Last Updated: Feb 9, 2023

Untappd Giveaway Terms and Conditions

THIS PROMOTION IS NOT OPEN TO THE GENERAL PUBLIC. TO ENTER OR BE SELECTED, YOU MUST BE AN ELIGIBLE ENTRANT (AS DEFINED BELOW). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Agreement to Terms and Conditions. Participation in this promotion (the “Promotion”) constitutes Eligible Entrant's full and unconditional agreement to and acceptance of the Terms and Conditions set forth herein (the “Terms and Conditions”). The Promotion is sponsored by Untappd, LLC, 1213 w. Morehead st. Charlotte, NC 28208 (collectively, “Untappd”, or “we”, “us”, or “our”, as applicable). Winning a prize is contingent upon fulfilling all requirements set forth herein and the decisions of Untappd, which are final and binding in all aspects of this Promotion, including but not limited to Untappd’s determination of the winners. This Promotion is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Instagram. Instagram has no liability or responsibility for any claim arising in connection with this Promotion or any prize(s) awarded in connection therewith. Any questions, comments, or complaints regarding the Promotion must be directed to Untappd, and not to Instagram. You are providing your information to Untappd, and not to Instagram.

Eligibility. This Promotion is open only to individuals who are legal residents of, and physically located within, the fifty (50) United States (including D.C.), and who are the age of majority or older at the time of entry (each, an “Eligible Entrant”), excluding employees of Untappd, its affiliates, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses), and those living in the same household as each. The Promotion is subject to all applicable federal, state, provincial, and local laws and regulations. This Promotion is void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require any registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these Terms and Conditions.

Promotion Period. The Promotion period will run from for the period set forth in the Instagram post associated such Promotion (the “Promotion Period”). Untappd’s computer shall be the official time-keeping device for the Promotion.

To Enter: To enter the Promotion, during the Promotion Period, an Eligible Entrant must submit an entry as follows:

Instagram Comment Submission. To register to enter the Promotion, during the Promotion Period an Eligible Entrant must (i) access the Untappd brand page on the Instagram application on Eligible Entrant’s compatible device; (ii) like the Promotion post on the Instagram page about the Promotion; (iii) follow such Instagram page; and (iv) tag one of Eligible Entrant’s (1) Instagram followers in the comments to the Instagram page about the Promotion. There is a limit of one (1) entry per person/Instagram account in this Promotion. The use of an agency or any automated system to enter is strictly prohibited and Untappd reserves the right to disqualify any entries received through such methods, as determined by Untappd, in its sole discretion.

To enter the Promotion in this method, you must be an active holder of a non-private Instagram account (holders of private account settings may not enter in this method). If you do not have the Instagram application, you may download it through the application store on your device. The Instagram application is free, and Instagram’s Terms of Use apply. For details, visit https://www.instagram.com/about/legal/terms/before-january-19-2013/. 

Drawing; Odds of Winning. After the Promotion Period, Untappd will select winners in a random drawing of all eligible entries received during the Promotion Period. The odds of being selected depend on the number of entries received.

Additional Terms. If you enter the Promotion using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. By entering the Promotion, each Eligible Entrant represents, warrants, and covenants that they have the right and power to enter the Promotion and perform all of its obligations. Entrants acknowledge that any breach or violation of these Terms and Conditions or the Instagram Terms of Use shall immediately disqualify the Eligible Entrant during the Promotion. 

Notification and Requirements of Potential Winners. The potential winner(s) will be notified via Instagram private messenger within two (2) days following selection. Untappd shall have no liability for any winner’s failure to receive notices due to Instagram privacy settings or other security settings, or for the potential winner’s failure to respond within the required time frame. The potential winner must sign (and winning is contingent upon the winner signing) an Affidavit of Eligibility, assignment and other documentation relating to the Prize (as defined below) that will be sent via email (“Winner Agreements”). The Winner Agreements must be returned to Untappd within 48 hours in order for the winner to be officially recognized. If the winner is unable to accept the Prize, or if the winner does not return the signed Winner Agreements within 48 hours after Untappd’s emailing of the same, Untappd may automatically disqualify the winner and may select another winner in accordance with this Section. Among other things, the winner must agree to grant Untappd permission to use his/her/their name, photograph and likeness for advertising and Promotion of this and similar Promotions and/or the Untappd’s products or services without additional compensation, unless prohibited by law; and the winner must sign any applicable forms required by tax authorities. A Prize will only be awarded to the winner if they comply with all of these Terms and Conditions and the terms and conditions of the Winner Agreements. Entrants may request a list of winners by mailing a request to Untappd, Attn: Grace Weitz, 21 S. Front St, Wilmington, NC 28401. Requests for list of winners must be received within six (6) months following the end of the Promotion Period. Prizes will be fulfilled approximately one (1) week after the conclusion of the drawing, and Prizes will be fulfilled by Untappd.

