SOcial media Contest Rules
Cream City Cluckery and @Munchinginmilwaukee Social Media Sweepstakes
(1) No purchase necessary to enter or win. A purchase will not increase your chances of winning.
(2) Eligibility: The Cream City Cluckery and Munchinginmilwaukee Social Media Sweepstakes (the “Sweepstakes”) is open to legal residents of Wisconsin who are, at the time of entry, eighteen (18) years of age or older. Employees of HRED Sports Bar LLC (“HRED”), Munchinginmilwaukee, Inc., and each of their respective parents, subsidiaries, affiliates (including, but not limited to, Deer District LLC and Milwaukee Bucks, LLC), directors, owners, employees, agents, marketing agencies, and their immediate families (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) (all together, the “Released Parties”), are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws, rules, and regulations.
(3) How to Enter: During the Sweepstakes Term (defined below), an eligible entrant may enter via Instagram in one (1) of the following (2) ways:
A. (i) Like the Instagram post on @Munchinginmilwaukeemke relating to the Sweepstakes (the “Post); (ii) comment on the Post tagging another individual; (iii) follow the @Munchinginmilwaukeemke account on Instagram; and (iv) follow the @creamcitycluck account on Instagram to receive one (1) entry into the Sweepstakes; or
B. (i) Like the Instagram post on @Munchinginmilwaukeemke relating to the Sweepstakes (the “Post); (ii) comment on the Post tagging another individual; (iii) follow the @Munchinginmilwaukeemke account on Instagram; (iv) follow the @creamcitycluck account on Instagram; and (v) share the Post to your Instagram stories and tag @Munchinginmilwaukeemke in the story to receive two (2) entries into the Sweepstakes (each such post, a “Submission”).
Submissions to Instagram may be available for worldwide viewing on the Internet. Submissions cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights. Submissions cannot contain illegal or unlawful material, and must not promote bigotry, racism, harm, or discrimination, or include any (i) pornography, adult-oriented content, or any other sexually-explicit material; (ii) explicit language or content, images of violence, or promotion of illegal activities; (iii) libelous, defamatory, disparaging, tortious, or slanderous materials; (iv) content that denigrates, disparages, or reflects negatively on the Released Parties, and their respective owners and employees, or the game of basketball; (v) real weapons of any kind including, but not limited to, guns, knives, or projectiles; and (vi) tobacco, e-cigarettes, alcohol, or drugs. Submissions must be consistent with HRED’s reputation in the marketplace and must be suitable for audiences of all ages. Submissions which, in HRED’s sole discretion, contain any type of vulgarity or objectionable content will be disqualified. Submissions that do not meet these stated criteria, or entries that, in HRED’s sole discretion, may technically meet the stated criteria but do not reflect the intent and the spirit of the Sweepstakes, will be disqualified.
(4) Sweepstakes Term: The Sweepstakes will commence on August 9, 2020 at 3:00pm Central Time and will end on August 12, 2020 at 2:59pm Central Time (the “Sweepstakes Term”). All online entries must be received by 11:59PM Central Time on August 12, 2020.
(5) Prizewinner(s) Selection: On or about August 13, 2020 (“Drawing Date”), one (1) potential prizewinner will be chosen randomly from all eligible entries received during the Sweepstakes Term, and such potential prizewinner will be notified by Instagram direct message, as determined by HRED in its sole discretion, within seven (7) days after the Drawing Date (“Prize Notification”). The potential prizewinner will have twenty-four (24) hours to respond to the Prize Notification (the “Required Response Time”). In the event that any potential prizewinner does not respond to the Prize Notification within the Required Response Time, declines the Prize (defined below) or any portion thereof for any reason, or the Prize Notification is labeled as undeliverable, a disqualification will result, the Prize will be forfeited and, at HRED’s sole discretion and time permitting, an alternate potential prizewinner may be randomly selected from among all remaining eligible entries received during the Sweepstakes Term. Chances of winning are based on the number of eligible entries received during the Sweepstakes Term.
The potential prizewinner(s) may be required to complete an Affidavit of Eligibility and Liability/Publicity Release and return same, properly executed, within seven (7) days of issuance of the Prize. Failure to return a signed Affidavit of Eligibility and Liability/Publicity Release within seven (7) days may result in forfeiture of the Prize. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”). The decisions of HRED are final and binding on all matters relating to the Sweepstakes.
