ROGUE ALE & SPIRT’S 2022 PAINT THE CAN DEAD CONTEST

OFFICIAL RULES

OPEN ONLY TO RESIDENTS OF ALL 50 STATES + DC WHO ARE 21 AND OLDER. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.

1. CONTEST PERIOD.  The Rogue 2022 Paint The Can Dead Contest (this “Contest”) begins Thursday, September 1, 2022 at 12:00:01 AM Pacific Time (“PT”) and ends on October 31, 2022. 11:59:59 PM PT (the “Contest Period”). Sponsor’s computer is the official time-keeping device for this Contest. For a copy of these Official Rules, please visit deadguycontest.com.  

1. ELIGIBILITY. This Contest is only open to (a) residents of the U.S, including DC, who are at least 21 at the time of entry and (b) who are not employed by or have an interest in a retailer of alcoholic beverages (including a restaurant, bar, grocery or liquor store).   Employees of Sponsor, members of their families (parents, siblings, children, and their respective spouses) and/or those residing in the same household as such employees (whether related or not) are not eligible to participate in this Contest.  This Contest is subject to all applicable laws and void in U.S. territories and possessions, and where prohibited or restricted by law. Participation constitutes each entrant’s full and unconditional agreement to these Official Rules and the judges’ decisions, which are final and binding in all matters related to the Contest. 

HOW TO ENTER.  There are two (2) methods of entry.  During the applicable entry period: 

Create an entry (“Entry”) by:

1. Using a white can as a canvas to create Dead Guy Can art

OR

1. Decorate a Dead Guy Can Art activity sheet, available at deadguycontest.com: 

Submit the Entry by:

1. Posting a photo of Entry on Instagram using the hashtag #paintthecandead2022 and tagging @rogueales.  For this method of Entry, an Instagram account is required. Creating an account on this platforms is free and may be done by downloading their applicable free mobile app from the Apple® App Store or Google® Play or at www.instagram.com.

OR

1. Upload photo of Entry to www.deadguycontest.com. 

 Internet access or mobile data charges may accrue depending on device used to enter and according to the internet/mobile carrier’s terms. Seek out a free public wi-fi hotspot to avoid any such charges. 

Each Entry must conform to the content guidelines below. Entries must also conform to the rules and use restrictions of the social media platform chosen to enter, over which sponsor has no control. Sponsor reserves the right to disqualify non-conforming entries. Submitting multiple entries does not improve ability to win.

Content Restrictions: 

• Do not show anyone other than yourself in an Entry without the other subjects’ permission;  
• Do not show persons under 21 in the Entry;
• Do not show specific alcohol brands; 
• Do not submit blurry or out of focus content;
• The Entry must not, as determined by Sponsor in its sole discretion:
• Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; 
• Reference any celebrity or other public figure or contain brand names, logos, trademarks or trade dress (such as distinctive packaging or phraseology) other than the Rogue Ale & Spirits brand owned by Sponsor, which each entrant has a limited license to use to incorporate in his/her Entries in this Contest;
• Disparage or misrepresent Sponsor, its products, or any other person, brand or company or their products or services;
• Contain images or artwork not created by entrant;
• Contain nudity or violence, or material that is sexually explicit or suggestive, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or promotes the consumption or use of alcohol, illegal drugs, tobacco, firearms, or weapons, or any activities that are or may be unsafe or dangerous;
• Contain any personal identification, such as name, physical address, email address, or phone number;
• Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, career or age; or
• Contain material that is unlawful, in violation of or contrary to applicable federal, state or local laws or regulations, or is otherwise objectionable, in Sponsor’s opinion.
• Any illustration of a person which is immodest, undignified or in bad taste.
• Any illustration depicting the use of alcohol in a scene which is undignified, immodest or in bad taste.

ENTRIES SUBMITTED TO THE CONTEST ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SUBMITTER AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. 

