Terms and Conditions
1. DEFINITIONS A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” or “Sierra Nevada” refer to Sierra Nevada Brewing Co., a California corporation. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Sierra Nevada Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Sierra Nevada or its users, such as data providers who license data to Sierra Nevada for use on the Site.
When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Sierra Nevada immediately on any unauthorized use of your account, user name, or password. Sierra Nevada shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Sierra Nevada, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USER CONTENT. You grant Sierra Nevada a license to use the materials you post to the Site. Any and all User Content posted to the Site may first be reviewed and approved by Sierra Nevada, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting Sierra Nevada , its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Sierra Nevada , its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Sierra Nevada may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
6. INTELLECTUAL PROPERTY OWNERSHIP. All Sierra Nevada Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Sierra Nevada and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Sierra Nevada and protected by U.S. and international copyright laws. All software used on this site is the property of Sierra Nevada or its software suppliers and protected by United States and international intellectual property laws. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sierra Nevada or our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Sierra Nevada name or trademarks without the express written consent of Sierra Nevada. You may not use any direct linking or source-calling of any media presented on this website.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Sierra Nevada has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Sierra Nevada’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Sierra Nevada to delete, edit, or disable the material in question, you must provide Sierra Nevada with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sierra Nevada to locate the material; (d) information reasonably sufficient to permit Sierra Nevada to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Sierra Nevada at firstname.lastname@example.org.
9. PROHIBITED USES. Sierra Nevada imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Sierra Nevada in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
11. RETURN POLICY. We want you to be completely satisfied with your purchase of Sierra Nevada merchandise on www.sierranevadagiftshop.com. We will gladly replace, exchange, or return any damaged, defective or unused item, provided the following conditions are met: (a) The product has not performed within reasonable expectations. An exchange or refund will not be given for products that have been used or products that have been damaged as the result of customer misuse or neglect. (b) Please enclose the sales receipt and return information. (c) We are not able to return or exchange any food or personal care items unless they are damaged or defective upon receipt.
12. NO WARRANTIES. SIERRA NEVADA HEREBY DISCLAIMS ALL WARRANTIES. SIERRA NEVADA IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIERRA NEVADA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SIERRA NEVADA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. SIERRA NEVADA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIERRA NEVADA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SIERRA NEVADA. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
20. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Sierra Nevada also reserves the right to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
21. COPYRIGHT. All contents of Site or Service are: Copyright © 2012 Sierra Nevada. All rights reserved.
2. NOTICE CONCERNING UNDERAGE USERS. You must be at least twenty one (21) years of age to access our Site and/or purchase products and items from our Site. We do not direct any of our content at persons under 21 years of age. We understand and are committed to respecting the sensitive nature of online privacy. If we learn or have reason to suspect that a Site user is under age 21, we will promptly delete any personal information in that user’s account.
3. TYPES OF INFORMATION COLLECTED
(3.1) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) your operating system (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for for improving your experience on the Site.
We also may use small pieces of information that a website sends to your computer’s hard drive while you are viewing the site (“cookies”) to remember your age and birth date so you do not have to re-enter it each time you visit the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Site may not work properly or at all.
(3.2) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and to purchase items and products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and/or (2) Financial Data (such as your account or credit card number). If you communicate with us via e-mail, or otherwise complete purchase orders, surveys, or any other online forms, any information provided in such communication may be collected as Personal Information.
We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the purposes identified in Section 4, below. We will not use your information in a manner different than the purpose for which it is collected, without obtaining your consent prior to such use.
(3.3) CONTACTING SIERRA NEVADA. If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication. Any such contact with Sierra Nevada should be made pursuant to Section 9, below.
4. USES OF INFORMATION COLLECTED
(4.1) COMPANY USE OF INFORMATION. We use Contact Data to contact you when necessary. We will also use Contact Data to send you information about our company or our products or services only if you choose to opt in to receiving such information. We use your Financial Data to bill you for items and products.
6. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may contact us at email@example.com.
7. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card or other Financial Data is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number from your account and update our records accordingly.
8. PUBLIC INFORMATION. The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also may make chat rooms, forums, message boards, product review boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.
10. LINKS. The Site may contain links to third party websites with which we have no affiliation. Except as set forth above, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
IT’S SUMMER FESTIVAL SEASON
NO PURCHASE NECESSARY AND NO ENTRY FEE REQUIRED TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
ODDS OF WINNING DEPEND ON THE TOTAL NUMBER AND OVERALL QUALITY OF ENTRIES RECEIVED. THE MORE CREATIVE YOU ARE, THE BETTER YOUR CHANCES, AND BELIEVE ME, WE HAVE SOME HIGH STANDARDS.
BY ENTERING THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH ANY OF THE RULES OR CONDITIONS WILL RESULT IN DISQUALIFICATION. WE’RE NOT MAD, JUST DISAPPOINTED. RESTRICTIONS APPLY SO PLEASE DO AS WE SAY.
