2022 Fruit Smash – Ultimate Pool Party Giveaway

Complete Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PRODUCT PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.  IF YOU ENTER VIA TEXT MESSAGING, MESSAGE AND DATA RATES MAY APPLY.  SEE YOUR WIRELESS CARRIER PLAN FOR PRICING DETAILS.  TEXT MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS.  NOT ALL HANDSETS MAY BE SUPPORTED.

1. ELIGIBILITY: The 2022 Fruit Smash – Ultimate Pool Party Giveaway is offered and open only to legal residents of the 50 United States and DC who are age 21 or older at time of entry. Void in all other locations and where prohibited. Employees, officers and directors of New Belgium Brewing Company (“Sponsor”) and those entities involved in the preparation of materials and/or administration of this Promotion (collectively referred to herein with Sponsor as the “Promotion Entities”), suppliers, distributors, or retailers of alcohol-beverage products, and their immediate family members (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related) are not eligible to enter. 

2. PROMOTION PERIOD: Promotion starts on or about 12:00:01 am Mountain Time (“MT”) on March 1, 2022 and ends 11:59:59 pm MT on September 30, 2022 (“Promotion Period”). All time referenced herein is Mountain Time. Sponsor’s clock is the official time keeping device for the Promotion.

3. HOW TO ENTER: There is one way to enter: (a) Website: During the Promotion Period, access https://www.newbelgium.com/contests/fruit-smash-pool-party/ (“Website”) or scan the unique code on the Promotion materials to access the Website, and follow the online directions to register and submit an entry (“Website Entry”). Only website entries with an eligible, state, date of birth, and retail location will receive one entry into the applicable sweepstakes drawing. Website Entries must be received during the Promotion Period.

All entries become the property of Sponsor and will not be returned. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, stolen, misdirected, postage due or illegible entries; nor for any computer, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user net accessibility or availability, traffic congestion, or any technical error; nor for unauthorized human intervention, human error, or the incorrect or inaccurate capture of entry or other information; nor for the failure to capture any such information.

Multiple entries from the same person will be disqualified.  Any attempt by any person to obtain more than one entry and one bonus entry by using multiple/different accounts, devices, physical addresses, email addresses, identities, registrations, or any other methods will void that person’s entries and that person may be disqualified from this Promotion or any current or future promotions offered by the Sponsor, in its sole discretion.  Use of any automated system, software applications that enable users to create multiple accounts and/or temporary accounts to participate in this Promotion or to redeem prizes is prohibited and may result in disqualification from this Promotion and any current or future promotions offered by the Sponsor.  In the event of a dispute as to any entry, the “Authorized Account Holder” of the email address associated with the account at time of entry will be deemed to be the entrant.  The Authorized Account Holder is the natural person assigned an email address by the Internet access provider, online service provider or other organization responsible for assigning email addresses.  Each potential winner may be required to show proof of being an Authorized Account Holder.

If you use a web-enabled iPhone or Android mobile telephone to participate in this Promotion (which may only be available via participating wireless carriers), standard data rates may apply according to the terms of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Contact your wireless carrier for details. Mobile device service may not be available in all areas or on all carriers. Once submitted, entries cannot be modified, deleted or cancelled. Entries may not infringe or violate the rights of any third party. By submitting an entry, each entrant represents and warrants that the entry submitted is the sole creation of that entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person) and warrants that the entry, or any element thereof, does not violate, breach, or infringe upon any copyright, trademark, or other proprietary rights of any person or entity, is not defamatory or libelous, does not disclose provide or personal matters concerning any person without such person’s consent, and does not depict unsafe, illegal or dangerous practices. Any entry, in whole or in part, that is deemed by Sponsor in its sole and absolute discretion as inappropriate, noncompliant, irrelevant, obscene, offensive or in any other respect unsuitable will not be considered. Sponsor reserves the right, at its sole and absolute discretion, to refuse, disqualify, or withdraw entries and/or entrants at any time during the Promotion.

