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Terms and Policies

Terms and Conditions

TERMS OF USE OF WWW.SIERRANEVADA.COM AND WWW.SHOP.SIERRANEVADA.COM PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

1. DEFINITIONS A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” or “Sierra Nevada” refer to Sierra Nevada Brewing Co., a California corporation. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Sierra Nevada Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Sierra Nevada or its users, such as data providers who license data to Sierra Nevada for use on the Site.

2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.sierranevada.com and www.shop.sierranevada.com (collectively, the “Site”) or any service connected with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by Sierra Nevada from time to time in its sole discretion. Sierra Nevada will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3. PRIVACY POLICY. Sierra Nevada respects your privacy and permits you to control the treatment of your personal information. A complete statement of Sierra Nevada’s current privacy policy can be found below, immediately following these Terms and Conditions. Sierra Nevada’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Sierra Nevada immediately on any unauthorized use of your account, user name, or password. Sierra Nevada shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Sierra Nevada, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

4. USER CONTENT. You grant Sierra Nevada a license to use the materials you post to the Site. Any and all User Content posted to the Site may first be reviewed and approved by Sierra Nevada, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting Sierra Nevada , its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Sierra Nevada , its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Sierra Nevada may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

6. INTELLECTUAL PROPERTY OWNERSHIP. All Sierra Nevada Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Sierra Nevada and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Sierra Nevada and protected by U.S. and international copyright laws. All software used on this site is the property of Sierra Nevada or its software suppliers and protected by United States and international intellectual property laws. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sierra Nevada or our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Sierra Nevada name or trademarks without the express written consent of Sierra Nevada. You may not use any direct linking or source-calling of any media presented on this website.

7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Sierra Nevada has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Sierra Nevada’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Sierra Nevada to delete, edit, or disable the material in question, you must provide Sierra Nevada with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sierra Nevada to locate the material; (d) information reasonably sufficient to permit Sierra Nevada to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Sierra Nevada at info@sierranevada.com.

8. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Sierra Nevada reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Sierra Nevada intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

9. PROHIBITED USES. Sierra Nevada imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Sierra Nevada in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

10. ALLEGED VIOLATIONS. Sierra Nevada reserves the right to terminate your use of the Site, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. To ensure that Sierra Nevada provides a high quality experience for you and for other Users of the Site, you agree that Sierra Nevada or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. Sierra Nevada does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Sierra Nevada reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Sierra Nevada believes that you have violated any of the Terms of Use, furnished Sierra Nevada with false or misleading information, or interfered with use of the Site by other Users. Sierra Nevada assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time Sierra Nevada chooses, in its sole discretion, to monitor the Site, Sierra Nevada assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct. If you become aware of misuse of the Site or Services or of any prohibited Content or conduct, please report it to Sierra Nevada at info@sierranevada.com.

11. RETURN POLICY. We want you to be completely satisfied with your purchase of Sierra Nevada merchandise on www.shop.sierranevada.com. We will gladly replace, exchange, or return any damaged, defective or unused item, provided the following conditions are met: (a) The product has not performed within reasonable expectations. An exchange or refund will not be given for products that have been used or products that have been damaged as the result of customer misuse or neglect. (b) Please enclose the sales receipt and return information. (c) We are not able to return or exchange any food or personal care items unless they are damaged or defective upon receipt.

12. NO WARRANTIES. SIERRA NEVADA HEREBY DISCLAIMS ALL WARRANTIES. SIERRA NEVADA IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIERRA NEVADA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SIERRA NEVADA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. SIERRA NEVADA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIERRA NEVADA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SIERRA NEVADA. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. Sierra Nevada has no control over, and no liability for any third party websites or materials. Sierra Nevada works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Sierra Nevada nor the Site has control over the content and performance of these partner and affiliate sites, Sierra Nevada makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Sierra Nevada assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Sierra Nevada makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. INDEMNITY. You agree to indemnify Sierra Nevada for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Sierra Nevada , its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Sierra Nevada will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Butte County, California, USA in all disputes arising out of or related to the use of the Site.

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE. Nothing contained in these Terms of Use or on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Sierra Nevada or by any third party.

19. MODIFICATIONS. Sierra Nevada may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Sierra Nevada shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Sierra Nevada also reserves the right to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

21. COPYRIGHT. All contents of Site or Service are: Copyright © 2017 Sierra Nevada. All rights reserved.

22. LIMITATIONS ON EXCLUSIONS FROM LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO ANY SUCH EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. By way of example, and not of exhaustive list of jurisdictions, any such exclusions of liability contained herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, we shall not be liable for any damages resulting from the use of this Site or Services unless such damages are the result of our negligent or reckless acts or omissions or as damages may otherwise be allowed pursuant to New Jersey law.

23. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 


Accessibility Statement for Sierra Nevada

Sierra Nevada Brewing Co. is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.

Conformance status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. sierranevada.com is partially conformant with WCAG 2.0 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

Feedback

We welcome your feedback on the accessibility of sierranevada.com. Please let us know if you encounter accessibility barriers on sierranevada.com:

We try to respond to feedback within 5 business days.


Privacy Notice

Privacy Notice Effective Date: April 28, 2020

1. INTRODUCTION.

Sierra Nevada Brewing Co. (” us,” “we,” “our,” or “Sierra Nevada“) is committed to respecting the privacy rights of our customers, visitors, and other users. This Privacy Notice (“Privacy Notice“) describes how we collect, use, disclose, and protect your information, as well as what rights you have with regard to the information we maintain about you, when you:

  • Use our websites (sierranevada.com, www.sufferfestbeer.com, www.strainge beast.com, shop.sierranevada.com) and any other website that we operate and that link to this Privacy Notice (collectively referred to as our “Sites“);
  • Communicate with us electronically, such as via email; and
  • Interact with us offline, including in person at our taprooms, over the phone, or at an event (all three bullet points together, referred to as our “Services”).

