Mardi Gras 2010 Sweepstakes Rules | Magic Hat Brewing Company

Presenting Sponsors:

Underwriting Sponsors:

Sweepstakes Official Rules

INTERNET ACCESS AND EMAIL ADDRESS REQUIRED TO WIN

2010 MAGIC HAT® MARDI GRAS GAME OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE RULES.

Game open only to legal residents of AL, AZ, CT, DE, DC, FL, GA, IL, IN, KY, LA, ME, MD, MA, MN, MO, NH, NJ, NY, NC, OH, PA, SC, TN, TX, VT, VA, WVA, WI, and who are 21 years of age or older on November 14, 2009. Void in CA and where otherwise prohibited by law.

1. Game Period: Game begins November 15, 2009 and ends February 7, 2010. All entries must be received by Midnight EST on February 7, 2010.

2. Sponsor: This Game is sponsored by Magic Hat Brewing Company, 5 Bartlett Bay Road, South Burlington, VT 05403, www.magichat.net.

3. How to Enter: There are two ways to enter: (a) Internet entry method: Go to www.magichat.net, fill out the Magic Hat® Mardi Gras Game ("Game") form and press submit; or (b) Mail entry method: Print your address, daytime and evening phone number, full address, e-mail address and date of birth and provide your signature on 3 x 5 postcard. Mail your entry postcard to: Magic Hat® 2010 Mardi Gras Game, 5 Bartlett Bay Rd., South Burlington, VT 05403. No other methods of entry are acceptable. Limit one (1) Game play per person/household/email address regardless of the type of entry. INTERNET ACCESS AND EMAIL ADDRESS REQUIRED TO WIN.

4. Winner. All Game plays are subject to verification by Sponsor. Entries must contain entrant's name, address, e-mail address, day and evening phone numbers, and date of birth. Potential winner & guests will be required to sign an affidavit of eligibility and Release.

5. SPECIAL WINNER NOTIFICATION PROCEDURES. BY SUBMITTING AN ENTRY, ENTRANTS AGREE TO BE AVAILABLE BY PHONE AT THE TELEPHONE NUMBER(S) PROVIDED TO SPONSOR AND EMAIL AT THE EMAIL ADDRESS PROVIDED TO SPONSOR AND THEIR HOME ADDRESS AT THE HOME ADDRESS PROVIDED TO SPONSOR ON EACH OF FEBRUARY 8-24, 2010. SPONSOR WILL REQUIRE ACCEPTANCE OF THE PRIZE WITHIN 24 HOURS OF NOTIFICATION TO THE WINNER OF AWARD. IF SPONSOR IS UNABLE TO PROVIDE NOTICE BY CONFIRMED OVERNIGHT DELIVERY, PHONE OR EMAIL (IN SPONSOR’S DISCRETION) TO ANY POTENTIAL GRAND PRIZE WINNER ON ANY OF THE DATES LISTED, OR THE POTENTIAL WINNER DOES NOT ACCEPT THE PRIZE IN A TIMELY MANNER, THAT POTENTIAL WINNER WILL FORFEIT THE GRAND PRIZE AND ANOTHER WINNER WILL BE CHOSEN UNTIL AN ELIGIBLE GRAND PRIZE WINNER IS FOUND OR NO TIME REMAINS TO BRING AN ELIGIBLE GRAND PRIZE WINNER TO BURLINGTON, VT FOR THE GRAND PRIZE.

6. Disqualification. Disqualification and the selection of an alternate winner may result from any of the following: (a) potential winner’s failure to respond to any prize notification within twenty-four hours after its mailing or transmission via confirmed email; (b) the return of any notice from Sponsor as undeliverable; (c) potential winner’s failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the email address associated with a winning Online Entry; (d) potential winner of the Grand Prize is unable to travel to Burlington, VT for the 2010 Magic Hat® Mardi Gras celebration on February 26-February 28, 2010; (e) potential winner’s failure to validly claim the prize (including receipt by Sponsor of an Affidavit of eligibility/Liability/Publicity Release) within twenty-four (24) hours of receipt of notice of award of the prize and (e) any other non-compliance with Rules. All taxes are solely the responsibility of the winner, who will receive an IRS Form 1099 when applicable reflecting the final actual value of the prize. You must provide relevant tax processing information to us in order to win so that proper tax forms may be filed with respect to the prize.

7. Copy of Rules. For a printed copy of these Official Rules, send a self-addressed, stamped envelope (VT state residents only may omit return postage) to: 2010 Magic Hat® Mardi Gras Game Rules, 5 Bartlett Bay Rd., South Burlington, VT 05403. Requests must be received by January 25, 2010. Limit one request per envelope.

8. Drawing. The Prize winner will be selected by Sponsor in a random drawing to be held on or about February 8, 2010 from among all eligible entries received by Sponsor, whose decision is final in all matters relating to this Game. Winner will be notified by confirmed overnight delivery or phone or e-mail at Sponsor’s discretion. Winner has twenty-four (24) hours to claim prize after notification. Winner may not substitute or transfer prizes. Sponsor reserves the right to substitute any prize with a prize of equal or greater value. Claiming the prize means meeting all entry requirements and signing and returning the Affidavit of Eligibility/Liability/Publicity Release and being available for travel to the 2010 Magic Hat® Mardi Gras festivities and making trip reservations in a timely manner as provided in materials sent with the prize notification.

9. Restrictions on entrants. This game is not open to the employees, immediate family, or household members of employees of Magic Hat Brewing Company or any of its affiliates, subsidiaries, distributors, agents and vendors.

