Fish Your Heart Out 2021

Fish your heart out at some of the best trout fishing locations in the country with Bell’s Brewery!

Enter for your chance to win!

 

 

Fish your heart out at some of the best trout fishing locations in the country with Bell’s Brewery! We also have fun fishing prizes like a personal fishing raft, custom cooler, and more!

ONLY LEGAL U.S. RESIDENTS RESIDING IN THE STATE OF new york WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER ARE ELIGIBLE TO ENTER.

 

Having issues with your text entry? Recently, cellular carriers have changed their policies which will prohibit the sharing of short codes across multiple brands. This is an industry-wide change that affects all SMS marketing, not just Bell’s Brewery. Soon cellular carriers will be shutting down shared short codes which will prevent you from entering through this method. Each carrier has a different date for when they’ll be making this change and some haven’t provided an exact one yet. Your web entry, however, will be unaffected.

Entry Form

You must be over the age of 21 in order to enter this sweepstakes.

 

 

 

By submitting an entry, you affirm that you have read, understand, and agree to the Official Rules for this Sweepstakes.

 

BELL’S FISH YOUR HEART OUT NEW YORK SWEEPSTAKES

 

OFFICIAL RULES

 

MESSAGE AND DATA RATES MAY APPLY TO ENTRY VIA TEXT MESSAGE

 

BY SUBMITTING AN ENTRY VIA TEXT MESSAGE, ENTRANTS ARE PROVIDING EXPRESS, WRITTEN CONSENT TO RECEIVE UP TO FIVE (5) PROMOTIONAL TEXT MESSAGES PER MONTH VIA AUTOMATED TECHNOLOGY FROM THE SPONSOR. ENTRANTS WILL BE GIVEN THE OPPORTUNITY TO “OPT OUT” (OR UNSUBSCRIBE) EACH TIME THEY RECEIVE A TEXT MESSAGE BY SENDING “STOP” TO SHORTCODE 31996. CANCELLATION BY THIS METHOD WILL NOT ELIMINATE AN OTHERWISE VALID ENTRY INTO THE SWEEPSTAKES.  FOR HELP AT ANY TIME, TEXT “HELP” TO SHORTCODE 31996. CONSENT IS NOT REQUIRED TO BUY GOODS AND SERVICES.

 

 

NO PURCHASE NECESSARY

 

  1. PROMOTION DESCRIPTION:  The Bell’s Fish Your Heart Out New York Sweepstakes (the “Sweepstakes”) begins on 2/1/21 at 12:00:00 AM Eastern Time (“ET”) and ends on 3/31/21 at 11:59:59 PM (ET) (the “Sweepstakes Period”).  By entering the Sweepstakes, you will automatically receive one (1) entry into the Bell’s Fish Your Heart Out National Sweepstakes (the “National Sweepstakes”).  The National Sweepstakes is subject to separate official rules available at www.FishYourHeartOut.com.  Except as otherwise stated herein, entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Bell’s Brewery, Inc., 8690 Krum Avenue, Galesburg, MI  49053 (“Sponsor”), which shall be final and binding in all respects.

 

  1. ELIGIBILITY:  Only legal United States residents residing in the state of New York who are twenty-one (21) years of age or older are eligible to enter.  Employees, officers, and directors of Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies (collectively, the “Sweepstakes Entities”), and wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees (collectively, “Licensees”) and immediate family members and/or those living in the same household of any of the Sweepstakes Entities or Licensees are not eligible to participate.  Sweepstakes is void outside of New York and where otherwise prohibited by law.

 

  1. HOW TO ENTER: There are two (2) way to enter the Sweepstakes, as follows:

 

  1. TEXT MESSAGE ENTRY: To enter via text message, from your wireless phone, text the keyword “BellsFishing” (the “Keyword”) to the short code 31996 (the “Short Code”).  After sending your text message entry, you will then receive a text message back asking you to confirm your date of birth.  Once it is verified that you are at least twenty-one (21) years of age or older, you will receive one (1) entry into the Sweepstakes.  You may receive one (1) or more text messages in response to your text message, including a text message confirming your entry, and legal disclaimers from the Sponsor, as well as, notification via return text, and you agree to accept any applicable charges associated therewith.  By texting the Keyword to the Short Code, you agree that you are providing Sponsor express, written consent for you to receive up to five (5) promotional text messages per month using automated technology.  You may opt-out of receiving the promotional text messages from Sponsor at any time by sending a reply text message with the word “STOP”.  Consent is not required to buy goods and services.  Ttthe text message method of entry is designed to work with most of the major wireless providers in the United States, but Sponsor makes no guarantee that any particular wireless service provider will participate, and the mobile phone that is used to enter the Sweepstakes must be capable of sending and receiving text messages.  Entrants should check their phone’s features to see if they have that capability.  Wireless service providers may charge entrants for each text message sent and/or received, including any error message that is sent and received in connection with the Sweepstakes, based on the applicable wireless service pricing plan.  Message and data rates apply.  Entrants should consult their wireless service provider’s pricing plan for details.  Entry by sending a text message will not improve your chance of winning.   You are responsible for all applicable fees and taxes associated with placing a text entry.  Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice.  Proof of text messaging the Short Code is not considered proof of delivery to or receipt by Sponsor of such Sweepstakes entry.