Please read this Privacy Notice carefully before using our Sites and Services. If you have any questions or complaints about this Privacy Notice or our information practices, please contact us using the information in Section 14 below.

Sierra Nevada Brewing Co. is the data controller of the Personal Information collected under this Privacy Notice. Contact information for Sierra Nevada Brewing Co. can be found in Section 14 below.

2. NOTICE CONCERNING UNDERAGE USERS.

Because Sierra Nevada is an alcoholic beverage company that is based in the United States, you must be at least twenty one (21) years of age to access, use, or make purchases from our Sites. We do not direct any content at, or knowingly collect Personal Information from or about, persons less than 21 years of age. If we learn or have reason to suspect that a user of our Sites is under age 21, we will promptly delete the Personal Information that we collected. We certainly do not direct any content at, or knowingly collect Personal Information from or about children under 13 years of age without parental consent. If we learn that a child under the age of 13 has provided Personal Information to us without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us using the information in Section 14 below.

3. HOW WE COLLECT YOUR PERSONAL INFORMATION.

In order for you to receive certain Services and interact with our Sites, we may require you to provide us with Personal Information. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. We may collect the following categories or Personal Information from you in the following ways:

(3.1) PERSONAL INFORMATION COLLECTED DIRECTLY FROM YOU. When you make purchases from our Services, send us messages online, sign up for our newsletters, communicate with us through e-mail, phone, or in person, participate in our insight groups and fill out our surveys, participate in our text-to-win programs, attend our tours and events, or visit our Taprooms, we may collect the following categories of Personal Information from you:

  • Identifiers and Contact Information, such as your name, mailing address, billing address, phone number, company name, e-mail address, and account user name (if you create an account with us). We may also ask you to provide your photograph and/or government-issued identification card, but only for identity or age verification purposes;
  • Financial Information, such as your bank account or credit card number;
  • Communication Data, such as the content of your communications when you complete surveys and online forms, provide us feedback, or otherwise email us with a comment or complaint;
  • Audio, Electronic or Visual Information, such as images of you that may be captured through our security cameras in our Taprooms, or photographs or videos taken of you when you interact with us at our events. If you participate in a focus or marketing research group for our products, we may also obtain a recording of your image and/or voice from the third-party organizer in order to analyze your comments and reactions and improve our products;
  • Other Identifying Data, such as your date of birth, your signature (on purchase receipts), and resume information (if you are applying for a job or internship with us).

(3.2) PERSONAL INFORMATION COLLECTED AUTOMATICALLY WHEN YOU USE OUR SITES. When you visit the Sites, we automatically track and collect your user data through cookies and other data tracking technologies. You can learn more about our use of cookies and data tracking technologies in Section 7 below. Some of this data is considered Personal Information under certain privacy laws. When you visit our Sites, we may collect the following categories of Personal Information from you:

  • Identifiers, such as your IP address, and unique identifiers generated by cookies.
  • Internet and other Electronic Activity Information, such as your domain servers, device types, browser types, search terms, operating systems, browsing history and other information about your use of the Sites. We cannot identify you by this information alone, but it is helpful for understanding our audience generally and improving your experience on the Sites.

4. HOW WE USE YOUR PERSONAL INFORMATION.

We will use your information as described below or at the time we collect it.

(4.1) ACCESS AND VERIFICATION. You must be at least 21 years of age to access our Services. In order to comply with our legal obligations, we ask for your year and/or full date of birth in order to verify that you are old enough to access our Sites. We may also request that you provide us with your government-issued identification card and/or photograph to verify your age when you make purchases from us or to verify your identity. Our legal basis for processing this Personal Information is pursuant to our legal obligations.

(4.2) REGISTRATION. If you wish to create an account with us, we collect your Identifiers and Contact Information in order to create the account for you. In addition, when you sign up for our tours or events, we collect your Identifiers and Contact Information to register you for these activities. Our legal basis for processing this Personal Information is pursuant to our legitimate interests.

(4.3) ADMINISTRATIVE COMMUNICATIONS. We use your Communication Data, Identifiers and Contact Information to respond to your feedback, complaints, questions, and other communications you send to us. We may also contact you to send you important administrative announcements, such as updates to this Privacy Notice and other legal documents and notices about your account, our company, or our Services. If you participate in our text-to-win program, we may send you communications with our legal basis for processing this Personal Information is pursuant to our legitimate interests.

(4.4) MARKETING COMMUNICATIONS. With your consent, we may use your Identifiers and Contact Information to send you marketing and other promotional information about our company or our products or Services. You may opt out of marketing communications at any time by clicking on the “unsubscribe” link in any marketing email or by emailing us at privacy@sierranevada.com. Our legal basis for processing this Personal Information is pursuant to our legitimate interests or, where required by law, your consent.

(4.5) COMPLETION OF PURCHASE ORDERS. We use your Financial Information to bill you for items and products, and we use your Identifiers and Contact Information to provide purchase order confirmation and other communications related to your transaction. Our legal basis for processing this Personal Information is pursuant to our contract with you. We use a third party payment processor to process your payment card information on our behalf. Sierra Nevada does not maintain or store your payment card information.

