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.
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 email@example.com.
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.
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.
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.
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.
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.
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 Effective Date: April 28, 2020
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:
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:
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 firstname.lastname@example.org. 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.
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.
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 email@example.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.
10. USER RIGHTS AND CHOICES.
If you would like to access or modify the Personal Information we maintain about you, please contact us at firstname.lastname@example.org.
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 email@example.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”).
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:
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 firstname.lastname@example.org or write or call us at the following address:
Privacy Notice Compliance
Sierra Nevada Brewing Co.
1075 E. 20th Street
Chico, CA USA 95928
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.
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 email@example.com. Limit: 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 firstname.lastname@example.org.
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 email@example.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
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.
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 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.