 

  1. ONLINE ENTRY: To enter online, go to www.Bellsbeer.com/fishing (the “Website”), complete the entry form with the information requested, and follow the on-screen instructions to submit your entry.  All requested information on the entry form at the Website must be completed to enter and to be eligible to win.  Incomplete entries will be disqualified.  Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry.  Except as contemplated in these Official Rules, personal information collected in connection with this Sweepstakes will be used in accordance with the privacy policy found on the Website.

 

By entering the Sweepstakes, you will automatically receive one (1) entry into the Bell’s Fish Your Heart Out National Sweepstakes (the “National Sweepstakes”).  The National Sweepstakes is subject to separate official rules available at www.FishYourHeartOut.com.

 

NOTE: Online entry must be made by the entrant, only at the Website.  Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.  The use of any device to automate the entry process is prohibited.

 

No automated entry devices, bots and/or other programs and/or software are permitted for entry.  No mechanically reproduced, altered, forged, or facsimile entries will be accepted.  All entries become the sole property of Sponsor and will not be returned.  Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic.  Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes.  Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.  Only fully completed entries are eligible.

 

Limit one (1) entry per person during the Sweepstakes Period, regardless of method of entry.  All entries in excess of this limit will be deemed void.  Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants.  In the event of a dispute over the identity of a participant in the Sweepstakes, participation will be deemed completed by the authorized account holder of the email address or mobile telephone number provided at the time of participation.  “Authorized account holder” is defined as the natural person who is assigned to an email address or mobile telephone number by an Internet access provider, online service provider, wireless carrier, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or mobile telephone number.  The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the email address or wireless account associated with the winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

 

  1. WINNER SELECTION AND NOTIFICATION: On or about 4/2/21, the prize winners will be randomly selected from all eligible entries received in accordance with the deadlines stated in these Official Rules.  The potential prize winners will be notified by email and/or phone, using contact information provided or collected at the time of entry.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. 

 

  1. PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS:

 

One (1) First Prize is available.  First Prize consists of a Fishing Raft and a Kong Cooler.  The ARV of First Prize is $500.

 

Two (2) Second Prizes are available.  Each Second Prize consists of a Kong Cooler.  The ARV of each Second Prize is $250.

 

The total ARV of all prizes available in this Sweepstakes is $1,000.  The odds of winning depend on the number of eligible entries received.  Limit one (1) prize per person in this Sweepstakes and the National Sweepstakes combined.  Except as otherwise stated herein, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason.  All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including other transportation, meals, souvenirs, gratuities, etc. are the sole responsibility of the winner.

 

  1. GENERAL PRIZE CONDITIONS: The potential prize winners may have to sign and return, an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. 

 

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Sweepstakes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

  1. GENERAL: Acceptance of a prize constitutes prize winner’s permission for Sponsor and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries, or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

  1. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MICHIGAN WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

  1. WINNER’S LIST:  Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope by 5/20/21 to: Bell’s Fish Your Heart Out New York Sweepstakes, Attn: Winner’s List, P.O. Box 930175. Wixom, MI  48393-0175.  Winner’s list to be available after 4/20/21.