(4.6) PERFORM ANALYTICS AND IMPROVE USER EXPERIENCE. We may use Personal Information, Internet and other Electronic Activity Information, and other non-identifiable data to improve your experience by, for example, curating content and showing you advertisements tailored to your interests. We may also use such information to perform analytics of our Sites. Our legal basis for processing this Personal Data is pursuant to our legitimate interests.

(4.7) IMPROVE OUR PRODUCTS. When you provide us feedback about our products, or participate in insight or research groups related to our products, we collect your Communication Data, Identifiers and Contact Information, and Audio, Electronic, and Visual Information in order to analyze and understand your opinions of our products. Our analysis of this information allows us to create and improve our products. From time to time, we may use your Identifiers and Contact Information to send you thank-you gifts for your participation in such activities. Our legal basis for processing this Personal Information is pursuant to our legitimate interests in improving our products.

(4.8) EMPLOYMENT APPLICATIONS. If you apply for employment through our website, we will use the Personal Information contained in your application to evaluate your potential employment with us. Our legal basis for processing this Personal Data is pursuant to our legitimate interests and/or our potential contract/employment relationship with you. We also use automated decision-making technology to determine your eligibility to work and enter into a contract with us – in particular, to determine whether you are at least 21 years of age and, for certain positions, whether you have a valid driver’s license. If you do not meet these criteria, we will not review your application.

(4.9) ENFORCEMENT. We may use your Personal Information to investigate, enforce, and apply our Terms of Use and Privacy Policy. Our legal basis for processing this Personal Data is pursuant to our legitimate interests or legal obligations.

5. PUBLIC FORUMS.

We may make available, and you may participate in, public forums, including chat rooms, message boards, product review boards, news groups, and our social media pages. If you post in these public forums, the information (including any Personal Information) you post will be publically available to us and other users of our Sites. We have no control over how other users of our Sites may use or share your information. We recommend that you exercise caution when participating in public forums and posting information to those public forums.

6. HOW WE SHARE YOUR PERSONAL INFORMATION.

We share your Personal Information with your consent, at your direction, or in the following circumstances:

(6.1) SERVICE PROVIDERS. We may share your Personal Information, including Identifiers, Contact Information, Financial Information, Communication Data, Internet and other Electronic Activity Information, Audio, Electronic or Visual Information, and Other Identifying Data with third parties that assist us in operating our Services and our business by providing services related to hosting, data management, billing, fulfillment, marketing, and other operational services. We take steps to ensure that our service providers protect the Personal Information we share with them and require that they not further share, sell, disclose, or otherwise use the Personal Information we share with them for any purpose other than providing services to us.

(6.2) BUSINESS PARTNERS. When you direct or otherwise give us permission to do so, we may share your Identifiers, Contact Information and Financial Information to our business partners that assist us in processing payments and other transactions you make with Sierra Nevada. Please be aware that you may have the option of providing your Personal Information directly to our business partners and that these business partners may use your Personal Information in ways that are different than Sierra Nevada, such as sending you marketing emails of their own products or services. We are not responsible for how our business partners handle the information you provide to them and we encourage you to review the privacy policies of our business partners before submitting your Personal Information directly to them.

(6.3) CORPORATE TRANSACTION: If Sierra Nevada is acquired by or merged with or into another entity, or if all or substantially all of our assets are transferred to another entity, all categories of your Personal Information may be transferred to such entity as part of the transaction. If that entity has not committed to comply with this Privacy Notice, then we will give you the option to opt out of the transfer of your Personal Information to the successor entity.

(6.4) LEGAL OBLIGATIONS. We may share any or all categories of your Personal Information with third parties when it is reasonably necessary to: (a) comply with a court order or other legal process; (b) protect our rights, safety or property of Sierra Nevada or our users; or (c) enforce our Terms of Use.

We do not share your Personal Information with third parties for those third parties’ own marketing purposes.

7. COOKIES AND OTHER DATA COLLECTION TECHNOLOGY.

A “Cookie” is a small text file that is sent to or accessed from your web browser or your computer’s hard drive. A Cookie typically contains the name of the domain (internet location) from which the Cookie originated, the “lifetime” of the Cookie (when it expires), and a randomly generated unique number or other similar identifier. A Cookie may also contain information about your computer, such as user settings, browsing history and activities conducted while using our online services.

A “Web Beacon” (also called a “pixel tag” or “clear GIF”) is a piece of computer code that enables us to monitor user activity and website traffic.

We refer to Cookies, Web Beacons (also known as pixel tags and clear GIFs) and other similar technology as “Data Collection Technology“. To learn more about Cookies and Web Beacons, visit www.allaboutcookies.org.

Data Collection Technology helps us improve your experience on our online services. For example, we use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which the website is used to help us to improve it. Google Analytics does this by placing Cookies on your device. The information that the Cookies collect, such as the number of visitors to the website, the pages visited and the length of time spent on the website, is aggregated. We also may use Data Collection Technology to collect information from the computer or device that you use to access our online services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.

We generally use the following types of Data Collection Technologies, which may change from time to time: (i) Session Cookies, which expire once you close your browser; and (ii) Persistent Cookies, which stay on your computer until you delete them.

(7.1) YOUR CONTROL OF COOKIES: Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject Cookies or alert you when a Cookies is placed on your device. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through our online services.

(7.2) OUR POLICY ON DO NOT TRACK SIGNALS: Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. We follow the DNT signals we receive from your browsers.