10. Release and Disclaimer. All entrants agree to hold harmless and release Magic Hat Brewing Company, its affiliates, parent, shareholders, directors, officers, employees, the service agencies and independent contractors of any of the above and all others associated with the development and execution of this Game from any and all liability with respect to or in any way arising from this Game; participation in any Game-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Neither the Sponsor nor its agents are responsible for lost, late, misdirected, unintelligible, returned or undelivered prize claims, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this game or website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate website's terms of service, as solely determined by the Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Game, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like Game plays or entry methods will void all such plays/entries, and may subject that entrant to disqualification. Sponsor is not responsible for injury or damage to participants' or any other person's computer or property related to or resulting from participating in this Game. Should any portion of this Game, in the Sponsor's sole opinion, be compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Game, or submission of entries, Sponsor reserves the right at its sole discretion to cancel, suspend, modify or terminate the game, and randomly select the winners from valid plays/entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor.

Only the number of prizes stated in these Official Rules will be awarded. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account used to play/enter will be deemed to be the participant, and must comply with these rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. All materials and entries submitted become the property of Magic Hat Brewing Company and will not be returned.

11. Use of Winners’ names, likeness and information. Acceptance of any prize constitutes the grant and assignment to Sponsor forever in any media worldwide of an unconditional right to use winner's and guests’ names, addresses (city and state only), voices, likenesses, photographs, biographical and prize information and/or statements about the promotion for any Sponsor publicity, advertising and promotional purposes without additional review, compensation, permission or approval of the winners/guests, except where prohibited by law.

12. Prize Details (restrictions apply): Limit one (1) prize per household. Prize consists of one (1) Grand Prize.

One Grand Prize (1 Grand Prize Winner). One Grand Prize winner will receive (a) a trip for four (4) to Burlington, Vermont for the 2010 Magic Hat® Mardi Gras Celebration, for two (2) nights, arriving February 26, 2010 and departing February 28, 2010. The prize includes: Roundtrip airfare for Winner and three guests (four (4) total travelers) from the airport that is, in the sole discretion of the Sponsor, closest to Winner’s home (restrictions apply)(ARV$1196). Actual value depends on city/day/time of departure), (b) accommodations on February 26, 2010 and February 27, 2010 and (two rooms double occupancy for two nights) at a hotel of sponsor’s choice in Burlington VT (ARV ($450), (c) 4 tickets valid February 26, 2010 to the performance scheduled at Higher Ground Music Club, subject to availability (ARV $40), (d) VIP tour of the Magic Hat® Brewery with Continental Breakfast at the Brewery(ARV$20), (e) Ride on the Magic Hat® Float (ARV $0), (f) Dinner Saturday Evening for 4 at a restaurant chosen by Sponsor (ARV $200), (f) Sunday Recovery Brunch for 4 on February 28, 2010 at a restaurant chosen by Sponsor (ARV $100), (g) round-trip tickets for (2) passengers anywhere JetBlue® flies, trip dates subject to availability and time limits on departure and return dates as determined by Sponsor and JetBlue® (awarded as a travel voucher good for one year from date of issuance, restrictions apply)( ARV $598). Actual value depends on city/day/time of departure); (h) 52 coupons for 52 free pints of Ben & Jerry’s® ice cream (ARV $300). Total ARV of Grand Prize is approximately $2,904. Any difference between stated value and actual value will not be awarded.

Travel to and from the departure/arrival airports, transfers, transportation within Vermont and all other meals, fees, costs, taxes or expenses whatsoever of any nature are the responsibility of Winner. Winner’s 2010 Mardi Gras trip reservations must be made within the time frame provided by Sponsor and must be made with the travel agent designated by Sponsor or the Grand Prize will be forfeited. Guests must travel on the same itineraries as the Winner. Winner and guests living within 200 miles of Burlington, VT may be provided with alternative transportation in the discretion of Sponsor.

13. Odds of winning. Odds of winning will depend on the number of eligible entries received. For winner’s name, hand print your name and complete address on a 3 x 5 card and mail with a SSAE to Magic Hat Mardi Gras Winner, 5 Bartlett Bay Road, South Burlington, VT 05403for receipt on or before March 31, 2010 (VT residents only may omit return postage). All prizes will be awarded unless Sponsor cannot obtain requisite releases, waivers and prize acceptances from potential winners in a timely manner for attendance at the 2010 Magic Hat® Mardi Gras celebration, in which case the Grand Prize and/or the Mardi Gras-festivity related aspects of the Grand Prize may not be awarded due to lack of time to choose a winner to attend 2010 Mardi Gras festivities in Burlington, VT.

14. Release and Acceptance of Rules. By accepting a prize, winners and their guest(s) agree to execute an Affidavit of Eligibility/Liability/Publicity and Release holding Sponsor and its agents and any provider of any prize harmless from all losses, damages, rights, claims and actions of any kind resulting from acceptance, possession or use of any prize, including without limitation, personal injuries, death and property damage. By participating in this Game, participant agrees to be bound by all the Official Rules of this Game.

15. Conditions of Entry. Entrant agrees that as a condition of entering the Game: (i) any and all disputes, claims and causes of action arising out of or connected with this Game, or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts of the State of Vermont; (ii) by participating or submitting an entry in the Game, entrant consents to the personal and subject matter jurisdiction of such courts for such purpose; (iii) the parties waive any right to trial by jury; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant, including costs associated with entering this Game but in no event entrant's attorneys' fees; and (v) under no circumstances will entrant be permitted to obtain an award for and entrant hereby expressly waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased. THIS GAME IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF VERMONT, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.

16. ALL PRIZES ARE AWARDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. WINNERS ACCEPT PRIZES “AS-IS.” SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. PRIZES ARE NOT TRANSFERABLE.

17. Privacy: To view our Privacy Policy, please click here. We may use your name and other identifying information for our internal marketing purposes, but do not sell this information.