The Blue Moon® Raise a Moon Donation Program ("Program") is sponsored by MillerCoors LLC ("Sponsor"), 311 10th Street, Golden, CO USA 80401, and is administered by Prize Logic, LLC ("Administrator"), 25200 Telegraph Road, Suite 405, Southfield, MI USA 48033.
1. PROGRAM PERIOD: The Program begins at or about 12:00 AM Eastern Time ("ET") on March 1, 2014, and ends at 11:59:59 PM ET on March 1, 2014 ("Program Period"). The Administrator's computer is the Program official clock.
2. ELIGIBILITY: Only legal U.S. residents who are at least twenty-one (21) years old will be able to participate in the Program. Employees, directors, officers and agents of Sponsor, Administrator, Americans for the Arts, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Program ("Program Entities"), as well as the members of each of their immediate families (spouse, parents, children, siblings and in-laws) and persons residing in the same household as such individuals are not eligible to participate. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Program are not eligible to participate. Void where prohibited or restricted by law.
Participation constitutes participant's full and unconditional agreement to these Terms & Conditions and Sponsor's decisions and interpretations, which are final and binding in all matters related to the Program.
3. HOW TO PARTICIPATE: During the Program Period, an eligible participant must log on to his/her Twitter account and retweet the Sponsor-published tweet at @BlueMoonBrewingCo, including, but not limited to, the hashtags "#over21", "#RaiseAMoon", or any other designated hashtags as published by the Sponsor ("reTweet"). Only retweets will be considered valid. For every reTweet completed by an eligible participant, Sponsor will donate $5 to Americans for the Arts. Regardless of the number of reTweets received, Sponsor will make a maximum donation of $10,000 as a result of this Program.
Note: The Sponsor will make all of the donations to Americans for the Arts in the Program. Participants are not making any donations in the Program and will not receive a receipt nor will they be eligible to claim any charitable deductions on their tax returns as a result of this Program. The Sponsor and Administrator are not tax professionals and do not provide tax advice. For more information, or to contribute to Americans for the Arts, visit www.americansforthearts.org/.
If a participant accesses Twitter on his/her mobile device to participate in this Program, the participant's wireless service provider may charge the participant for applicable data charges. Participants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply. Participants should review their mobile device's capabilities for specific app instructions.
4. LIMITATION OF LIABILITY: By participating in this Program, participants agree that the Program Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents ("Released Parties") are not responsible for: (i) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; (ii) garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; (iii) any technical, mechanical, printing or typographical or other error; (iv) the incorrect or inaccurate capture of information or the failure to capture, or loss of, any such information; (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Program-related website; (vi) any injury or damage, whether personal or property, to participant's or to any person's computer related to or resulting from participating in the Program; and (vii) reTweets that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms & Conditions.
By participating in this Program, each participant agrees: (i) to be bound by these Terms & Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms & Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys' fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program-related activity or element thereof, and a participant's reTweets, participation or inability to participate in the Program; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) human error; (d) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; or (e) the negligence or willful misconduct by participant.
If, for any reason, the Program is not capable of running as planned, or the integrity and or feasibility of the Program is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Program and/or proceed with the Program in a manner it deems fair and reasonable. If Sponsor, in its discretion, elects to alter this Program as a result of a Force Majeure event, a notice will be posted at www.promorules.com/pl1928.
Without limiting the foregoing, everything regarding this Program is provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
5. DISPUTES: THIS PROGRAM IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN JEFFERSON COUNTY, COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN JEFFERSON COUNTY, COLORADO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROGRAM ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
6. GENERAL: This Program is subject to all federal, state and local laws and regulations. Any attempted form of participation in this Program other than as described herein is void. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms & Conditions or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms & Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision. Sponsor's failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Program details contained in these Terms & Conditions and the Program details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Program as set forth in these Terms & Conditions shall prevail.
Sponsor: MillerCoors LLC, 311 10th Street, Golden, CO USA 80401.