8. INTEREST-BASED ADVERTISING.

We may use third-party service providers to serve advertisements on our behalf across the Internet. These advertising service providers may collect (through the use of Data Collection Technologies) information about your visits to and interactions with our Sites. In addition to the information about your visits to our Site, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from us. We do not allow our advertising service providers to use the Personal Information we make available to them for any other purpose than to provide us advertising and analytics services. If you would like more information about this practice, please visit the Network Advertising Initiative (“NAI”) Frequently Asked Questions. To manage your third party advertising preference, you can use the NAI Consumer Opt Out mechanism. Note that if you opt out of interest-based advertising, you may still see advertisements – they will just not be tailored to your interests.

9. SECURITY AND RETENTION OF PERSONAL INFORMATION.

We use appropriate organizational and technical safeguards to protect your information from unauthorized access, disclosure, use, or loss. For example, your Personal Information is stored on secure servers, and we provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser. We also limit access to your Personal Information to those employees and contractors who need access to perform their job function. If you have any questions about the security on the Sites, please contact us at privacy@sierranevada.com

Although we take appropriate measures to safeguard your Personal Information, we cannot guarantee security. We recommend that you take reasonable measures to protect the Personal Information you submit through the Sites, such as keeping confidential your account username and password.

We will maintain your Personal Information for as long as you have an account or as is necessary to fulfill the purpose for which it was collected at the time of collection. We may also maintain some of your Personal Information as is necessary to: (a) comply with a legal or regulatory requirement; (b) protect our rights or property; (c) enforce our Terms of Use; or (d) carry out other legitimate business purposes. After we have satisfied the purpose for which your Personal Information was collected, we will either delete or anonymize it.

10. USER RIGHTS AND CHOICES.

If you would like to access or modify the Personal Information we maintain about you, please contact us at privacy@sierranevada.com.

If you are located in the European Economic Area (“EEA”), you have the following additional rights with respect to your Personal Information:

(10.1) RIGHT TO ACCESS AND RECEIVE. You may request a copy of or access to the Personal Information we hold about you. You may also request that we transfer your Personal Information to a third party in a machine-readable format.

(10.2) RIGHT TO CORRECT. You may ask us to update or correct inaccurate or incomplete Personal Information we hold about you.

(10.3) RIGHT TO LIMIT OR RESTRICT. You may have the right to request that we stop using all or some of your Personal Information or to limit our use of it. You also have the right to withdraw your consent to those Personal Information processing activities for which you have given us your consent.

(10.4) RIGHT TO ERASE. You may have the right to request that we delete all or some of your Personal Information.

(10.5) RIGHT TO WITHDRAW CONSENT. You have the right to withdraw any consent you have previously given to Sierra Nevada at any time. Your withdrawal of consent does not affect the lawfulness of our collecting, using, and sharing of your Personal Information prior to the withdrawal of your consent. Even if you withdraw your consent, we have the right to use your Personal Information if it has been fully anonymized and cannot be used to personally identify you.

(10.6) RIGHT TO COMPLAIN. You have the right to lodge a complaint with your Supervisory Authority if you are unhappy with how we process your Personal Information. You can find contact information for you Supervisory Authority on the European Commission Data Protection Authorities webpage or through other publicly available sources.

(10.7) AUTOMATED DECISION-MAKING. You have the right to express your point of view or contest any decision made as a result of automated decision-making technology, including any decision made about your employment application per Section 4.7 above. You also have the right to ask that we manually review these aspects of your employment application. If we are required by applicable laws to provide you with an option to opt-out of such automated decision-making, we provide you with that option.

(10.8) EXERCISING YOUR RIGHTS. You may contact us at privacy@sierranevada.com to assert any of the above rights. We will respond as soon as possible.

11. NOTICE FOR OUR CALIFORNIA CONSUMERS

 

(11.1) CALIFORNIA CONSUMER PRIVACY ACT.

If you are a California resident, there are certain rights available to you under the California Consumer Privacy Act (“CCPA”).

  • Request to Know. You have the right to request to know: (i) the specific pieces of Personal Information we have collected about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information. You may exercise your right to request to know twice a year, free of charge.

Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.

Generally, in the past 12 months:

    • We collected the categories of Personal Information from the sources detailed above in “How We Collect Your Information”. The purposes for the collection of the Personal Information are described above in “How We Use Your Personal Information.”
    • We have not sold your Personal Information.
    • We have disclosed or shared your Personal Information to the categories of third parties in the manner detailed above in “How We Share Your Personal Information.”
  • Request to delete. You have the right to request that we delete the Personal Information that we have collected from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request to delete, we will let you know the reason why.
  • Opt out of the sale of your Personal Information. You have the right to opt out of the sale of your Personal Information. However, we do not sell your Personal Information.
  • Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, please know that you may be unable to use or access certain features of our Websites or services.

 

To make a request to know or a request to delete, contact us at 800-893-0755 or complete our online form available at: https://sierranevada.com/contact/. You can choose “Privacy Request” from the drop-down menu and let us know what request you would like to make.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you so that we can verify your identity. We will only use the Personal Information you provide to verify your identity and to process your request, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

 

12. NOTE TO INTERNATIONAL USERS.

Sierra Nevada is headquartered in the United States, where the laws may not be as protective as the laws in your country. Please be advised that any Personal Information that you provide to us or that we gather through our Services will be transferred to the United States. By using our Services and providing your Personal Information to us, you acknowledge that your Personal Information will be transferred to and processed in the United States.

