Mother Earth Brewing

SILENT NIGHT POSTER DESIGN CONTEST OFFICIAL RULES

1. ELIGIBILITY:  The Mother Earth Brewing Silent Night Poster Design Contest (the “Contest”) is open to individuals who are legal residents of the United States of America and the District of Columbia, who are 21 years of age or older at the time of entry.  The following individuals are not eligible: employees, contractors, directors and officers of Mother Earth Brewing, LLC ("Sponsor"), its parent, subsidiaries and affiliated companies, and the web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, "Contest Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) of, and those living in the same households as, each such individual. Contest is void outside the USA and where prohibited.

2. OVERVIEW:  Eligible individuals may enter the Contest by creating and submitting a poster design (an “Entry”) for the Mother Earth Silent Night Release Party (the “Event”).  The poster is intended to be a commemorative poster to celebrate the 2017 release of Silent Night, a barrel-aged Imperial Stout produced by Mother Earth Brewing.  The date of the release is November 17, 2018, and will be celebrated with a party at Mother Earth Brewing.  The winning Entry will be used to advertise the event.  Mother Earth Brewing will select one Grand Prize winning Entry.  See Section below regarding Judging and selection of winner.

3. CONTEST PERIOD:  The Contest begins on August 6th, 2018 at 12pm Eastern Time (ET) Zone in the United States and ends on September 7th, 2018 at 11:59pm Eastern Time (ET) Zone (the “Contest Period”).  Winner will be notified by Friday, September 14th, 2018.  All dates subject to change.

4. CONTENT REQUIREMENTS:  The Entry should incorporate the following elements:

• Date of the event
• Time of the event
• 2018 Silent Night bottles for sale
• Silent Night vintages 2014-2018 on tap
• Espresso shots provided by Counter Culture Coffee
• BBQ cooked on site for sale, with proceeds benefiting the smART Kinston Foundation

The Entry should also conform to the following requirements:

• The Entry must not be derogatory, offensive, threatening, defamatory, disparaging, libellous or contain any content that is inappropriate, indecent, sexual, profane, torturous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
• The Entry must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Entry and supporting statement are created.
• The Entry must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
• The Entry must be original, unpublished works that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
• The Entry cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
• The Entry is not the subject of any actual or threatened litigation or claim.
• The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.
• The Entry is two-dimensional and scannable.

Logos for Mother Earth Brewing, Silent Night Barrel-Aged Imperial Stout, smART Kinston Foundation, and Counter Culture Coffee can be downloaded here, or sent via email to eligible entrants for inclusion in the Entry.  These logos are made available for the express purpose of this Contest and may be used only in accordance with these official rules, and logos may not otherwise be reproduced or used in any other application, commercial or otherwise, without the express written permission of Mother Earth Brewing, LLC, smART Kinston, Counter Culture Coffee, or any of their subsidiaries.

5. CONDITIONS OF ENTRY:  Entrant warrants and represents that the Entry:

1. is original;
2. does not infringe the intellectual property, privacy, publicity rights, ownership or any other legal or moral rights of any third party;
3. has not been entered in contests sponsored by anyone other than Mother Earth Brewing, LLC;
4. is suitable for public viewing.

By submitting an Entry, Entrant represents that he/she owns all rights to each element of his/her Entry, including, without limitation, the copyrights of the Entry. If someone other than the Entrant created the content, Entrant further represents that he/she has obtained an assignment of rights from the third party that created the content. Sponsor's determination as to whether the Entry violates the rights of any third party is final.

Each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), on an exclusive basis, each element of the Entrant's Entry, and use of the Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of any element of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of any element of the Entry or Entrant's Likeness or statements.

Entrant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of Entrant's Entry, or the Entrant's conduct in submitting an Entry or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual's right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any elements or ideas contained in any element of the Entry.

6. JUDGING:  Sponsor will select, in its sole discretion, one (1) entry deemed to be the best overall representation of the parameters of the contest to be awarded the Grand Prize.

7. PRIZES:  One (1) Grand Prize will be awarded.  Prize consists of:

1. Three (3) bottles of Silent Night Barrel-Aged Imperial Stout, vintage 2018 (approximate value: $48.00)
2. Dinner for two in Kinston, NC, excluding alcohol (approximate value: $75.00)
3. One (1) night stay at The Mother Earth Motor Lodge in Kinston, NC. (approximate value: $129.00)

All costs not specifically mentioned in Section 7 of these official rules, including travel costs, incidentals and otherwise are the sole responsibility of the winner.

8. GENERAL CONDITIONS:  Potential Finalists and Winners are subject to verification, including without limitation, verification of eligibility and compliance with these Official Rules. Potential Finalists will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and, where lawful, Publicity Release. Each potential Finalist will also be required to execute an Assignment of Rights, in which he/she irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in each element of the Entry, including, without limitation, all copyrights, and waives all moral rights in those works. All completed documents must be returned to Contract Administrator within 7 days of the date notice was sent or Finalist status will be forfeited and an alternate Finalist may be selected. Notification of Finalist or winner status must be kept confidential until announced by Sponsor. Failure to comply with this requirement may result in disqualification. All winners are solely responsible for any taxes on their respective individual prizes. No substitution of prize will be offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require winners to submit to a confidential background check to confirm eligibility as a condition of awarding any prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Entrants/Finalists agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. This Contest is governed by the laws of the state of North Carolina, and by entering; Entrants/Finalists agree that all claims or disputes must be resolved exclusively in the federal or state courts in Lenoir County, North Carolina.

9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Web Site, in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Web Site is at user's own risk. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained by user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases the Sponsor from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize, winners agree that the Sponsor shall not be liable for any loss or injury resulting from participation in the Contest, or the acceptance or use of any prize. The Sponsor is not liable in the event that any portion of the Contest or scheduled Events are cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.