their prize; however, the winner must agree to release and hold Released Parties (as defined below) harmless from all liability for any prize claimed by his/her/their authorized designee and the winner’s designee will be required present photo ID. Upon fulfilling the prize, Sponsor will be deemed to have awarded the prize to the winner and he/she/they will assume full responsibility for the prize. Upon fulfilling the prize, Sponsor will be deemed to have awarded the prize to the winner and the winner assumes full responsibility for the prize. If the prize is mailed or shipped, the winner shall assume all risk of loss, damage, theft, late or missed delivery.
28. Sponsor may, in its sole discretion, post the verified winner’s name on the Sweepstakes Page and/or any of Sponsor‘s websites, including https://www.theidentitytb.com, and on or in any of Sponsor‘s social media pages or channels. Except as provided in these Official Rules or otherwise required by law, Sponsor is not responsible for entering any correspondence or discussion regarding any Sweepstakes results.
PUBLICITY RELEASE
29. By accepting a prize, winner agrees to award Sponsor the right to publicize his/her/their name, photographs (including the use and appearance of his/her/their photograph on its websites), likeness, biographical information, email address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
30. As noted above, winner and guests must agree to observe all applicable laws, guidelines, regulations, orders and directives at the time of the Event to guard against contracting and/or transmitting the COVID-19 virus (as defined by the World Health Organization and any of the strains, variants or mutations thereof) as well as submit to other screenings, including COVID-19 tests and/or submission of proof of COVID-19 vaccination, required by the Event organizer and/or AMALIE Arena as a condition of admission to the Event. An inherent risk of exposure to the novel coronavirus/COVID-19 exists in any public place where people are present. COVID-19 is a highly contagious disease that may result in personal injury, severe illness, and death. According to the Centers for Disease Control and Prevention, senior citizens and persons with underlying medical conditions are especially vulnerable. Please visit the CDC’s website for its current guidance on people at increased risk for severe illness and other people who should take extra precautions. By attending the Event you voluntarily assume all risks related to exposure to COVID-19. Please help keep each other safe. Released Parties cannot guarantee that winner or guests will not be exposed to and/or contract COVID-19 or other contagious diseases. Winner and guests agree that (a) all who attend the Event and/or other prize-related activity do so at their own risk, that (b) winner and guests accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other contagious diseases along with all related consequences, and that (c) winner and guests waive all right to bring any claims, including but not limited to claims of negligence, and agree to execute documents to that effect. Without limiting the generality of the foregoing, and notwithstanding the risks associated with COVID-19, winner and guests acknowledge and fully assume the risk of any illness, disease, personal injury, death, bodily harm, emotional distress and/or psychological harm that thewinner or guests may suffer or incur as a direct or indirect result of accepting a prize or participating in any prize-related activity, including without limitation, contracting COVID-19.
31. By entering the Sweepstakes, accepting a prize and/or otherwise participating in the Sweepstakes, you agree that Sponsor, AMALIE Arena, Lightning Hockey, Tampa Bay Arena, TBS Entertainment, VSGE, Creative Loafing Tampa Bay, Inc., Facebook, Inc. (“Facebook“), Twitter Inc. (“Twitter“), Instagram by Facebook (“Instagram“), the NHL Entities (defined below), any other company involved in any way with the Sweepstakes, their respective parent companies, affiliates, subsidiaries, distributors, advertising and promotion agencies, prize suppliers, franchisees, and all of their respective officers, directors, agents, employees and related persons (collectively, the “Released Parties”) (a) are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including but not limited to: failed, incomplete, misdirected, corrupted, garbled or delayed transmissions, telephone connections, traffic congestion on telephone lines, the Internet or at any website; or disconnected, interrupted, or unavailable network, server, or other connections; or late, lost, undeliverable, damaged or stolen mail; or other errors of any kind, whether human, mechanical, or electronic; or entries that for any reason are not properly submitted or received by Sponsor by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes or in the printing of this offer, administration of this Sweepstakes, or in the selection or announcement of the winner or prize, or otherwise in any Sweepstakes-related materials; (c) are not responsible for any injury or damage to any computer, tablet, smartphone, modem or other device as a result of participation in this Sweepstakes or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Sweepstakes; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Sweepstakes, the acceptance of entries, the selection of the winner, the prize or otherwise in any Sweepstakes-related materials; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Sweepstakes (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Sweepstakes, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize.