4. SELECTION OF WINNERS: Sponsor will conduct random drawings on or about October 7, 2022, with a total of one Grand Prize to be awarded during the Promotion Period from all eligible entries received by 11:59:59 p.m. MT on September 30, 2022. Odds of winning depend on the number of eligible entries received prior to the drawing.  All entries and participation in this Promotion shall be governed by these Official Rules and the decisions of the judges and Sponsor, whose decisions shall be final, binding, and conclusive on all matters.  The potential winner will be contacted by telephone, email, or text at the telephone number or email address provided at the time of entry within 5 to 10 business days after the drawing.  You are not a winner until Sponsor has verified your eligibility and compliance with these Official Rules.  Potential prize winner and, if applicable, their guests, may be required to complete, have notarized, and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release within seven (7) calendar days of notification or attempted notification.  Sponsor will make one attempt to notify the potential winner, who will have twenty-four (24) hours to respond.  If (a) Sponsor is unable to contact the potential winner; (b) the potential winner fails to respond to a notification attempt within 24 hours; (c) the potential winner fails to timely return or properly complete the above described release documents; (d) a prize notification or any prize is returned as non-deliverable; or (e) the potential winner is not eligible or does not comply with these Official Rules, prize forfeiture will result and an alternate potential winner may be selected.  If a winner for any prize cannot be confirmed within 30 days of the drawing, then the prize will not be awarded.

5. GRAND PRIZE (1)/APPROXIMATE RETAIL VALUE (ARV): The Grand Prize consists of the Ultimate Pool Party Experience hosted by Sponsor for winner and up to 25 guests. The Grand Prize includes pool rental for approximately 4-6 hours, food and drink (alcohol excluded where prohibited), and Fruit Smash merchandise.  Prize and ARV depend on location, timing, and availability.  ARV: $10,000.

Prizes are not redeemable for cash.  No substitution or transfer of prize will be permitted except at Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize of equal or greater value.  All federal, state and local taxes and other fees associated with prize receipt and use are the sole responsibility of the winner.  Prize will be coordinated between winner and Sponsor within approximately 30 days after the end of the Promotion Period, at a date and location to be determined by Sponsor in consultation with the winner.  The Ultimate Pool Party must occur on the date and location specified, or such other date established by Sponsor, and may be attended only by winner and winner’s guests, who must be 21 years of age or older, and who will be required to sign a waiver prior to being granted admission.  If the pool is closed for weather or for any other reason on the selected date, winners will not be reimbursed, and the Prize will consist of all remaining elements, or another date may be selected at Sponsor’s sole discretion. Winner agrees that the prize is awarded pursuant to a revocable, nontransferable license personal to that applicable winner.  Winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate, or otherwise convey anything received as part of this Promotion as a prize.  A violation of these restrictions shall revoke that winner’s license, and the prize may not be honored.  Any difference between approximate value and actual value of the prize or any element thereof will not be awarded in cash or otherwise.  All expenses and other costs not expressly stated in the package description above are the sole responsibility of winner.

6. GENERAL: BY PARTICIPATING, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, PROMOTION ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING NOW OR IN THE FUTURE IN WHOLE OR IN PART OUT OF ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY CONTEST/PRIZE RELATED ACTIVITY, ACCESS TO WEB SITE, AND/OR PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, participants and/or winners hereby consent, where lawful, to the use by Sponsor (and its authorized third parties) of their name, hometown, and/or biographical information in any and all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.  

7. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of any web site. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any part thereof and select the winner from entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Promotion Entities shall not be liable to winner or any other person for failure to execute the Promotion, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.

In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of participation in the Promotion, Promotion/Prize related activities, access to, and use of, any participating Internet site(s) or the downloading from and/or printing of material downloaded from said site(s).  Without limiting the foregoing, each Grand Prize and everything on said site(s) are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. 

THIS PROMOTION IS GOVERNED BY THE LAWS OF STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Promotion, participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion or the prizes awarded shall be governed by the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules, and that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court in Colorado having jurisdiction.  Further, in such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out of pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.

8. PRIVACY STATEMENT: Sponsor’s use of your personal information provided during entry is subject to Sponsor’s Privacy Policy found at www.newbelgium.com.

9. WINNERS LIST: For the names of the prize winners, mail a self-addressed, U.S. postage stamped envelope to: Fruit Smash Ultimate Pool Party Giveaway Winners’ List Request, New Belgium Brewing Company, 500 Linden Street, Fort Collins, CO 80524, for receipt by December 1, 2022.

10. SPONSOR: New Belgium Brewing Company, Fort Collins, CO 80524.