13. THIRD PARTY LINKS.

The Sites contain links to third party websites. We do not control and are not responsible for the privacy practices or the content of such third party websites. We suggest you read the privacy policies on all such third-party websites. This Privacy Notice is only applicable to our Services, and not to any other websites or services that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Notice.

14. CONTACT US.

If you have a question or concern regarding this Privacy Notice, you may contact us at privacy@sierranevada.com or write or call us at the following address:

Privacy Notice Compliance

Sierra Nevada Brewing Co.

1075 E. 20th Street

Chico, CA USA 95928

530-893-3520

In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.

15. UPDATES AND CHANGES TO PRIVACY NOTICE.

We may need to modify this Privacy Notice as the law or our data practices changes. If we make material changes, we will notify you of such changes by any reasonable means (e.g., notice on the Sites, email to the email address we have on file, etc.) prior to them becoming effective. Your continued use of our Services after receiving such notice means that you acknowledge and accept the revised Privacy Notice.


Standard Text-to-Win Promotions

NO PURCHASE NECESSARY AND NO ENTRY FEE REQUIRED TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.

ODDS OF WINNING DEPEND ON THE TOTAL NUMBER AND OVERALL QUALITY OF ENTRIES RECEIVED. THE MORE CREATIVE YOU ARE, THE BETTER YOUR CHANCES, AND BELIEVE ME, WE HAVE SOME HIGH STANDARDS.

BY ENTERING THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH ANY OF THE RULES OR CONDITIONS WILL RESULT IN DISQUALIFICATION. WE’RE NOT MAD, JUST DISAPPOINTED. RESTRICTIONS APPLY SO PLEASE DO AS WE SAY.

ENTRY PROCEDURE: During the promotion period as outlined on the point-of-sale (from here on out referred to as “POS”) participants use your mobile phone to text (“keyword” on POS) to 69922 and follow instructions to be entered into the sweepstakes. Those participating by text message must have a mobile phone with text messaging capabilities to participate via their mobile phone. Participants entering this Sweepstakes via text message may incur a standard text message and/or data charge from their wireless service provider. Participants are solely responsible for any such wireless charges. Additionally, participants can enter via email to beer@sierranevada.comLimit: One text entry per wireless phone number per day; and, one emailed entry per day.

No purchase necessary. No entry fee required. Message & data rates may apply. No additional msg/month. Text STOP to end. Text HELP for help or email beer@sierranevada.com.

ELIGIBILITY: Each text-to-win sweepstakes (“Promotion”) is offered and open only at participating locations to legal residents of such jurisdiction(s) as stated in point-of-sale advertisement for such Promotion who are age 21 or older at time of entry. Void in all other states and where prohibited. Employees, officers, lackeys, good friends, and representatives of Sierra Nevada Brewing Co. and its licensed industry members, including all retailers, manufacturers, and wholesalers, as well as industry members’ immediate families and/or households or pets, are not eligible to enter this Contest. You guys live the dream every day, give somebody else a chance, will ya?

PROMOTION PERIOD: The Promotion starts on the start date indicated on the POS and, unless otherwise stated on POS, ends on or about 11:59:59 pm local time (at the participating locations) on the end date indicated on the POS (“Promotion Period”).

PRIZE(S): Prize(s) consist of the items specifically named as prizes in the POS. The number of prizes to be given away, their description(s) and approximate retail value is as indicated on the POS. Sponsor reserves the right to substitute a prize of equal or greater value. Prize(s) are not redeemable for cash. No substitution or transfer of prizes will be permitted except at Sponsor’s sole discretion. All federal, state and local taxes and other fees associated with prize receipt and use are the sole responsibility of the winner. Sierra Nevada Brewing Co. will notify winners via text message approximately thirty (30) days after the end of the Promotion Period. Sierra Nevada Brewing Co. must receive a response to the notification within five (5) calendar days of the notification date. If the potential winner fails to respond, or if the notification is undeliverable, the winner shall have forfeited the prize, and an alternative winner will be selected; however Sierra Nevada Brewing Co. is not obligated to do so. Again, give us correct contact info and respond when we come lookin’ or the party’s over for you. Prizes will be delivered within sixty (60) days after the end of the Promotion Period.

CONTENT SUBMISSION: All entries and all photos, included therein become the exclusive property of Sierra Nevada Brewing Co. By entering such Contest, you: 1) grant Sierra Nevada Brewing Co. permission to use, in perpetuity and at our sole discretion, your name and likeness on our website and any other promotional materials, in any and all media now known or hereafter devised, without further compensation to you, unless prohibited by law; 2) represent and warrant that you are the original creator of all visual, audiovisual, and written material included in your entry, and that such material does not contain any elements created or owned by anyone else, or anything that violates a trademark, tradename, logo, likeness, copyright, patent, publicity, privacy or other rights of anyone else; 3) represent and warrant that no visual, audiovisual, and/or written material included in your entry has been produced or commercially exploited before; and 4) represent and warrant that no visual, audiovisual, and/or written material included in your entry contains any defamatory, libelous, illegal or obscene content.

REASONS WHY YOUR ENTRY MIGHT BE AXED: 1. Your entry featured minors or any persons under the legal drinking age (except incidental and not part of the primary content.) C’mon guys, we all know you think your niece holding a beer bottle is cute, but we also know combining underage folks and beer is just a bad idea. 2. Your entry featured explicit nudity (by any person over and under the legal drinking age). Keep it in your pants…nobody needs to see that. 3) Your entry included disparaging context regarding competitive products. Of course we think we make the best beer in the world, but there are a lot of great beers that folks work really hard to bring to you. Can’t we all just get along? Any entry that fails to abide by these conditions will not be considered.