THE FISH YOUR HEART OUT FEBRUARY SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY - VOID IN AK, HI AND WHERE PROHIBITED

ALCOHOL IS NOT INCLUDED WITH ANY PRIZE

  1. Sweepstakes Period: The Fish Your Heart Out February Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on February 1, 2020 and ends at 11:59 PM ET on February 29, 2020 (“Sweepstakes Period”).
  2. Eligibility: Open only to legal residents of the 48 contiguous United States and D.C. who are 21 years of age or older as of date of entry (“Entrant”). Employees of Bell’s Brewery, Inc. (“Sponsor”), and any of their affiliates, parents, subsidiaries, bottlers, distributors, suppliers, prize providers, and advertising and promotion agencies associated with the Sweepstakes (collectively, “Sweepstakes Entities”) and members of their immediate family members (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each such employees are not eligible. Void in AK, HI and where prohibited or restricted by law. Subject to all applicable federal, state, and local laws, ordinances and regulations. By entering the Sweepstakes, entrants accept and agree to be bound by these Official Rules.
  3. How to Enter: There are two (2) ways to enter the Sweepstakes, as follows:

    Via Text: You may receive one (1) entry during the Sweepstakes Period by using your cellular phone or a two-way text-messaging capable device (collectively, the "Device"), texting “BELLSFISHING” to 31996 and following the prompts provided. By texting “BELLSFISHING” to 31996 you have confirmed that you are 21 years of age or older. Message and data rates may apply. Up to three (3) messages received per entry attempt. Text “STOP” to 31996 to stop. Text “HELP” to 31996 for help. Reply "stop" to opt out. Limit one (1) Text entry during the Sweepstakes Period.

    Via the Website: You may enter once per day during the Sweepstakes Period by visiting bellsbeer.com/fishing (“Website”) and following the instructions to complete the registration form provided. Limit one (1) Website entry per person/email address per day throughout the Sweepstakes Period.

    Entries received in excess of the limitations will be void. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different accounts, Devices, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified. All entries must be received by 11:59 p.m. ET on February 29, 2020 to be eligible.

    Automated Entries are prohibited and use of any automated or computer system to participate is prohibited and will result in disqualification if detected. Normal Internet access and usage charges imposed by your online service may apply. If participating via mobile device, standard phone data rates and usage charges imposed by your phone service provider may apply. All entries shall be the property of the Sponsor and will not be returned. In the event of a dispute over the identity of an online Entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail address associated with the entry. Authorized Account Holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses.

    NOTE ABOUT ENTERING SWEEPSTAKES VIA TEXT USING A DEVICE: When you use your Device and/or transmit data via your Device, standard data/text messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Check your Device’s capabilities for specific instructions. Text messages will be sent from an automated system. Consent is not required to buy goods and services. Multiple entrants are not permitted to share the same Device. All entries must be complete to be eligible. Any attempt by any Entrant to avoid compliance with the limitations on Entries in these Official Rules by using multiple/different accounts, identities, email addresses, registrations and logins, duplicate entries or any other methods will void such entries and that Entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. By texting the keyword, you will be opting in to receive up to three (3) communications per entry attempt from the Sponsor. Reply "STOP" to opt out.

