Giveaway Entry Form
TERMS & CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The Giveaway/Sweepstakes (the “Sweepstake” or “Sweepstakes”) is open only to those who watch the corresponding “Best New Model 3/Model Y Phone Mount?” YouTube video on the Daniel’s Brew Channel and subsequently sign up at the online Sweepstakes page on danielsbrew.com. The Sweepstake is also limited to the legal residents or citizens of the 48 contiguous United States (sorry Alaska, Hawaii, PR, other non-contiguous US territories and other countries) and is void where prohibited by law. Participants in the Sweepstakes must be 18 years of age or older at the time of entry. Daniel’s Brew or those affiliated with Daniel’s Brew including affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstake. The Sweepstake is compliant with all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Daniel’s Brew, as final and binding as it relates to the Sweepstake. The Sweepstake is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on the date the corresponding “Best New Model 3/Model Y Phone Mount?” YouTube video is published on the Daniel’s Brew YouTube channel (04/05/2021). The entries will close at 11:59pm PST on the date that the corresponding “Best New Model 3/Model Y Phone Mount?” YouTube video published on the Daniel’s Brew YouTube channel receives 500 likes. All online entries must be received before this deadline. All times are Pacific Standard Time. If one year passes from the date the corresponding YouTube video has been released, and the video still has not reached 500 likes, then the Sweepstake is automatically canceled on that date and this Sweepstake becomes void.
4. How to Enter: The Sweepstake must be entered by submitting an entry using the online form provided below on the submission page. The entry must fulfill all Sweepstake requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Daniel’s Brew. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Daniel’s Brew.
5. Prizes: The prizes are listed below with their approximate retail value at the time of this website publication.
1 – Temai Model 3/Y Electric Phone Mount (Approx value: $39.00 USD, as of Apr 2021)
2 – Temai Model 3/Y Electric Phone Mount (Approx value: $39.00 USD, as of Apr 2021)
Actual/appraised value may differ at time of prize award. No cash or other prize substitution permitted except at the sole discretion of Daniel’s Brew. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. In this case, however, since the prize amount is less than $600.00 USD, it is likely that there is no tax liability to the winner. But it is the sole responsibility of the winner to determine the tax implications and handle any and all prize related expenses, when it comes time to file taxes. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Daniel’s Brew to use winner’s name and location (region) only for the purposes of announcing the winner on the Daniel’s Brew YouTube Channel.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: When the Sweepstake closes, two (2) winners will be selected at random from the list of entries. The random selection will be done at the sole discretion of Daniel’s Brew and will involve using a random number generator. Each winner can only win once and each winner will only receive one of the prices listed above in the prizes section of this Terms & Conditions document. Winners will be notified via email to the email address they entered the Sweepstake with within ten (10) business days following the winner selection. Daniel’s Brew shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk email or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within ten (10) business days from the time award notification was sent, the prize may be forfeited and an alternate winner selected. If the winner does respond and agrees to accept the prize, arrangements will be made via email for Daniel’s Brew to mail the package to the winner’s address. Daniel’s Brew will cover only the shipping cost for this prize. Any other prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. In this case, however, since the prize amount is less than $600.00 USD, it is likely that there is no tax liability to the winner. But it is the sole responsibility of the winner to determine the tax implications and handle any and all prize related expenses, when it comes time to file taxes. The receipt by winner of the prize offered in this Sweepstake is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT DANIEL’S BREW’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Terms: Daniel’s Brew reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstake should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Daniel’s Brew may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Daniel’s Brew to mitigate & resolve the situation. Daniel’s Brew reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Daniel’s Brew has the right, in its sole discretion, to maintain the integrity of the Sweepstake, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same user, with multiple email addresses or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstake may be a violation of criminal and civil laws and should such an attempt be made, the Daniel’s Brew reserves the right to seek damages from any such person to the fullest extent permitted by law.
10. Limitation of Liability: By entering you agree to release and hold harmless the Daniel’s Brew and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) the condition of the prize received (iii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Sweepstake; (vi) electronic or human error which may occur in the administration of the Sweepstake or the processing of entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF USA AND OR, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstake, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Oregon having jurisdiction. Further, in any 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 reasonable attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.
13. Winners List: The first name and region of the winner(s) will be posted on the comments section of the coresponding YouTube video on the Daniel’s Brew channel – when the entries have closed and a winner has claimed their prize. Should you want the names of the winners separately via email, please contact us at firstname.lastname@example.org and in the body of the email type ‘Please email me the winners’ list for the Electric Phone Mount Giveaway Winners. Only the first names and the regions of the winners will be given out to protect their privacy.
15. The Sponsor of this Sweepstake is Daniel’s Brew. This promotion is in no way sponsored, endorsed or administered by, or associated with, YouTube, Temai or Tesla. You understand that you are providing your information to the owner of this Sweepstake and not to YouTube, Temai or Tesla.