DISCLAIMER, RELEASE AND INDEMNITY: By entering this Contest, each contestant agrees and acknowledges that neither Sierra Nevada Brewing Co. nor any of its employees, agents, representatives, contractors, service providers and professional advisers connected with this Contest (hereinafter collectively “Sierra Nevada Related Parties”) shall be responsible or liable for: (i) any late, lost, stolen, forged, mutilated, corrupted, incomplete, illegible or misdirected entries; (ii) any errors, omissions, misinformation, or misidentification in an entry; (iii) any dispute or claim arising from a contestant’s participation in this Contest or his/her entry, or his/her receipt, ownership or use of the prize; (iv) any computer hardware, software, Internet, network, cable, phone, or other communication or technical errors, failures, malfunctions, interruptions, or delays; or (v) any damage to a contestant’s or any other person’s computer hardware, software or data that results from participation in said Contest or accessing, downloading or using any tools, files, data, software, or other articles or materials in connection with said Contest. Sierra Nevada Brewing Co. also reserves the right to prohibit the participation of any individual if fraud or tampering is suspected, or the failure to comply with any provision of these Official Rules.

By entering said Contest, each contestant agrees, to the maximum extent permitted by applicable law, to release, discharge, indemnify, defend, and hold harmless Sierra Nevada Brewing Co. and Sierra Nevada Related Parties from any and all claims, suits, causes of action, liabilities, damages, judgments, costs and expenses (including, without limitation, attorneys’ fees) arising from or as a result of (i) his/her participation in this Contest or his/her receipt, ownership or use of any prize awarded in this Contest, (ii) his/her breach of any of the contestant representations and warranties set forth in these Official Rules, and/or (iii) his/her breach or violation of any of the other provisions of these Official Rules.

RESERVATION OF RIGHTS: Sierra Nevada Brewing Co. reserves the right, to the extent permitted by applicable law, to terminate, cancel, modify or suspend this Contest, in whole or in part, if fraud, technical failures or any other factor beyond Sierra Nevada Brewing Co.’s reasonable control impairs the integrity of this Contest as determined by Sierra Nevada Brewing Co. in its sole discretion. If this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or otherwise does not permit entry, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sierra Nevada Brewing Co.’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this Contest, Sierra Nevada Brewing Co. reserves the right, at its sole discretion and to the extent permitted by applicable law, to disqualify any individual implicated in such action, and/or to cancel, terminate, cancel, modify or suspend this Contest, in whole or in part. Any attempt by a contestant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made Sierra Nevada Brewing Co. reserves the right to seek damages and/or other remedies from any such person to the maximum extent permitted by applicable law. In addition, Sierra Nevada Brewing Co. reserves the right to take down and remove any entry that becomes subject to a third-party claim for copyright infringement or for violation of any other right.

DISPUTES: This Contest is governed by the laws of the United States and the laws of the State of California, without respect to conflict of law doctrines.

SPONSOR: This Contest is sponsored by Sierra Nevada Brewing Co., 1075 East 20th Street, Chico, California 95928. See www.sierranevada.com.

WINNER INFORMATION: To learn the actual number of entries received and the winners selected in this Contest, please email your request to beer@sierranevada.com.

©2020 Sierra Nevada Brewing Co. SIERRA NEVADA® is a registered trademark of Sierra Nevada Brewing Co.


SIERRA NEVADA’S CREATE YOUR OWN EPIC OUTDOOR ADVENTURE CONTEST

OFFICIAL RULES

Sponsored by Mariah Media Network LLC (“Sponsor”)

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. CONTEST IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.  DO NOT ENTER THIS CONTEST IF YOU ARE NOT ELIGIBLE AND CURRENTLY LOCATED IN ONE OF THE 50 UNITED STATES/D.C. CONTEST IS SUBJECT TO ALL FEDERAL AND STATE LAWS AND REGULATIONS.

 

  1. ELIGIBILITY: Sierra Nevada’s Create Your Own Epic Outdoor Adventure Contest (“Contest”) is open to legal residents of the Fifty (50) United States and D.C. who are twenty-one (21) years of age or older at the time of entry. Employees of Sponsor, Sierra Nevada Brewing Company (“Sierra Nevada”), their respective parent companies, affiliates, divisions, subsidiaries, distributors, suppliers and advertising and promotion agencies, and all other service agencies involved with design, execution or fulfillment of this Contest, and members of the immediate families (defined for these purposes as spouses, parents, children, siblings, and their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. Contest is void outside of the 50 United States/D.C. and where prohibited by law.

 

  1. CONTEST ENTRY PERIOD: The Contest begins at 12:00:00 a.m. Eastern Time (“ET”) on May 15, 2020 and ends at 11:59:59 p.m. ET on July 15, 2020 (“Contest Entry Period”).

