MAGIC HAT “LABELS FOR LIBATIONS” DESIGN CONTEST NO PURCHASE NECESSARY TO ENTER OR WIN
ELIGIBILITY: The Magic Hat “Labels for Libations” design contest (the “Contest”) begins at approximately 12:00 AM Eastern Standard Time (“EST”) on 06/15/13 and ends at 11:59:59 PM EST on 09/08/13 (the “Contest Period”). The Contest is open to legal US residents of Vermont who are 21 years of age or older. Employees of Magic Hat Brewing Company (“Sponsor”), the South End Arts and Business Association, Sponsor’s advertising/promotions agencies, alcoholic beverage licensees, and their respective parent, subsidiary, and affiliated companies, and the immediate family members (children, spouse, parents, siblings) and individuals of the foregoing residing in the same household, whether or not related, are not eligible to participate.
HOW TO ENTER: To enter the Contest, access the Contest entry form at http://www.magichat.net/seaba (the “Website”) and follow the instructions to provide your personal information (name, street address (no PO boxes are acceptable), city, state, zip code, phone number, email address, and date of birth) and to upload your original label design for Magic Hat “Art Hop” Ale. See design criteria below. You may also print the online entry form and submit it along with your original label design in person at Magic Hat’s Artifactory retail store located at 5 Bartlett Bay Road in South Burlington. In person submissions will only be accepted on the following three (3) days: August 1, 8, and 15, 2013, between the hours of 12:00 PM and 5:00 PM. There is a limit of one (1) entry per person or email address regardless of method of entry. Submissions in excess of the maximum allowed from any one person or email address will be disqualified.
DESIGN CRITERIA AND CONSIDERATIONS: The Magic Hat “Labels for Libations” design contest is your chance to design a bottle label for a limited 2014 production run of Magic Hat “Art Hop” Ale.
(i) the final label shape on the bottle will be 4.67” x 4.67” in size.
(ii) the brand name, “Art Hop Ale” may be included in the design and, if included, must be readily legible.
(iii) Entries may incorporate and/or copy Magic Hat trademarks, logos, and imagery subject to the terms of these Official Rules. Selected Sponsor trademarks and logos will be made available on the Website for downloading. Sponsor’s design trademarks and logos may not be altered.
(iv) Entries submitted in person may be in any 2-D or 3-D visual art medium including paint, watercolor, charcoal, sculpture, etc. Three-dimensional Entries, such as sculptures, are restricted to a 4’ x’ 4 maximum size. Photographs of designs may be submitted as Entries. Digital Entries selected as Round One Winning Entries (see below) will be enlarged to a maximum size of 4’ x 4’ to be displayed for voting during Round Two.(v) Entries are to reflect and have relevance to both Magic Hat Brewing Company and Art Hop. Entries should be innovative, mysterious, and surprising, and include the “art of discovery,” cool visuals, interesting words, and “creative energy.” (vi) Digital Entries must be submitted in either .jpg, .gif or .png format with a 3 MB size limitation. Higher resolution files may be requested for printing should such submission be selected as a finalist.
SELECTION OF ENTRIES AND DETERMINATION OF WINNER: The Contest is divided into two Rounds. Round One: Between 06/15/13 and 08/15/13, entrants may submit an Entry either online at http://www.magichat.net/seaba or in person. In person Entries will be accepted at Magic Hat’s Artifactory retail store located at 5 Bartlett Bay Road in South Burlington on the following three (3) days: August 1, 8, and 15, 2013 between the hours of 12:00 PM and 5:00 PM. Entrants must complete the entry form in its entirety when submitting an Entry regardless of the method of entering the Contest. At the conclusion of Round One, Sponsor will review each Entry based on Sponsor’s subjective criteria including, but not limited to, creativity, visual appeal, and relevance. Sponsor’s decisions are final. Sponsor will select five (5) Entries (each a “Round One Winning Entry”) which will advance to Round Two. Round Two: Round Two will begin on 09/06/13 and will end on 09/08/13 coinciding with the 2013 South End Business and Arts Association (“SEABA”) Art Hop (the “Event”) to be held in Burlington, Vermont. During Round Two, the 5 eligible Round One Winning Entries will be displayed during certain times at the Event where votes will be collected from the public attending the Event. Voting is limited to one vote per person. Persons voting must be 21 years of age or older. At the end of Round Two, the Round One Winning Entry receiving the highest number of votes will be declared the winner (“Winner”); provided, in the event more than one Entry receives the highest number of votes, Sponsor will re-judge such tied Entries and determine the Winner. The Winner will be personally notified as soon as practicable after votes are counted and confirmed as eligible, with a public announcement on the Website shortly thereafter.
PRIZES: The Winner of the Contest will receive the following prize package (the “Prize”): (i) Bragging Rights that the Winner’s design was chosen as the label design for Magic Hat’s 2014 limited production run of Magic Hat Art Hop Ale, (ii) one (1) $1,000 American Express gift card, and (iii) a two-month exhibition of Winner’s portfolio at the Artifactory (includes an opening night reception for the Winner and up to 25 invited guests). The Approximate Retail Value of the Prize is $1099.00. All costs and expenses not specifically included as part of the Prize including, but not limited to, taxes and transportation, are the Winner’s responsibility to pay. Alcohol is not being awarded as a part of the Prize.
