We want you to live your dreams – and we want to reward some of you for doing so! Take a picture or video of yourself checking an item of your bucket list – or otherwise living your dreams – and post it on Facebook, Instagram, or Twitter using the hashtag #PHLiveTheDream during the months of June, July, and August. Be sure to let us know what you are doing – and why!
Each month, our team will choose our three favorite entries, who will receive a “swag bag” of fun Pigeon Hill gear.
At the end of August, our team will choose our ten overall favorite entries from over the entire summer. These entires will be put to a public vote, and the fan favorite will be invited to bring a guest and join us for a fun night in Muskegon – complete with hotel accommodations at the Shoreline Inn, dinner, a behind the scenes tour of Pigeon Hill, and a chance to experience why we love Muskegon!
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ALCOHOLIC BEVERAGES OR OTHER PRODUCTS FROM PIGEON HILL IS NOT REQUIRED TO PARTICIPATE NOR WILL IT INCREASE YOUR CHANCES OF WINNING. THERE IS NO FEE FOR ENTRY. BY ENTERING THIS PROMOTION, YOU ACCEPT AND AGREE TO THESE OFFICIAL RULES AND AGREE TO BE BOUND THEREBY.
This Promotion is a contest of skill sponsored by Pigeon Hill Brewing Company, LLC (“PIGEON HILL”) in which Entrants submit a photograph or video of an experience which the Entrant deems meaningful or representative of “checking an item off of their bucket list” or “living their dreams.” The Promotion is open to legal U.S. residents who are at least 21 years old at the time of entry. The Promotion is void in states in which participation is otherwise limited or qualified.
1. PROMOTION: The entry period for the Promotion begins at 12:00 a.m. EST on June 1, 2017 and ends at 11:59 p.m. EST on August 31, 2017 (the “Promotion Entry Period”).
(A) Monthly Winners: On or about July 1, 2017, August 1, 2017, and September 1, 2017, Pigeon Hill employees, in their exclusive judgment and using the selection criteria included herein, will select three entries from those received during the preceding month (defined as beginning at 12:00 a.m. EST on the first day of the preceding month and ending at 11:59 p.m. EST on the final day of the preceding month). These “Monthly Winners” will be announced on Pigeon Hill’s Facebook, Twitter, and Instagram accounts within three (3) days after their selection. These Monthly Winners will receive a “swag bag” including Pigeon Hill merchandise valued at not more than Fifty (50) Dollars. Monthly Winners will remain eligible to become finalists and the Final Winner, as defined below, but are not guaranteed to be selected as either.
(B) Final Winner: Entries received during the Promotion Entry Period will be evaluated by Pigeon Hill based on the criteria outlined below between 12:00 a.m. EST on September 1, 2017 and 11:59 EST on September 4, 2017. Ten (10) Entries determined by Pigeon Hill, in its sole discretion, applying the criteria set forth in these Official Rules, to be the best, will be placed into a group of ten (10) finalists (collectively, “Finalists”). All Finalist Entries will be featured on Pigeon Hill’s website, print advertising, and electronic and social media advertising channels. A Final Winner will be selected by public vote. Public voting will begin at 9:00 a.m. EST on September 5, 2017 and end at 11:59 P.M. EST September 9, 2017 (the “Public Voting Period”). On or about September 12, 2017, Pigeon Hill will tally the public votes and determine the Winners of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules.
2. BINDING AGREEMENT: By submitting an Entry for the Promotion, You are agreeing to these Official Rules and, as such, please read these Official Rules prior to submitting an Entry to ensure You understand and agree. These Official Rules form a binding legal agreement between You and Pigeon Hill with respect to the Promotion and by participating in this Promotion by submitting an Entry, You fully and unconditionally agree to these Official Rules.
3. ELIGIBILITY: The Promotion is open only to U.S. residents (other than those residing in any states in which participation is restricted, limited or qualified) who are, as of the date of entry, 21 years of age or older and have internet access and who abide by and adhere to all of the Official Rules. Persons in the following categories are not eligible to participate or win a prize: (a) Employees, Members, or Officers of Pigeon Hill; (b) Corporate Officers and Directors, Members and Managers of limited liability companies, and Partners in general or limited partnerships who hold alcoholic beverage licenses or permits to engage in the production, importation, or wholesale or retail sales of alcoholic beverage products; (c) Employees of beverage alcohol regulatory agencies; (d) Members of the immediate family (parents, children, siblings, spouses) wherever they may live or members of the same household (whether related or not) of any person in the preceding categories. The Promotion is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws.