 

  1. HOW TO ENTER: First, you must take a photo depicting an outdoor activity/adventure you enjoy (i.e. hiking, cycling, camping, etc.) (“Photo”). Photo may be in either color or black and white. Warning: Do not consumer alcoholic beverages before or during the outdoor activity/adventure depicted. See Rule 3 below for additional Photo guidelines. Then, during the Contest Entry Period, go to www.outsideonline.com/CreateYourOwnEpicOutdoorAdventure (“Website”). Once at the Website, follow the on-screen instructions to register for the Contest, upload your Photo (“Entry”), and tag with #SierraNevadaContest. Alternatively, you may enter via Twitter or Instagram.  To enter via Instagram, upload your Entry to your Instagram account with the hashtag #SierraNevadaContest and @SierraNevada. You must follow Sierra Nevada and Outside Magazine on Instagram and have a valid, public, Instagram account. If you don’t already follow Sierra Nevada and Outside Magazine on Instagram, visit https://www.instagram.com/sierranevada  and https://www.instagram.com/outsidemagazine and click on the “Follow” icons. A free Instagram account can be created by visiting http://Instagram.com and following the on-screen instructions to register. You may include a description of your Entry but it will not factor in the judging. You must include the #SierraNevadaContest hashtag and @SierraNevada to receive an Entry. To enter via Twitter, you must have a Twitter account and follow the Twitter accounts @SierraNevada and @OutsideMagazine.  If you do not have a Twitter account, you may sign up for a free Twitter account at www.twitter.com. To follow the accounts @SierraNevada and @OutsideMagazine, sign in to your Twitter account, then go to http://www.twitter.com/SierraNevada and http://www.twitter.com/OutsideMagazine and click on “Follow.” To enter, post a public tweet with your Entry and the hashtag #SierraNevadaContest and the @SierraNevada handle to receive one (1) Entry into the Contest. You must include both the #SierraNevadaContest hashtag and @SierraNevada in your tweet. Any activity depicted in your Entry must not present a danger to you or others, in the sole opinion of the Sponsor. Entry must be your original creation (a modification of an existing work does not qualify as original) and you must be the sole copyright owner of the Entry. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Entry must comply with the Entry Requirements outlined below. Entry must also comply with any applicable submission requirements as dictated by Instagram, Twitter, and/or Website. You may submit/post as many Entries as you like, but each Entry must be substantially different. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Twitter, Inc. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Twitter or Instagram. Enter using an Instagram or Twitter account registered in your name.  Multiple entrants may not share the same Instagram or Twitter account. In the event of a dispute, the natural person associated with the Instagram or Twitter account used to enter will be deemed to be the entrant. No robotic, programmed, script, macro or other automated entries (collectively “automated entries”) are permitted. Automated entries or entries that have been tampered with will result in disqualification of all such entries. By submitting an Entry, entrant acknowledges that his/her Entry may be posted across any or all of Sponsor’s and Sierra Nevada’s digital and social media assets, at Sponsor and Sierra Nevada’s sole discretion. Personal information collected is subject to the Sponsor’s privacy policy at http://www.outsideonline.com/mariah-media-network-llc%E2%80%99s-privacy-policy.Upon request by Sponsor, the entrant and any identifiable person appearing in the Entry may be required to execute a liability/publicity release. Failure by entrant or any identifiable person appearing in the Entry to execute the liability/publicity release may result in the disqualification of the Entry. Anyone appearing in the Entry must be 21 years or age or older. Only the person who submitted the Entry may be entitled to a prize. No group entries allowed. Submission of an Entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt.

 

ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AND ANYONE APPEARING IN THE ENTRY ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR, SIERRA NEVADA, INSTAGRAM, INC., TWITTER, INC., THEIR RESPECTIVE PARENT COMPANIES, DIVISIONS, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS CONTEST, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST.  ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND THOSE THAT APPEAR IN THE ENTRY AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER.

 

Entry must conform to the following Entry Requirements to be eligible, as determined in Sponsor’s sole discretion:

 

  • Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religion, nationality, sexual orientation, professional or age group, profane or pornographic, contain nudity;
  • Entry cannot promote or depict illegal drugs, tobacco, e-cigarettes, cannabinoid or THC products, or any related paraphernalia or firearms (or the use of any of the foregoing), or any political agenda or message (in the sole opinion of the Sponsor);
  • Entry cannot be obscene or offensive, endorse any form of hate or hate group;
  • Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, Sierra Nevada, or other people, products or companies;
  • Entry may not include any intellectual property of third parties, including copyrighted material or third-party trademarks except those of Sponsor and Sierra Nevada;
  • Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sierra Nevada and/or Sponsor wish to associate;
  • Entry cannot depict, and cannot itself, be in violation of any law; and
  • Entry cannot depict dangerous or unsafe behavior for the entrant

 

Entry must be suitable for broadcast at Sponsor’s sole discretion. By submitting an Entry, entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original), entrant is the sole copyright owner of the Entry, that the Entry is true and verifiable, that the Entry has not been previously submitted to or entered in any competition or won any awards, and that his/her Entry and its contents do not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right. If the Entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render the Entry null and void. By submitting an Entry, entrant and anyone depicted in the Entry represent that they consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Entry. Winner will be disclosed in a winners list and Released Parties are not liable for any misuse of such winners list by third parties.  Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants and anyone depicted in the Entry agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of the Sponsor in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified.  Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion.  Sponsor reserves the right, in its reasonable discretion, during the Contest Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging period.

 

  1. JUDGING: On or about July 22, 2020, a panel of judges appointed by Sponsor will judge entries received based on the following criteria: (i) overall quality (50%) and (ii) composition (50%). The entrant who submitted the Entry receiving the highest score based upon the judging criteria set forth herein will be deemed the prize winner, subject to verification of his/her eligibility. In the event of a tie, the Entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries using the criteria listed above. The decisions of the judges will be final and binding on all matters relating to the Contest.

