Full Length Rules
KYLA Beachday Text to Win Sweepstakes.
NO PURCHASE NECESSARY. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING AND IS NOT REQUIRED. THIS SWEEPSTAKES IS ONLY OPEN TO LEGAL RESIDENTS OF AZ, CA, CO, OR, & WA THAT ARE 21 YEARS OF AGE OR OLDER.
SPONSOR: KYLA Hard Kombucha/ Motive Marketing Group
SWEEPSTAKES PERIOD: This sweepstakes begins at 12:00:01 a.m. Pacific Standard time on June 23, 2021 and ends at 11:59:59 p.m. PST on September 30, 2021.
ELIGIBILITY: The KYLA Beachday sweepstakes
is open only to legal residents of the states of Arizona, California, Colorado, Oregon, and Washington, who are twenty-one (21) years of age or older at the time of entry. Officers, directors, employees including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of KYLA Hard Kombucha, Motive Marketing Group, Inc., and each of their respective parents, affiliated companies, subsidiaries, and of alcohol beverage (including alcohol beverage suppliers, wholesalers, distributors, and retailers, and any and all other companies and individuals associated with the development, printing, distribution and implementation of the sweepstakes including but not limited to printers, advertising and promotion agencies, are not eligible to participate or win a prize (defined below). The sweepstakes is subject to all applicable federal, state and local laws, rules and regulations.
To Enter: There are (2) ways to enter. Additional entries beyond the specified limit will be void.
- To enter via a Text Message. Text BEACHDAY to 855-885-1502 and follow the directions to verify your age. You will then be sent a text message with a link to the online entry form. Standard data fees may apply. One entry per person per day allowed. See your wireless carrier for pricing plan details. Check your wireless phone capabilities for specific instructions; OR
- To Enter via QR Code. Scan the QR code and you’ll be led to the online entry form. All eligible entries received during the sweepstakes entry period, regardless of method of entry, that are otherwise fully compliant with these Official Rules shall be considered “Valid Entries.” Odds of winning depend on the total number of valid entries received during the sweepstakes entry period. If you enter the Sweepstakes you may be given the option to receive commercial e-mails from Full Sail Brewing Co.; however, eligibility to participate in the Sweepstakes is not dependent upon your consent to receive such e-mails and/or mobile text messages and updates and consenting to receive such e-mails and/or mobile text messages and updates will not impact your chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information. Entrants understand that by entering this sweepstakes, they are providing information solely to Motive Marketing Group and Full Sail Brewing Co. and not to any other organization.
SELECTION OF WINNER: On or about October 1, 2021 at approximately 12:00 p.m. PT, Sponsor will randomly draw potential winners from among all valid entries received. Sponsor will be the sole judge(s) of which entries are valid entries, and their decisions and the result of the drawing will be final in all respects. Each potential winner will be notified on or about October 1, 2021 by email and/or telephone (in the sole discretion of Sponsor) using the contact information submitted by such potential winners at the time of entry. In the event that any potential winner does not respond to any such prize notification within two (2) days of the date of issuance, a disqualification will result and prize will be forfeited and, at sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. In order to receive a prize, each potential winner must provide his or her social security number and/or other identification to sponsor and will be required to sign an affidavit of eligibility and release of liability and, where unless prohibited by law, publicity, within two (2) days of date of issuance, or an alternate potential winner will be randomly selected from among all remaining valid entries. If any potential winner cannot be contacted or fails to submit identification required by Sponsor or to return the required documents within the specified time period, or if any prize or any required documentation is returned as undeliverable, or in the event of noncompliance with these sweepstakes rules and requirements, the prize will be forfeited, such potential winner(s) may be disqualified and, at sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining valid entries. Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person, family or household. All prizes will be awarded, provided they are properly claimed. Neither Full Sail Brewing Co. nor Motive Marketing Group is responsible for unsuccessful efforts to notify any potential winner.
PRIZES: (1) GRAND PRIZE WILL BE AWARDED. Grand prize winner will receive one (1) umbrella or tent, two (2) beach chairs, one (1) cooler, and two (2) towels from Busines & Pleasure (ARV $814.00). (5) 2nd PRIZES WILL BE AWARDED. 2nd prize winners will each receive a Business & Pleasure cooler (ARV $65.00). Winners are fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance incurred by accepting the prizes are the sole responsibility of the winners. The prize winners must be at least 21 years old and legal residents of the state of AZ, CA, CO, OR or WA at time of entry or such winners will be disqualified, such winner’s prize will be forfeited, and no substitutions will be offered. No minors will be eligible to win the prizes. The prize winners agree to comply with all applicable regulations in connection with the prize.
Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. Alcohol is not part of any prize.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these official rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor (Full Sail Brewing Co. and Motive Marketing Group), and their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any prize (or any portion thereof). By entering this sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor by telephone, e-mail and/or postal mail for sweepstakes purposes. The winner, by acceptance of prize, grants to Sponsor and each of their respective designees the right to publicize such winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the sweepstakes, the processing of entries, the announcement of the prize or in any sweepstakes-related materials. Released parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the sweepstakes or website or attempt to undermine the legitimate operation of the sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of sponsor or who are in violation of these Official Rules, as solely determined by sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this sweepstakes is unlawful and subject to legal action by the sponsor or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official rules or any applicable laws relating to the sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating or accepting a prize (if applicable), you agree that: (a) all disputes will be resolved under applicable U.S. laws in the county of King, and the State of Washington State; (b) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the county of King, and the State of Washington State; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) to the extent allowed by applicable law, under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Sponsor reserves the right, in their sole discretion, to cancel or suspend the sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the sweepstakes (or any portion thereof). In the event of cancellation, sponsor may elect to identify winners and award the prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
WINNERS’ LIST: For a list of Winners (available after October 15, 2021), or for a copy of the official rules mail a request and self-addressed stamped (SASE) envelope to: KYLA Beachday “Winner’s List” or “Official Rules”, 31103 Rancho Viejo Road D-2113, San Juan Capistrano, California 92675. Winner’s list requests must be postmarked by October 15, 2021. Do not send any other correspondence or prize claims to this box.
If you provided your mobile number during the promotion period and agreed to the terms listed, you are authorizing Sponsor to deliver automated SMS messages to you about the Sweepstakes. You are not required to provide a number as a condition of purchasing any item or receiving any offers. Standard message rates may apply. You may opt out of receiving future text messages by replying STOP to any message you receive (this will generate a confirmation email noting we have received your request). If you chose not to receive automated SMS messages to your mobile device, you will receive the same notifications via mail or via email through an automated email system.
Unsubscribe: At any time after you enter an entrant not interested in receiving communications may notify the sponsor that he or she does not desire to receive such materials Send a self-addressed stamped envelope to: KYLA Beachday Sweepstakes “Unsubscribe”, 31103 Rancho Viejo Road D-2113, San Juan Capistrano, California 92675 or follow the opt-out instructions contained in any e-mail communication from Sponsor.