4. HOW TO ENTER: Each eligible entrant (“Entrant” or “You”) must take (or have taken previously) an original photo or video of an experience that represents accomplishing an item on your “bucket list,” or otherwise “living your dreams.” The photo or video must comply with the additional requirements and limitations in these Official Rules. To enter the Promotion, You must submit your photo or video online by uploading it on Instagram, Facebook, or Twitter along with the hashtag #PHLiveTheDream. You must be a registered user of Instagram, Twitter, or Facebook and must like or follow Pigeon Hill in order to enter the contest. Registration on Facebook, Twitter, and Instagram is free and open to the public. Please note that your privacy settings must be set to “public” (for the specific post or your entire account, as applicable) in order for your post to be viewable by Pigeon Hill and its employees.
You may submit multiple entries, but only one entry per Entrant may be considered for the “Finalist” round. All Entries must be received and recorded during the Promotion Entry Period. No other form of entry is valid.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.
If an Entry contains additional people other than only the Entrant, please note that the one (1) person submitting the Entry under their Instagram, Twitter, or Facebook account will be considered the Entrant, and only the Entrant is eligible to win a prize. No other person in the Entry is eligible to receive a prize. If multiple Entrants submit the same photo or video, only the Entrant who submitted the photo or video first will be eligible. Neither Pigeon Hill nor its agents are liable for any disputes arising from or related to the Promotion in this regard. If the submitted photo or video contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph or video, the Entrant is responsible for obtaining, prior to submission of the photograph or video, any and all releases and consents necessary to permit the exhibition and use of the photograph or video in the manner set forth in these Official Rules without additional compensation. If the submitted photograph or video includes other people, the Entrant must be prepared to provide a signed written personal release from all persons who appear in the submitted photo or video submitted, authorizing use of the submitted photo or video as provided below in Sections 5, 8 and 9. If You are unable to provide a personal release, upon request by Pigeon Hill and in the form provided by Pigeon Hill, then Your Entry may be disqualified. If You are selected as a Winner, Pigeon Hill will contact You if a release is needed.
Entrants must meet all eligibility requirements and fully comply with these Official Rules in order to participate and be eligible to win. Potential winners may be requested to provide Pigeon Hill with proof that they meet the eligibility requirements for the Promotion and/or are the authorized account holder of the email address associated with a winning Entry. Pigeon Hill reserves the right to verify the eligibility of each Entrant; if an Entrant is found to be ineligible to enter or otherwise participate in the Promotion his/her Entry will be considered invalid.
All eligible Entries may be featured on www.pigeonhillbrew.com and may be displayed, shared, exploited or used in advertising by Pigeon Hill, in Pigeon Hill’s sole and absolute discretion. By submitting an Entry, Entrant represents and warrants to Pigeon Hill that the Entrant has the right, title, and interest in and to any media submitted in connection with an Entry. Pigeon Hill, in its sole discretion, reserves the right at any time not to post, or to remove, any Entry in its sole and absolute discretion.
5. ENTRY REQUIREMENTS: Each Entrant’s submitted photo or video must be original, of Entrant’s own creation, and must not have been entered in any other competition or promotion, including other competitions or promotions conducted by Pigeon Hill. Pigeon Hill, in the exercise of its sole and absolute discretion, has the right to disqualify any Entry which it deems: (i) includes antisocial, racist, bigoted, bullying, discriminatory, or abusive content, a commercial solicitation or promotional materials, or any address, phone number, or URL address; (ii) includes branded, copyrighted, trademarked items (other than those of Pigeon Hill contemplated by the Promotion) or otherwise possibly infringes upon the intellectual, privacy or proprietary rights of a third party; (iii) is not in keeping with Pigeon Hill’s image; (iv) contains any imagery prohibited by state or federal law, (v) portrays, suggests or promotes consumption of alcohol which is excessive, inappropriate, irresponsible or otherwise contrary to the spirit of alcohol regulations and industry advertising standards, (vi) suggests, condones or promotes consumption of alcohol preceding an activity which requires a high degree of alertness or coordination, (vii) condones or suggests underage drinking, drunk driving, or drinking games in any way, (viii) is otherwise objectionable, as determined by Pigeon Hill in its sole discretion.