32. The term “NHL Entities” shall mean the National Hockey League (“NHL”), NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, National Hockey League Foundation, NHL Foundation, each of the member clubs of the NHL, and each of their respective subsidiaries or affiliated entities, including any entity which, now or in the future, controls, is controlled by, or is under common control with the NHL or any of its member clubs, member clubs, and each of their respective parents, governors, subsidiaries, affiliates, directors, officers, employees, partners, shareholders, owners and agents.
33. RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE SWEEPSTAKES OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF THE PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE SWEEPSTAKES PAGE OR RELATED WEBSITES OR MOBILE PLATFORMS, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SWEEPSTAKES.
34. BY ENTERING THE SWEEPSTAKES OR ACCEPTING A PRIZE, YOU AGREE TO RELEASE AND HOLD RELEASED PARTIES HARMLESS FROM ALL ALLEGED, EXISTING, OR FUTURE ACTIONS, CLAIMS, AND/OR LIABILITIES OF WHATEVER NATURE INCLUDING, BUT NOT LIMITED TO, ILLNESS (INCLUDING CONTRACTING COVID-19 (AS DEFINED BY THE WORLD HEALTH ORGANIZATION AND ANY OF THE STRAINS, VARIANTS OR MUTATIONS THEREOF) AND/OR ANY RELATED ILLNESS), PERSONAL INJURY, BODILY INJURY (INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND DISABILITY), PROPERTY DAMAGE, AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) AND LOSS OR DAMAGE OF ANY OTHER KIND, RELATING TO OR ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, (A) YOUR PARTICIPATION OR INABILITY TO PARTICIPATE, IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED OR PRIZE-RELATED ACTIVITY; (B) THE USE BY RELEASED PARTIES (INCLUDING MODIFICATION, ADAPTATION, AND REPRODUCTION) OF ENTRY MATERIALS DURING OR AFTER THE SWEEPSTAKES; (C) THE DELIVERY, ACCEPTANCE, POSSESSION, REDEMPTION, USE, MISUSE, LOSS, OR MISDIRECTION OF THEPRIZE; AND (D) ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST ANY RELEASED PARTY. IF, FOR ANY REASON, ANY INDIVIDUAL’S ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, THAT INDIVIDUAL’S SOLE REMEDY IS ANOTHER ENTRY, IF IT IS POSSIBLE.
35. BY ENTERING THE SWEEPSTAKES, ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, YOU FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET COSTS DESCRIBED ABOVE.
36. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
MISCELLANEOUS, DISPUTES & TRADEMARKS
37. Sponsor reserves the right to cancel, suspend or terminate this Sweepstakes, or any part thereof, if Sponsor determines, in its sole discretion, that the security, administration, fairness and/or operation of the Sweepstakes has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, regularly scheduled maintenance, malfunction, or any other cause beyond Sponsor‘s control. In such an event, Sponsor will post notice of same at the Sweepstakes Page and select the winner at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Sweepstakes or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
38. Note: Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole and absolute discretion, to terminate or suspend all or part of this Sweepstakes in the event that (a) its ability to award the prize or any portion thereof is restricted or prohibited by any federal, state and/or local governing or regulatory body or agency, or by law or regulation; (b) any prize travel or prize activity is cancelled, postponed, or suspended by any third party as a result of any decision, decree or recommendation of any federal, state and/or local governing or regulatory body or agency, including any public health authorities; (c) that such prize travel or attendance or participation in any prize activity is discouraged or recommended against by any public health authority; or (d) Sponsor reasonably concludes in its sole discretion that such travel or activities cannot be offered or enjoyed in a manner that is sufficiently safe to the relevant participants, employees or affected general public; whether any of the foregoing arise out of or result from new, ongoing or re-emerging occurrence in connection with COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), travel bans, travel restrictions, “stay at home” government orders, guidelines or advisories, health crisis, or other causes outside of Sponsor‘s control. For the avoidance of doubt, Sponsor‘s failure or inability to award the prize offered, or otherwise to otherwise comply with any provision of these Official Rules as a result of the foregoing or of act of God, hurricane, earthquake, fire, volcanoes, war, riot, act of terrorism (domestic or otherwise), act of public enemies, actions of governmental authorities, restraints of public authority, or any similar or dissimilar occurrence or anything else beyond Sponsor‘s control (excepting compliance with applicable codes and regulations) or other force majeure event that makes awarding any prize offered in this Sweepstakes impracticable, inadvisable, impossible or illegal or that otherwise materially affects Sponsor‘s ability to provide the prize will not be considered a breach of these Official Rules and Sponsor will have the right in its sole discretion to award a different prize, cancel or rescind the relevant prize and/or cancel the Sweepstakes as a whole.
39. Sponsor reserves the right to disqualify any individual from further participation in the Sweepstakesif Sponsor concludes, in its sole discretion, that such person (a) has attempted to tamper with any entry or selection process or other any operation of the Sweepstakes, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards Sponsor or any other entrant or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including by using any prohibited device or method. Any failure by Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
40. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
41. All activity arising out of and relating to the Sweepstakes, including any reference to the status of any person as a ”winner” is subject to verification and/or auditing for compliance with the Official Rules. If Sponsor determines, in its sole discretion, that verification or auditing activity evidences non-compliance of any entry and/or entrant with the Official Rules, Sponsor reserves the right to disqualify such entry and/or entrant from the Sweepstakes and any prize at any time. Sponsor reserves the right to conduct a background check on the potential winner and to disqualify any individual based on such background check if Sponsor determines, in its sole discretion, that awarding a prize to any such individual might reflect negatively on Sponsor. Each participant agrees to cooperate with Sponsor and its representatives in connection with all verification, auditing and/or background check activities.
42. Sponsor reserves the right to correct typographical, printing or clerical errors in any Sweepstakes-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
43. Except where prohibited by law, by participating in the Sweepstakes, you expressly agree that (a) all disputes and causes of action arising out of or connected with the Sweepstakes or the prize shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules in Hillsborough County, Florida; and (b) judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
44. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Sweepstakes, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
45. By entering, accepting a prize and/or otherwise participating in the Sweepstakes, you expressly agree that any legal proceedings not subject to arbitration and arising out of or relating in any way to this Sweepstakes or these Official Rules shall be brought only in the federal or state courts located in Hillsborough County, Florida, and you consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
46. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Sweepstakes-related materials, including but not limited to the Sweepstakes entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NHL ENTITIES & TRADEMARKS
47. NHL marks and logos are the property of NHL. Lightning marks and logos are the property of Lightning Hockey, L.P. All rights reserved. Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes or of Sponsor. Neither Facebook, Twitter, Instagram nor the NHL Entities sponsor or endorse this Sweepstakes or Sponsor. Any questions or complaints about this Sweepstakes must be directed to Sponsor and not to Facebook, Twitter, Instagram or the NHL Entities.
WINNER’S NAME/OFFICIAL RULES
48. For a copy of the Official Rules or the final Winner’s Name, visit the Sweepstakes Page or https://www.theidentitytb.com or mail a SASE to: Bolts Brew Fest Sweepstakes c/o Identity Tampa Bay, 401 Channelside Drive, Tampa, Florida 33602, specifying either “Winner’s Name” or “Official Rules.” Winner’s Name will be available after September 2, 2022.
49. Sponsor: Identity Tampa Bay.