Untappd may automatically disqualify the winner and may select another winner in accordance with this Section. A Prize will only be awarded to the winner if they comply with all of these Terms and Conditions and the terms and conditions of the Winner Agreements. 

Prize(s). The winner(s) will receive the prize set forth in the Instagram post associated such Promotion (“Prize”). The Prize is provided as-is with no guarantee. All warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose, are hereby disclaimed by Untappd. All Prize details are at Untappd’s sole discretion. The Prize is non-transferable and non-assignable, and will be provided only to the winner, with no substitutions except at Untappd’s sole discretion. The winner is fully responsible for any and all applicable federal, state, and local taxes associated with Prize use or acceptance. All costs and expenses associated with Prize acceptance and use not specified herein are the sole responsibility of the applicable winner. No interest will be paid on any Prize. Other restrictions may apply.

Privacy. By participating in the Promotion, Eligible Entrant authorizes Untappd to collect, use, process, transfer, and store all data provided by Eligible Entrant, including without limitation, personal data, to the United States, or any location(s) throughout the world that Untappd deems necessary, whether within Eligible Entrant's country of residence or elsewhere, and with such party(ies) as Untappd deems appropriate, for purposes of administration of the Promotion. All information submitted to Untappd as part of this Promotion will be treated in accordance with Untappd’s privacy policy, available at https://untappd.com/privacy. Untappd will only use Eligible Entrant’s personal information to: (a) provide information about the Promotion; (b) contact and publicize the individual selected; and/or (c) if an Eligible Entrant selects to receive additional information from Untappd, to send additional information to that Eligible Entrant during or after the Promotion Period. Eligible Entrants to the Promotion may be given the option to receive commercial e-mails from Untappd; however, eligibility to participate in the Promotion is not dependent upon Eligible Entrant’s consent to receive such e-mails. Eligible Entrants must fully complete and submit all non-optional data Untappd requests to be eligible.

Publicity. Except where prohibited by law, participation in the Promotion constitutes an entrant’s consent to Untappd’s use of their name, likeness, voice, opinions, biographical information for promotional purposes in any media without further payment or consideration.

Release, Indemnification and Limitation of Liability: By participating in the Promotion, Eligible Entrant agrees to release and hold harmless Instagram, Untappd, and Untappd’s subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Promotion agencies, and all directors, officers and employees of any of the foregoing entities (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Promotion or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Eligible Entrant  participation in the Promotion or acceptance, receipt, use, or misuse of any prize; or travel to any Promotion-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. In the event that Eligible Entrant breaches any of these Terms and Conditions, Released Parties shall be entitled to and may seek indemnification from Eligible Entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach. Eligible Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Promotion or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Untappd is not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

General Conditions: If any provision of these Terms and Conditions are held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. Untappd reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Terms and Conditions. If Untappd determines, in its sole discretion, that the Promotion is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper operation of the Promotion, then, at its sole discretion, Untappd can either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions, or (b) award the Prize from among the non-suspect, eligible entries received up to the time of the impairment. In the event of any non-compliance with any requirement stated herein, the winner's Prize may be forfeited and awarded to an alternate winner. Unless otherwise prohibited by law, as a condition to participating in the Promotion or receiving any Prize awarded by this Promotion, Eligible Entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and will be determined by final and binding individual dispute resolution under the applicable arbitration rules of JAMS; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will Eligible Entrant be entitled to received attorneys' fees or other legal costs; and (3) under no circumstances will Eligible Entrant be permitted to obtain awards for, and Eligible Entrant hereby waives all rights to claim, 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 Terms and Conditions, or the rights and obligations of Eligible Entrant and Untappd in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Delaware. These Terms and Conditions (together with the Terms Of Use included on the Untappd Platform and Winner Agreements) set forth the entire agreement, and supersede any and all prior agreements of the parties with respect to the subject matter hereof. 

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