All Entries (including all submitted photos and videos) shall become the property of Pigeon Hill upon submission and will not be acknowledged or returned and will not give Entrant any right to any compensation or royalty of any kind and any and all such rights are disclaimed hereby and waived by Entrant in full.
Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Pigeon Hill or any other person on the grounds that any use of any Entry as provided herein, infringes any of Entrant’s rights as the creator of the Entry as provided herein including, without limitation, trademark rights, copyrights and moral rights (“droit moral”). By submitting an Entry, in addition to the grant of title above, Entrant hereby grants Pigeon Hill and its affiliates, subsidiaries, successors, assigns, licensees, sublicensees, agents and representatives an irrevocable, worldwide, royalty-free, unrestricted, perpetual sublicensable and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Entry or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on Pigeon Hill’s Facebook Page, Pigeon Hill’s or its affiliates’ Instagram account, Pigeon Hill’s Twitter feed, other websites or social media outlets owned or controlled by Pigeon Hill, its affiliates or anyone acting on Pigeon Hill’s authority, and in Pigeon Hill’s email and/or social media (e.g., Facebook, Twitter or Instagram) communications, for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Pigeon Hill’s reasonable request. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Pigeon Hill.
6. FINALISTS; WINNER SELECTION; ODDS OF WINNING: Ten (10) Finalists will be selected by a panel of Pigeon Hill’s employees and will be judged on aesthetic and emotional characteristics such as creativity, originality, the photographic and/or artistic quality of the Entry, and the emotional response the viewers derive from the photograph or video. The panel, in its sole and absolute discretion, will choose the Entries that it feels best represents these characteristics in staying with the theme of the promotion. Decisions of the panel will be final.
One entry (the “Final Winner”) will be selected from all Finalist Entries for the Prizes (defined below) by a vote of the public which shall take place during the Public Voting Period. Upon termination of the Promotion Entry Period, the ten (10) Finalists selected by Pigeon Hill (according to the criteria described above) will be displayed on Pigeon Hill’s Facebook, Twitter, and Instagram. Visitors to these pages will be invited to vote for their favorite submission.
The one (1) photo or video that receives the most votes from Voters will be the Winner, subject to verification of eligibility and compliance with these Official Rules. Visitors to Pigeon Hill’s social media accounts will participate in choosing the Final Winner by clicking “like” (or the appropriate analogue) under the relevant photo or video. Visitors may vote for multiple entries and may also vote on each of the relevant social media websites. The final vote shall be determined by calculating the total number of likes, or analogous interactions, for each finalist across all three social media platforms.
All determinations by Pigeon Hill concerning the final vote shall be final and binding. In the event of a tie, Pigeon Hill shall select the Winner in its sole and absolute discretion. Odds of winning depend on the number of eligible Entries received. Each Winner will be required to complete, sign and return an Acceptance of Prize Agreement in order to be eligible to receive the applicable prizes. In the event a Winner fails to complete, sign and/or deliver an Award Acceptance Agreement, or such Winner otherwise fails to comply with any of the Official Rules (or if Winner’s guest fails to execute required waivers and releases) such Winner shall be disqualified from the Promotion and Pigeon Hill shall have the right (but not the obligation) to select an alternate Winner.
7. PRIZES: The Winner and up to one (1) guest over the age of 21 will receive: (i) a meet and greet tour of Pigeon Hill’s taproom and production facility, led by a Pigeon Hill brewer and ownership; (ii) a chance to visit other Muskegon attractions (one or more attractions selected by Pigeon Hill) with one or more of Pigeon Hill’s owners; (iii) dinner, with food expenses covered by Pigeon Hill, at a restaurant of Pigeon Hill’s selection; (iv) lodging for one (1) night in downtown Muskegon at the Shoreline Inn; and (v) a selection of Pigeon Hill swag. No alcohol will be given as part of these Prizes. Winner does not need to invite a guest to attend with Winner in order to receive the Prize. The Winner will be given the choice between no fewer than five (5) dates on which to redeem his/her prize, such dates to be selected by Pigeon Hill.
All costs and expenses associated with Prizes and the acceptance, use and enjoyment thereof not specified herein as being provided in the Prizes section of these Official Rules (or in the associated trip description), including but not limited to (i) hotel or other accommodations; (ii) ground transportation (including the full cost of transportation to and from the closest departure city and the winner’s place of residence); and (iii) any and all applicable fees, service charges, surcharges or passenger facility charges, all insurance, federal, state, local and foreign taxes, if any, luggage fees, gratuities, meals, souvenirs, incidentals and any other unspecified expenses associated with acceptance or use of the Prizes are the sole responsibility of the Winner. Pigeon Hill is not liable for any expense incurred as a consequence of a flight cancellation or flight delay.