  1. Random Drawing: The winners will be selected in a random drawing to be held on or about March 11, 2020 from among all eligible entries received. The random drawing will be conducted by the Administrator who is an independent judging organization. The decisions of the Sponsor and the Administrator are final and binding on all matters relating to the Sweepstakes. The odds of winning a prize depend on the total number of eligible entries received in accordance with these Official Rules.
  2. Winner Notification/Verification: The potential winners will be contacted via phone and/or email and Grand Prize winner will be required to complete and return an Affidavit of Eligibility, Release of Liability and a Publicity Release (where legal), within seven (7) days of notification attempt or prize may be forfeited and an alternate winner will be selected. Failure to reach any potential winner within the timeframe stated above or return of any prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Potential winners are subject to verification by Sponsor and/or Sponsor’s designated agent, whose decisions are final and binding in all matters relating to this Sweepstakes.
  3. Prizes and Approximate Retail Values (“ARV”): Grand Prize (1): A Chartered Fishing trip for the winner and one (1) guest to winner’s choice of Two Hearted River, MI; Lake Fontana, NC; or North Platte River, CO. Includes round trip economy air transportation from major airport closest to winner’s home to major airport closest to chosen destination, two (2) nights’ hotel accommodations (based on double occupancy), a Sponsor Specified fishing charter and $700 spending money for ground transportation and miscellaneous incidentals, awarded in the form of a check to winner only. ARV of Grand Prize: $3,000. First Prize (5): A cooler with Sponsor specified merchandise. ARV of First Prize: $130 each. Total ARV of all prizes: $3,650. Alcohol is not included with any prize. Winners are solely responsible for all federal, state and local taxes associated with prize acceptance. The specifics of the First Prizes shall be solely determined by the Sponsor. Prizes are not transferable or assignable. No substitution or transfer of any prize is permitted, except that Sponsor may substitute prize component of equal value for any reason. First Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Grand Prize destination must be selected at least thirty (30) days in advance of desired departure. Airline tickets are for travel from major airport in the 48 contiguous United States nearest winner's home to the major airport closest to selected destination. DJA Travel, Inc. will coordinate all travel with the Grand Prize winner. Trip must be taken within one (1) year of Grand Prize winner confirmation (and may need to be taken during specified months for the Fishing Trip). Grand Prize winner and his/her guest must possess valid travel documents (i.e., valid government-issued photo ID) in order to travel. Certain restrictions and blackout dates may apply. Seat selection and timing is subject to availability and confirmation of reservations. No refunds or credit for flight changes are allowed. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. In the event the Grand Prize winner lives within a 150-mile radius of the destination, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of prize. By participating in the Sweepstakes, the Grand Prize Winner and guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the prize and that Grand Prize winner and guest will be responsible for obtaining and paying for any form of insurance relating to the prize that winner or guest deem appropriate. All other expenses and costs, not expressly listed above, including, but not limited to, airline baggage fees, taxes, tips, entertainment, transfers, and all ground transportation required are the Grand Prize winner's sole responsibility. The guest (or Grand Prize winner on behalf of minor guest who is their child/charge) of the Grand Prize winner (if applicable) will be required to execute a Release of Liability prior to departure. In the event the Grand Prize winner or his/her guest engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip at any point, in whole or in part, and send the Grand Prize winner and guest home with no further compensation to the Grand Prize winner.
    Grand Prize winner will receive an IRS Form 1099 reflecting the actual value of the prize. Sponsor recommends that the Grand Prize winner review these implications with his or her legal/tax advisor to determine potential tax liability, if any, in connection with receiving a prize as part of this Sweepstakes.
  1. General Rules: Incomplete, corrupted, or untimely entries are void and will be disqualified. Sweepstakes Entities are not responsible for lost, late, incomplete, damaged or misdirected entries/winner notification documents; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer/phone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of entry will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion, and in the event of cancellation, the prizes will be awarded in a random drawing from among all eligible entries received in accordance with these Official Rules prior to cancellation. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW; SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds: to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or, to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among all eligible entries received in accordance with these Official Rules prior to cancellation.
  2. Warranties and Representations; Release of Liability: You hereby hold each of the Sweepstakes Entities and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) harmless from and against any third party claim arising from use of any entry and you waive any right to inspect or approve uses of your entry by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use a winners’ name, address, and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrant agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from entry, the acceptance, possession, use or misuse of prize or component thereof, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them.
  3. Disputes: ENTRANTS/WINNERS AGREE THAT: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE SWEEPSTAKES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MICHIGAN, U.S.A., WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER LAWS. Entrants/winners are solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by federal, state and local authorities. As a condition of participating in the Sweepstakes, each Entrant/winner agrees that in any and all disputes that cannot be resolved between the parties and in any causes of action arising out of or connected with the Sweepstakes, the exclusive procedure for resolving the dispute shall be arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules before one arbitrator in Galesburg, MI. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. The arbitrator shall be selected from the AAA’s large, complex case panel. Absent good cause or the parties’ agreement, the award shall be rendered within six months of the arbitrator’s selection. The arbitrator shall award reasonable attorneys’ fees and costs to the prevailing party. Except as may be required by law, neither party nor the arbitrator may disclose the existence, contents, or results of anything related to the arbitration, including but not limited to pleadings, motions, briefs, discovery, depositions, hearings, or award without all the parties’ prior written consent. The only exception to the exclusive procedure of arbitration is that either party may bring in court an action for injunctive relief pending arbitration. Each party consents to personal jurisdiction and venue in the state or federal courts in Galesburg, MI, which shall be the exclusive venue for any court action between the parties.
    FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANT/WINNER BE PERMITTED TO OBTAIN AWARDS FOR AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE; INCIDENTAL; OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES, AND ENTRANT/WINNER FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
  1. Data Collection: Sponsor collects personal information from participants when they enter the Sweepstakes (and for when they may be deemed a winner of the Sweepstakes) for use in administration of the Sweepstakes. The information collected is subject to the Privacy Policy located at http://www.bellsbeer.com/terms-use-privacy-policy.
  2. Winners List: To receive a Winners List by email, send an email to: winners@dja.com with Fish Your Heart Out February Sweepstakes Winners (01-2460-02) as the subject line. Requests must be received by April 1, 2020. Winners List will be sent after all prizes have been awarded.
  3. Sponsor/Administrator: The Sponsor of the Sweepstakes is Bell’s Brewery, Inc., 8690 Krum Avenue, Galesburg, MI 49053. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
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