CONTEST: Beginning 12:01am PDT (Pacific Daylight Time) on April 1, 2014 and ending 11:59pm PDT (Pacific Daylight Time) on May 31, 2014, eligible contestants must tell us “What talent they will bring to the party!” by submitting one of three ways as instructed in these Official Rules. Eligible entries will be reviewed based on originality, creativity, ingenuity, cleverness, resourcefulness, and pure entertainment.
PRIZE: 70 eligible contestants (10 per regional festival) that submit the best entries will be selected as the winners. Each winner will receive one (1) VIP trip for two to a locally supported Sierra Nevada music festival including travel, accommodations, and VIP tickets.
What is It’s Summer Festival Season? Here it is in a nutshell:
It’s Summer Festival Season is focused on the summer music festival season and tie-in with the music festivals Sierra Nevada supports throughout the country. We are giving our drinkers a chance to join us for a full VIP experience at one of seven regional music festivals we sponsor. We’ll host a full VIP experience with camping, tickets, transportation and all food provided by your friends at Sierra Nevada the whole time you’re on site. We can’t wait to spend our summer hanging with the coolest folks around!
SELECTION OF CONTEST WINNERS: The seventy (70) esteemed winners will be selected because they will make for the most interesting, exciting, and fun time around the campsite. Ten (10) winners will be chosen from each festival region.
Each winner will be eligible to attend the local festival in their region of the country. There are seven regional festivals broken down by state:
Region 1, High Sierra Music Festival: Nor-Cal, Northern Nevada, HIRegion 2, Joshua Tree Music Festival: So-Cal, Southern Nevada, AZ, NMRegion 3, Telluride Blues & Brews: ID, MT, WY, UT, COPNW, Timber Outdoor Music Festival: OR, WARegion 4, Forecastle: ND, SD, NE, KS, OK, MN, IA, MO, AR, WI, IL, IN, KY, OH, MI, WVRegion 5, Gathering of the Vibes: ME, VT, NH, MA, CT, RI, NY, PA, NJ, MD, DE, DCRegion 6, Floyd Fest: TX, LA, MS, AL, GA, FL, SC, NC, VA
Each winner will be solely responsible for any and all taxes, and/or fees, and must be willing to provide Sierra Nevada Brewing Co. with relevant tax processing information so everyone involved is compliant with all tax requirements, as required by law. The gov’ment’s gotta get their share. Each winner will receive one (1) VIP trip for two to a locally supported Sierra Nevada music festival including travel, accommodations, and VIP tickets.
The total prize value per winner is estimated at $1,300.00, based on airfare, and the total prize value for all seventy (70) winners is estimated at $91,000.00. Any additional travel expenses not explicitly described herein, including transfers costs - whether incidental or intentional - whatsoever of any nature are the sole responsibilities of each winner. Keep the diamonds, limousines, and caviar on your own credit card please. Further, each winner is responsible for lodging and any meals occurring outside the dates of the regional It’s Summer Festival Season partnership festival and not otherwise described herein.
ELIGIBILITY: We think that all of our consumers are as unique and beautiful as snowflakes, and would love to have you all join us at a festival this summer. Unfortunately this is reality, and we can only have room for a few folks to join us at each festival. While we appreciate our consumers everywhere, certain restrictions apply. Contestants must be legal residents of the 50 United States or the District of Columbia and 21 years of age or older at time of entry. Void Tennessee and anywhere else otherwise prohibited by law.
Employees, officers, lackeys, good friends, and representatives of Sierra Nevada Brewing Co. and its licensed industry members, including all retailers, manufacturers, and wholesalers, as well as industry members’ immediate families and/or households or pets, are not eligible to enter this Contest, You guys live the dream every day, give somebody else a chance, will ya?
ENTRY PROCEDURE: There are three ways to enter this Contest, as specified below. No other methods of entry will be accepted. You may enter more than once in this Contest. False or fake entries will automatically be disqualified, and make you a bad person. Regardless of the entry method used, all entries must be received on or before 11:59pm PDT (Pacific Daylight Time) on May 31, 2014.
Contestants pick one of three (3) ways to enter:
Go to www.summerfestbeer.com to complete the It’s Summer Festival Season Contest entry form – REMEMBER to complete ALL required fields, and tell us “What talent you will bring to the party.”Enter via text message: to get started text SUMMERFEST to 55155, and tell us what talent you’ll bring to the party.Enter via Facebook, Twitter, or Instagram using #SUMMERFESTBEER, and tell us what talent you will bring to the party.
CONTENT SUBMISSION: All entries and all photos, included therein become the exclusive property of Sierra Nevada Brewing Co. By entering this Contest, you: 1) grant Sierra Nevada Brewing Co. permission to use, in perpetuity and at our sole discretion, your name and likeness on our website and any other promotional materials, in any and all media now known or hereafter devised, without further compensation to you, unless prohibited by law; 2) represent and warrant that you are the original creator of all visual, audiovisual, and written material included in your entry, and that such material does not contain any elements created or owned by anyone else, or anything that violates a trademark, tradename, logo, likeness, copyright, patent, publicity, privacy or other rights of anyone else; 3) represent and warrant that no visual, audiovisual, and/or written material included in your entry has been produced or commercially exploited before; and 4) represent and warrant that no visual, audiovisual, and/or written material included in your entry contains any defamatory, libelous, illegal or obscene content.