Each Winner and any other Prize recipient is required to comply with any and all applicable federal, state and local laws, rules and regulations related thereto and is solely responsible for any and all federal, state, and local taxes that apply to the receipt and use of any Prizes.
Prizes are non-assignable and non-transferable. No cash alternative or other substitution of a prize is permitted, except at the sole option of Pigeon Hill. Pigeon Hill will not replace any lost or stolen prize or portion of a prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Pigeon Hill. All prize details are at Pigeon Hill’s sole discretion. The awarding of any Prize is contingent upon full compliance with these Official Rules.
8. GENERAL RULES: The Promotion is offered by Pigeon Hill Brewing Company, LLC, which is not responsible for (i) theft, destruction, unauthorized access to or alterations of entry materials; or (ii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By participating in the Promotion, Entrants agree to waive, release, indemnify, defend and hold harmless Pigeon Hill and its affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related in any way to the Promotion or the provisions of any products or services related to any Prize (including hotels, restaurants, bars, stores, Twitter, Inc., Facebook, Inc. and Instagram, Inc.) (together, the “RELEASED PARTIES”), from and against any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a Prize or parts thereof, participation in the Promotion, attendance at the Pigeon Hill premises or any other premises visited during the trip, or in any other Prize-related activity, including, without limitation, any (i) condition caused by events beyond Pigeon Hill’s control that may cause the Promotion to be disrupted or corrupted; (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; (iii) printing or typographical errors in any materials associated with the Promotion; or (iv) 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 computer related to, or resulting from, participation in the Promotion 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion. The Award Acceptance Agreement to be executed by Winner will contain waiver language which may expand on the scope of the foregoing indemnification, hold harmless and waiver and any guest of Winner will also be required to execute releases and waivers prior to being eligible to receive or participate in any Prize (which releases and waivers will grant Pigeon Hill rights to use such person’s likeness as required by Pigeon Hill and will require such guest to indemnify and hold harmless the Releasing Parties and waive claims as may be required by Pigeon Hill). Any failure by Winner or any guest to execute the Award Acceptance Agreement or any such releases or waivers shall result in such Winner and/or guest’s disqualification and ineligibility and an alternate Winner may be selected by Pigeon Hill, in its discretion.
IN NO EVENT WILL PIGEON HILL OR THE RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT PIGEON HILL OR SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Pigeon Hill will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. All interpretations of these Official Rules and the decisions of Pigeon Hill regarding the Promotion shall be final and binding in all respects.
9. ADDITIONAL CONDITIONS: Except where prohibited, by accepting any Prize, each Winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to Winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Pigeon Hill’s newsletters, Pigeon Hill’s homepage at www.pigeonhillbrew.com, Pigeon Hill’s Facebook page, and other Pigeon Hill social media platforms (including Instagram, Twitter, etc.), without additional compensation. Each Winner also agrees to participate in promotional activities related to the Promotion upon Pigeon Hill’s reasonable request. Winner, any individuals featured in any Entry photos or videos and any guests of Winner shall execute an appropriate model release permitting Pigeon Hill’s use of such person’s image as contemplated herein.
Pigeon Hill reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, without liability to the Entrant. Pigeon Hill reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Promotion or Pigeon Hill’s homepage, Facebook page, or any Pigeon Hill social media platform; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Pigeon Hill reserves the right to seek damages from any such person to the fullest extent permitted by law. Pigeon Hill’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other provision. The Promotion is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Promotion is void where prohibited or restricted by law. By participating in the Promotion, You acknowledge that You have read these Official Rules and agree to abide by them and by the decisions of Pigeon Hill, which are final and binding on all matters pertaining to the Promotion.
10. GOVERNING LAW: These Official Rules are governed by the law of the State of Michigan, excluding its rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in the state or federal courts located in Grand Rapids, MI.
12. DISCLAIMER: The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Instagram, Inc. or Twitter, Inc. By participating in the Promotion, you acknowledge and agree that you are providing your entry information to Pigeon Hill, and not to Facebook, Inc., Instagram, Inc. or Twitter, Inc.
© 2017 Pigeon Hill Brewing Company, Muskegon, MI