 

  1. LICENSE/USE OF ENTRIES: By submitting an Entry, entrant hereby grants to Sponsor a royalty free and fully paid up, irrevocable, worldwide perpetual license to edit, publish, use, adapt, exploit, and modify any Entry (and all elements embodied therein), including, without limitation the images, names, likenesses of any persons or locations embodied therein, in print, film, television, online including on Sponsor, Sierra Nevada, and third party websites or in any other media now known or hereafter devised, without compensation, notification or permission from entrant, anyone appearing in the Entry.
  2. PRIZE: One (1) Prize: Prize winner will receive a $3,000 gift card to HipCamp, a Sierra Nevada-branded cooler, and two (2) Sierra Nevada-branded chairs. Approximate retail value (“ARV”): $3,260. Gift card subject to the terms and conditions imposed by issuer and will not be replaced if lost.  Unclaimed or forfeited prize will not be awarded. All taxes resulting from acceptance of a prize are the sole responsibility of the winner. No substitution, transfer, or cash redemption of a prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. All prize details not specified herein shall be determined by Sponsor in its sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied, in fact or in law, by Sponsor. All prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s prize liability exceed the ARV of prize for any reason.
  3. WINNER NOTIFICATION: Potential winner will be notified by Sponsor or Sponsor’s agent by email, Instagram’s messaging system, or Twitter’s messaging system and will be required to respond to that email or message with their complete name, address, phone number, email address, and date of birth within 72 hours of such notification or prize will be forfeited and awarded to an alternate winner. Potential winner will also be required to sign and return an Affidavit of Eligibility and a Liability/Publicity release during this same time-period. If a prize notification email or message is returned as undeliverable, or prize is refused by a notified potential winner, the prize will be awarded to an alternat winner. Failure by the potential winner to return the affidavit and the liability/publicity release within the time-period stated above will result in disqualification and the prize will be awarded to an alternate winner. All Entries become property of Sponsor and will not be returned. By accepting the prize, winner grants Sponsor and Sponsor’s agents, the right to use his/her name and likeness in advertising, publicity and promotion without further compensation or permission, except where prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for changes to potential winner’s email or mailing address. Potential winner may be required to demonstrate control of the Instagram or Twitter account associated with a winning Entry. Prize will be awarded to winner within 4-6 weeks from the date it is confirmed that winner has complied with the above requirements.  If a winning Entry depicts individuals other than entrant, entrant may be required to assist Sponsor in obtaining signed publicity releases from all pictured individuals. If any prize or prize-related communication is returned as undeliverable, prize will be forfeited. Sponsor is not responsible for any change of Instagram account, Twitter account, mailing address, e-mail address, and/or telephone number of entrants.  Unclaimed or undeliverable prize may not be awarded. Failure by potential winner to respond to the email or message within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact potential winner within a reasonable time-period may result in forfeiture of potential winning status and the Entry receiving the next highest score during Judging will be deemed the potential winner.

 

  1. GENERAL TERMS & CONDITIONS: By entering the Contest, you agree to the terms of the Privacy Policy set forth herein and consent to receiving emails related to this Contest. By participating, each entrant agrees (a) to release, discharge and hold harmless Released Parties from and against any liability, claims, losses and damages arising out of or relating to their participation in this Contest or the acceptance, use, misuse or possession of a prize received in this Contest (including any personal injury, death and property damage or activity related thereto), and the Released Parties’ use of any Entry; and (b) to abide by these Official Rules and decisions of Sponsor and judges which shall be final and binding in all respects; and (c) that Sponsor and their respective designees shall have the right and permission to use (unless prohibited by applicable law) the name, voice, city, and state of residence, photographs and/or likenesses of the entrant and anyone appearing in the Entry for purposes of advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without limitation or additional compensation, notification or permission, except where prohibited by law; and, upon request, to provide consent to such use in writing. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing, uploading or downloading information in this Contest. Sponsor reserves the right, at their sole discretion, to modify or terminate the Contest or any portion thereof) should any virus, bug, technical failures, fraud, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Contest, and, in the event of termination, suspension or cancellation, at its discretion, to void the Entries at issue and/or terminate, cancel or suspend the Contest and, if terminated, at Sponsor’s discretion, to select winner based on judging criteria set forth in Rule #4 from all eligible, non-suspect Entries received prior to such termination using the judging procedure set forth above. In the event of any such termination or suspension, a notice may be posted on www.outsideonline.com. No more than the number of prizes stated herein will be awarded. In the event the Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, earthquake, explosion, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest or Website may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to disqualify such person and void suspect Entries and seek damages and other remedies (including attorneys’ fees) from him/her to the fullest extent permitted by law. Entrants are subject to all notices posted online including but not limited to privacy policies. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court for the state of New Mexico; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of New Mexico without giving effect to any choice of law or conflict of law rules (whether of New Mexico or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New Mexico.

 

  1. LIMITATIONS OF LIABILITY: Neither Sponsor nor it’s agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor it’s agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, tampering with or hacking of Website, computer, network, mechanical, electronic, printing, typographical, human or other error or problem relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the announcement of the prize, the processing or judging of Entries or in any Contest-related materials.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest or Website or may be acting in violation of the terms of the Website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person.  Any attempt to deliberately damage any Website or undermine the legitimate operation of this Contest may be unlawful and subject to legal action by Sponsor or its agents.

 

  1. WINNER’S NAME: For the name of the prize winner (available after August 15, 2020, send a self-addressed, stamped, business size (#10) envelop by October 15, 2020 to #SierraNevadaContest Winner, 400 Market St., Santa Fe, New Mexico 87501. Winner’s name will be sent after winner has been verified

 

  1. 11. SPONSOR/ADMINISTRATOR: Mariah Media Network LLC, 400 Market St., Santa Fe, New Mexico 87501.