REASONS WHY YOUR ENTRY MIGHT BE AXED: 1. Your entry featured minors or any persons under the legal drinking age (except incidental and not part of the primary content.) C’mon guys, we all know you think your niece holding a beer bottle is cute, but we also know combining underage folks and beer is just a bad idea. 2. Your entry featured explicit nudity (by any person over and under the legal drinking age). Keep it in your pants…nobody needs to see that. 3) Your entry included disparaging context regarding competitive products. Of course we think we make the best beer in the world, but there are a lot of great beers that folks work really hard to bring to you. Can’t we all just get along? Any entry that fails to abide by these conditions will not be considered. You work so hard to be creative, why screw it up by doing something dumb?
CLAIM YOUR PRIZE: You can only claim your prize if we can reach you! Entries using the #summerfestbeer will be contacted through the social media channel they entered through (Facebook, Twitter, or Instagram). Winners who entered via text message will be contacted by phone. Winners who entered via www.summerfestbeer.com will be contacted via email. We will not contact anyone via snail-mail, smoke signals, or carrier pigeons, and the pony express went bust 140 years ago. Sierra Nevada Brewing Co. will notify all Seventy (70) winners on or before June 15th, 2014 by 11:59pm PDT (Pacific Daylight Time). Sierra Nevada Brewing Co. must receive a response to the notification within five (5) calendar days of the notification date. If the potential winner fails to respond, or if the notification is undeliverable, the winner shall have forfeited the prize, and an alternative winner will be selected; however Sierra Nevada Brewing Co. is not obligated to do so. Again, give us an email address and respond when we come lookin’ or the party’s over for you.
WINNERS WILL BE INELGIBILE TO RE-ENTER THE CONTEST FOR ONE (1) YEAR.
DISCLAIMER, RELEASE AND INDEMNITY: By entering this Contest, each contestant agrees and acknowledges that neither Sierra Nevada Brewing Co. nor any of its employees, agents, representatives, contractors, service providers and professional advisers connected with this Contest (hereinafter collectively “Sierra Nevada Related Parties”) shall be responsible or liable for: (i) any late, lost, stolen, forged, mutilated, corrupted, incomplete, illegible or misdirected entries; (ii) any errors, omissions, misinformation, or misidentification in an entry; (iii) any dispute or claim arising from a contestant’s participation in this Contest or his/her entry, or his/her receipt, ownership or use of the prize; (iv) any computer hardware, software, Internet, network, cable, phone, or other communication or technical errors, failures, malfunctions, interruptions, or delays; or (v) any damage to a contestant’s or any other person’s computer hardware, software or data that results from participation in this Contest or accessing, downloading or using any tools, files, data, software, or other articles or materials in connection with this Contest. Sierra Nevada Brewing Co. also reserves the right to prohibit the participation of any individual if fraud or tampering is suspected, or the failure to comply with any provision of these Official Rules.
By entering this Contest, each contestant agrees, to the maximum extent permitted by applicable law, to release, discharge, indemnify, defend, and hold harmless Sierra Nevada Brewing Co. and Sierra Nevada Related Parties from any and all claims, suits, causes of action, liabilities, damages, judgments, costs and expenses (including, without limitation, attorneys’ fees) arising from or as a result of (i) his/her participation in this Contest or his/her receipt, ownership or use of any prize awarded in this Contest, (ii) his/her breach of any of the contestant representations and warranties set forth in these Official Rules, and/or (iii) his/her breach or violation of any of the other provisions of these Official Rules.
RESERVATION OF RIGHTS: Sierra Nevada Brewing Co. reserves the right, to the extent permitted by applicable law, to terminate, cancel, modify or suspend this Contest, in whole or in part, if fraud, technical failures or any other factor beyond Sierra Nevada Brewing Co.’s reasonable control impairs the integrity of this Contest as determined by Sierra Nevada Brewing Co. in its sole discretion. If this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or otherwise does not permit entry, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sierra Nevada Brewing Co.’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this Contest, Sierra Nevada Brewing Co. reserves the right, at its sole discretion and to the extent permitted by applicable law, to disqualify any individual implicated in such action, and/or to cancel, terminate, cancel, modify or suspend this Contest, in whole or in part. Any attempt by a contestant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made Sierra Nevada Brewing Co. reserves the right to seek damages and/or other remedies from any such person to the maximum extent permitted by applicable law. In addition, Sierra Nevada Brewing Co. reserves the right to take down and remove any entry that becomes subject to a third-party claim for copyright infringement or for violation of any other right.
DISPUTES: This Contest is governed by the laws of the United States and the laws of the State of California, without respect to conflict of law doctrines.
COPIES OF OFFICIAL RULES: To request a copy of these Official Rules, please email your request to firstname.lastname@example.org after June 15, 2014.
WINNER INFORMATION: To learn the actual number of entries received and the winners selected in this Contest, please email your request to email@example.com after June 15, 2014.
©2014 Sierra Nevada Brewing Co. SIERRA NEVADA® is a registered trademark of Sierra Nevada Brewing Co.