Your Representations: By entering an Entry in this Contest, each entrant warrants and represents that: (i) the Entry you submit is your original work, has not been previously published, has not previously won awards, and does not infringe upon the copyrights or intellectual property or privacy or publicity rights or other rights of any person or entity; (ii) Entrant is not under a contractual, employment or other obligation to provide the Entry to any other person or entity as part of an exclusive obligation, first right of refusal, or other similar restriction; (iii) and Entrant has obtained permission from any person whose likeness is used in the Entry. You acknowledge that by accepting your Entry into the Contest, Sponsor does not waive any rights to use similar or related ideas as depicted in the Entry and previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

License to Use Entries: By entering any Entries in this Contest, you grant Sponsor and its designees a nonexclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, sublicenseable license to use, reproduce, display, distribute, modify or adapt the Entries submitted by each entrant (including, without limitation, the names and likenesses of any persons or locations embodied therein) and any derivative works in any form for any purpose, in all media, including packaging and merchandise, and for any purpose, including promotional purposes, whether now known or hereafter devised, as Sponsor may choose, without compensation or notice to, or 

review or approval by, the entrant. 

Publicity: By entering the Contest, entrant grant Sponsor and its designees the perpetual worldwide right to use and/or publish entrant’s name, biographical information, photos and/or other likeness, entry and any statements, in whole or in part, for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, without additional compensation or notice to entrant, or review or approval by entrant, except where prohibited by law. 

Disqualification: Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, does not comply with any of the requirements of these Official Rules, or to disqualify entrants who do not abide by or agree to the terms of these Official Rules. Sponsor, in its sole discretion, may (or may not) retain Entries on Sponsor’s social media and other websites and/or feature Entries in advertising and promotional campaigns.   

Other Limits: In the event of a dispute for Entries submitted via Instagram, the authorized account holder of the account used to enter will be deemed to be the Entrant.  The “authorized account holder” is the natural person assigned an account by the social media platform or organization responsible for assigning accounts. Each potential winner may be required to show proof of being the authorized account holder, as the case may be. All Entries become the exclusive property of the Sponsor and will not be returned and may not be acknowledged.

1. JUDGING & JUDGING CRITERIA:  Throughout the contest period, twenty-five (25) prizes will be awarded.  Each prize will be selected from amongst all entries received through the contest period up to the end of that prize period.

Prize period 1: begins at 9/1/22 at 00:00:01 AM PST and ends 9/9/22 at 12:00:00 PST

Prize Period 2: begins at 9/10/22 at 00:00:01 AM PST and ends 9/16/22 at 12:00:00 PST

Prize Period 3: begins at 9/17/22 at 00:00:01 AM PST and ends 9/23/22 at 12:00:00 PST

Prize Period 4: begins at 9/24/22 at 00:00:01 AM PST and ends 9/30/22 at 12:00:00 PST

Prize Period 5: begins at 10/1/22 at 00:00:01 AM PST and ends 10/7/22 at 12:00:00 PST

Prize Period 6: begins at 10/8/22 at 00:00:01 AM PST and ends 10/14/22 at 12:00:00 PST

Prize Period 7: begins at 10/15/22 at 00:00:01 AM PST and ends 10/21/22 at 12:00:00 PST

Prize Period 8: begins at 10/22/22 at 00:00:01 AM PST and ends at 10/31/22 at 12:00:00 PST

Following the end of the prize period, a panel of qualified judges appointed by Sponsor will select up three (3) potential prize winners whose entry scores highest from among all eligible entries received during the Promotion Period based on the following criteria: (i) adherence to theme (“Paint the can Dead”) (50%) (ii.) Adherence to Official Rules (10%), (iii.) originality (20%), and (iv.) creativity (20%). In the event of a tie between two entries, the tie breaker will be the entry with the highest score for adherence to theme.   

At the end of Prize Period 8, and within 3 days business days of winner notification for that prize period, a panel of qualified judges appointed by Sponsor will select up one (1) potential Grand Prize winner whose entry scores highest from among all eligible entries that had previously been selected as winners during Prize Period 1 to 8. Evaluation will be determine based on the following criteria: (i) adherence to theme (“Paint the can Dead”) (50%) (ii.) Adherence to Official Rules (10%), (iii.) originality (20%), and (iv.) creativity (20%). In the event of a tie between two entries, the tie breaker will be the entry with the highest score for adherence to theme.   