(6) Sweepstakes Prize and Approximate Retail Value (“ARV”): One (1) Winner will receive one (1) meal from Cream City Cluckery, subject to menu availability and as determined by Cream City Cluckery in its sole discretion (“Prize”). The ARV of the Prize is $25. The Prize is non-transferable and non-assignable to any other person including relatives or friends. Any attempt to transfer, assign, or sell the Prize without the express written consent of HRED may result in forfeiture of the Prize at HRED’s sole discretion.
All applicable U.S., federal, state, and local taxes, duties, or other taxes or fees are the sole responsibility of the Winner, who may be issued a 1099 IRS tax form for the ARV of the Prize. The Prize consists only of items specifically listed as part of the Prize. The Prize is not redeemable for cash. No cash alternative or Prize substitutions will be allowed except as determined by HRED, in its sole discretion.
(7) Release: By entering the Sweepstakes, each entrant agrees to accept and abide by these Official Sweepstakes Rules and agrees that any dispute with regard to the conduct of the Sweepstakes, rule interpretation, or award of Prize shall be submitted to HRED, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless the Released Parties, Twitter, Inc. ("Twitter"), Facebook, Inc. ("Facebook"), Instagram, Inc. ("Instagram"), Apple, Inc. and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies from any injury, loss, or damage to any person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of the Prize (or any portion thereof), participation in any Sweepstakes-related activity, including travel related to the receipt or use of any Prize (or any portion thereof), or participation in the Sweepstakes.
HRED is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of the Prize, including erroneous appearance of qualification for a Prize, and under no circumstances will more than the stated number of Prizes be awarded. If for any reason HRED is prevented from continuing with the Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event 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, then HRED shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without any further obligation. If HRED, in its sole discretion, elects to so abbreviate the Sweepstakes, HRED reserves the right, but not the obligation, to award the Prize from among all eligible entries received to date. All entries are the property of HRED and are not returnable.
The use of any automated devices in connection with the Sweepstakes is prohibited. HRED assumes no responsibility for computer system, hardware, software, or program malfunctions or other errors, failures, delayed computer transactions, or network connections, whether human, technical, or otherwise in nature. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, HRED RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. HRED reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes should virus, bugs, or other causes beyond its control corrupt the administration, security, or proper play of the Sweepstakes. HRED is not responsible for any injury or damage to any person’s computer or related equipment resulting from or relating to participation in the Sweepstakes or downloading any material related to the Sweepstakes. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute, the potential prizewinner may be required to provide proof that he or she is the authorized holder of the identified e-mail account.
(8) Publicity Release: In consideration for accepting the Prize, the Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of the Winner’s name, photograph, voice, statement, and/or other likeness in any and all advertising, promotions, and/or any other publicity, in any media or format now known or hereafter devised, throughout the world, in perpetuity, conducted by the Released Parties, except where prohibited by law.
(9) Sweepstakes Administration & Marketing: Entrants may be contacted for purposes of Sweepstakes administration using the contact information provided by the entrant (e.g., winner notification). Each entrant may also be asked, but is not obligated, to consent (or “opt-in”) to receive additional promotional emails or offers from HRED or its sponsors. Subject to entrant’s consent, entrant understands that HRED or its sponsors may use entrant’s information (including e-mail address) for marketing purposes and to provide entrant with information about HRED or its sponsor’s products, services, and special offers, and entrant expressly consents to the use of entrant’s information for such purposes. Eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such emails and updates and consenting to receive such emails and updates will not impact any entrant’s chances of winning.
(10) Disputes/Choice of Law: This Sweepstakes shall be exclusively governed by, construed, and enforced in accordance with, the laws of the State of Wisconsin without regard to principles of conflicts of law.
EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND 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, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN MILWAUKEE, WISCONSIN, (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. WISCONSIN LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE SWEEPSTAKES AND ALL ASPECTS RELATED THERETO.
(11) Winner’s List: For the Winner’s name, send a self-addressed, stamped envelope to: Cream City Cluckery and Munchinginmilwaukee Social Media Sweepstakes, 1543 N. 2ND Street, 6th Floor, Milwaukee WI 53212. Request must be received within thirty (30) days of the conclusion of the Sweepstakes Term.
(12) Sponsor: HRED Sports Bar LLC, 1543 N. 2nd Street, 6th Floor, Milwaukee, WI 53212.
(13) Apple, Inc. is not a sponsor of, or responsible for conducting, any Sweepstakes. All entry data provided online is provided to HRED and not to Facebook, Instagram, or Twitter. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter. TWITTER, TWEET, RETWEET, and the Twitter logo are trademarks of Twitter, Inc. or its affiliates.
(14) SWEEPSTAKES VOID WHERE PROHIBITED.