CONDITIONS: Entrants must be 21 years of age or older. Winner’s exhibition is subject to the Magic Hat Artifactory Art Space Exhibit Agreement which will be provided to the Winner to sign and return to Sponsor. By entering, (1) the entrant represents that the design (“Entry”) is owned by the entrant and is an original creation by the entrant, (2) the entrant conveys all ownership rights, title, and interest in and to the Entry to the Sponsor if the Entry is selected as the winning Entry and, through such conveyance, grants Sponsor the perpetual, unlimited, exclusive, worldwide, and irrevocable right to use the Entry and all elements embodied therein, including any names, words, designs, and likenesses contained in the Entry, on Sponsor’s products and packaging, and in association with any promotional activity or publicity related to the Contest or to Sponsor or its products, and in any media now known or hereafter developed, without further compensation, notification or permission; provided, if consideration is required under VT law to support entrant’s conveyance of the ownership rights conveyed to Sponsor, the entrant agrees that $1.00 is fair and adequate consideration to be paid to the Winner by the Sponsor for such ownership rights. To be eligible, an Entry must: (1) be an original creation that is owned by the entrant and which has not been previously sold, conveyed, or exhibited, or submitted to any other party, including any other contest, (2) not include any copyrights or trademarks owned by another person other than Magic Hat Brewing Company, or any affiliate, or which infringes upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity, (3) not be obscene, lewd, profane, pornographic, disparaging, indecent, depict competitive products, show drunken or inappropriate, illegal, or dangerous behavior, or not in keeping with the image of Magic Hat Brewing Company or Art Hop (all as determined by Sponsor in its sole discretion), and (4) if the Entry includes names, pictures, or likenesses of individuals, such individuals are 21 years of age or older and have provided permission to the entrant to use the name, picture, or likeness as part of the Entry. The entrant’s authorized use of Sponsor’s trademarks, logos, and imagery, is limited exclusively for purposes of entering the Contest. No other rights are being granted or licensed by Sponsor to use Sponsor’s trademarks, logos, or imagery. No group or collaborative efforts are allowed and Entries are restricted to individual entrants only. Sponsor reserves the right to require proof of permissions in a form acceptable to Sponsor. Failure to provide permissions may result in disqualification of the Entry. Entries that do not meet the criteria set forth herein will be disqualified. By entering, entrants acknowledge that Sponsor may obtain other Entries that are similar or identical in theme, format or other respects to that submitted by the entrant. Entrants acknowledge that Sponsor does not waive any rights to use similar or related ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. By entering, entrants agree that the Sponsor is not responsible for any unauthorized third party use of Entries. Entrants specifically acknowledge that by submitting an Entry, the entrant is relinquishing all legal ownership rights to the Entry if the Entry is selected as the winning Entry. The Prize is to be awarded as described with no substitutions. In the event the Winner does not use any portion of the Prize, there will be no reimbursement or compensation provided. If there is any difference between the ARV and the actual cost of the Prize as awarded, no refund for the difference will be provided. The Winner may be required, in Sponsor’s discretion, to sign and return an Affidavit or Eligibility and Liability/Publicity Release prior to receiving the Prize. All federal, state and other taxes are the responsibility of the Winner. Sponsor will report the value of the Prize awarded as required by law and the Winner will receive an IRS Form 1099 for prizes valued in excess of $600.00. The Prize is not transferable, not for resale or auction, and has no cash surrender value. The Sponsor reserves the right, in the event that the Prize cannot be awarded for any reason, to substitute another prize, or component of the prize, of equal or greater value, or to award a company check in the amount of the ARV. No purchase is necessary to enter or win the Contest. A purchase will not increase chances of winning. Entrants, by participating in this Contest, hereby waive and release, and agree to hold harmless the Sponsor, SEABA, and their affiliated companies and the directors, officers, employees, and agents of each, from and against, any claim for injuries (including death) loss, or damage, arising in whole or in part, from the acceptance, possession, use or enjoyment of the Prize, participation in the Contest, or in any Prize-related activity. By participating in the Contest, entrants agree to be bound by the Official Rules, (including the conveyance of ownership rights of the winning Entry to Sponsor), and the decisions of the Sponsor, which are final. Winner agrees that the Sponsor and its related and affiliated companies may use the Winner’s name, address (city, state), photograph, likeness, and/or statements made by or attributed to the Winner relating to Sponsor or to the Contest for advertising, publicity and promotional purposes in any and all media now or hereafter known, worldwide in perpetuity, without further notice, permission and/or compensation.
LIMITATIONS OF LIABILITY: Sponsor, SEABA, and their respective affiliated companies, advertising, promotion or production agencies and all of their respective officers, directors, representatives, agents and employees are not responsible for lost, late, delayed, inaccurate, incomplete, or misdirected votes, or for electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind including any injury or damage to any person’s electronic equipment related to, or resulting from, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or votes, voting, or in any Contest-related materials. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) in its discretion and at any time if it is determined that fraud, misconduct, or technical failures have corrupted the administration, security, or proper administration of the Contest. In the event a dispute arises regarding an Entry submitted online, the Entry will be deemed to have been made by the authorized email account holder who is defined as the natural person who was assigned the email account from which the Entry was received. The Contest is subject to all applicable federal, state and local laws. Headings are provided for convenience only. Sponsor will not acknowledge receipt of any Entry. Sponsor is not responsible or liable for any loss, damage, inconvenience, or loss of time arising out of any acts, omissions, or negligence, of any person, including, without limitation, transportation carriers and any person providing any service or accommodation in conjunction with any component of the Prize awarded in the Contest, or for delays and cancellations including, but not limited to those resulting from mechanical breakdown, closings, strikes, government action, inclement weather, or Acts of God. Any disputes regarding the Contest shall be governed by New York law and resolved in courts sitting in Erie County, New York. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney fees. Entrants waive any claim for punitive, incidental and consequential damages. Void where prohibited.
WINNER’S LIST: For the name and address (city and state) of the Winner, visit the Website between 09/09/13 and 09/30/13.
SPONSOR: Magic Hat Brewing Company, South Burlington, VT.