1. WINNER NOTIFICATION: Sponsor will communicate with potential winners regarding the Contest via private message on the applicable social media platform used to enter, mail, email, or phone, in their discretion. If submitting via Instagram, your account on the social media platform must be set up to receive private messages to allow Sponsor to contact you in connection with this Contest, which may require following Rogue Ales & Spirits on the applicable social media platform. By entering, entrants give their express permission to be contacted by or on behalf of Sponsor for purposes of this Contest. Potential winners may be required to sign and return, within three (3) business days of the date of receipt, an Affidavit of Eligibility, Release and Copyright License (an “Affidavit”) and may be required to provide an IRS Form W-9 (Request for Tax Payer Identification) in order to claim his/her prize. If: (a) any prize notification is returned as undeliverable, (b) potential winner does not respond to notification by email or phone within three (3) business days of the date of first notification, (c) potential winner does not comply with these Official Rules (including, but not limited to, eligibility requirements), or (d) potential winner’s Affidavit and Form W-9 (if required) are returned as undeliverable or are not received when required, the prize will be forfeited and Sponsor may select an alternate winner from among all remaining eligible entries. Sponsor reserves the right to verify potential winners’ eligibility and compliance with these Official Rules as Sponsor determines. Receiving a prize is contingent upon compliance with these Official Rules.

1. PRIZES: Sponsor will award up to three (3) prize packages during each of the eight (8) Prize Periods for a total of twenty-four (24) prize packages assuming an adequate number of eligible entries is received.  Each prize package is comprised of one (1) hat, one (1) pair of socks, one (1) pint glass, and two (2) stickers.  Prize Package ARV $61.   One Grand Prize (1) will be awarded following the end of the Contest Period, assuming an adequate number of eligible Entries is received. The Grand prize is $5,000. 

Winner is solely responsible for all federal, state and local taxes, as well as any expenses, and any other costs or expenses incurred in claiming or using the prize, and not expressly included in the prize description in these Official Rules. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. No transfer, refund, substitution or replacement of prize permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Limit two (2) prizes per person.

1. LIABILITY RELEASE: In consideration of receiving any prize, each winner agrees to release and hold harmless Sponsor and Instagram, and each of their respective affiliates, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any (A) liability, for loss, harm, damage, injury, cost or expense whatsoever with respect to or in any way arising from the Contest, including breach of entrant representations and warranties in these Official Rules, and/or of prizes, including, without limitation, property damage, liability for personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any prize-related activities, and (B) for any claims or causes of action based on publicity rights, defamation or invasion of privacy and prize delivery.

1. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged, misdirected, incorrect, garbled, incomplete or stolen mail, entries or prize notifications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize.  Entrant further agrees that, in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in this Contest and, in no event, shall the Release Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. No more than the stated number of prizes will be awarded.   

1. GENERAL CONDITIONS: In no event shall Sponsor be required to award more than the number of prizes stated in these Official Rules. Unclaimed prizes may not be awarded. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  In such event, Sponsor, in its sole discretion, may award fewer than the stated number of prizes. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest  or any website associated with the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

1. PRIVACY. Any personal information collected by or on behalf of Sponsor from an entrant’s participation in the Contest is subject to use in accordance with Sponsor’s privacy policy available at rogue.com/privacy-notice.  

1. GOVERNING LAW; FORUM. 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 this Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Oregon.  If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of the Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  Except where prohibited, entrants agree that: (a) 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 a federal or state court located in New York County, New York; (b) 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 (c) 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.

1. SPONSOR.   The “Sponsor” and administrator of this Contest is Oregon Brewing Company d/b/a/ Rogue Ale & Spirits 2320 OSU Dr., Newport, OR 97365 (“Sponsor”) 

1. WINNER LIST.  Sponsor may announce winners on its website and social media pages. To request a winner list, on or after November 15, 2022. 11:59:59 PM ET, send a self-addressed, stamped envelope on or before January 15, 2023 to Oregon Brewing Company d/b/a Rogue Ale & Spirits, 2320 OSU Dr., Newport, OR 97365 Attn: Winner List – 2022 Paint the Can Dead.