2nd Shot to Crush the Perfect Toast

OFFICIAL RULES

DOGFISH HEAD® 2ND SHOT TO CRUSH THE PERFECT TOAST CONTEST

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or any other social network or platform. You understand that you are providing your information to Contest Entities, and not to Instagram or other social network or platform.

Each text message sent or received may incur a charge as provided in your rate plan, standard text and/or data rates apply.

ELIGIBILITY: Dogfish Head® 2nd Shot to Crush the Perfect Toast Contest (the “Contest”) is open to legal residents of the United States who are at least twenty-one (21) years of age at the time of entry. Employees (and their immediate families) of Dogfish Head Distilling Co. (the “Sponsor”) and any of their parents, subsidiaries, affiliates, suppliers, independent contractors, agencies, alcoholic beverage wholesalers and retailers, and any persons living in the same household as such employees are not eligible to participate in the Contest (cumulatively, the “Contest Entities”). Contest is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law. The Contest begins on 7/17/2023 at 12:00 am Eastern Daylight Time (“EDT”) and ends on 7/30/2023 at 11:59pm EDT (the “Contest Period”). Prize winner will be selected on or around 7/31/2023 based on the judging criteria listed below and from all eligible entries received during the Contest Period.

HOW TO ENTER: There is one (1) way to enter:

1) Instagram: During the Contest Period: post a photo or video of your botched toast using Instagram in-feed or stories and tag @DogfishHead with the hashtag #WeddingToastFail
2) By Phone: During the Contest Period: call into +1(302)212-6653 and leave a voicemail recording of your verbal submission.

*Entrants must be able to prove that submission/post was an original video or photo of their personal toast to be considered an eligible entry.

Any posts that violates any of the below guidelines will not be eligible as an entry.

The following guidelines must be followed when submitting an entry:

Not depict the act of drinking
Not portray, encourage, or condone drunk driving
Not depict situations where Dogfish Head is being consumed excessively, in an irresponsible way, or in any way illegally.
Not portray persons in a state of intoxication or in any way suggest that intoxication is acceptable conduct.
Not portray or imply illegal activity of any kind.
Not portray sexual passion, promiscuity, or any other amorous activity.
Not employ any symbol, gesture, or cartoon character that is intended to appeal primarily to persons below the legal purchase age.
Not employ any entertainment figure or group that is intended to appeal primarily to persons below the legal purchase age.
Not depict Santa Claus.
Not associate or portray Dogfish Head drinking before or during activities which require a high degree of alertness or coordination.
Not contain any lewd or indecent language or images.
Not employ religion or religious themes.
Not disparage competing alcoholic beverages.
Depict retail outlets as well kept and respectable establishments.
Not show littering or otherwise improper disposal of Dogfish Head containers, unless the scenes are used clearly to promote anti-littering and/or recycling.
Not show any trademarks or copyrights other than Dogfish Head trademarks or copyrights.

Limited one (1) entry per person, regardless of method of entry. Duplicate entries for a single individual will be disqualified. All entries become the property of the Sponsor.

BY SUBMITTING A POST, YOU HEREBY AGREE:

That you own all copyright in and to the post submitted and agree to assign all your rights to Sponsor and its subsidiaries, affiliates, and its agents.

That you have obtained authorization from any and all individual(s) featured in your submission and confirm those individual(s) agree to allow you to submit a post bearing their name, image and likeness in connection with your submission of the post on the Sponsor’s website and/or social media accounts and understand that such post could be shared on social media platforms outside of Sponsor's control.

That you will indemnify, defend and hold Sponsor harmless from any and all damages, liabilities, fees and costs incurred in defending against any third party claims or threat of claims asserted against Sponsor arising from use of the post.

If a Contest 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 Contest Entry, any and all releases and consents necessary to permit the use and exhibition of the Contest Entry by the Contest Entities in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Contest Entry. 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 Contest Entry null and void. By submitting a Contest Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Contest Entry consent to the submission and use of the Contest Entry in the Promotion and to its use as otherwise set forth herein.

By submitting a Contest Entry, entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Promotion and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Promotion and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Contest Entry, or that any compensation is due to entrant in connection with such Contest Entry or other works used by Sponsor.

CRITERIA: Entrants will be judged by members of the Dogfish Head team. All entries will be judged equally based on criteria that provides for the way the entrant flubbed a speech or a toast. This criteria includes, but is not limited to: humor, embarrassment, Delivery of story, creativity, quality of submission, adherence to provided guidelines.

PRIZE: One Grand Prize Winner will be selected on or about 7/31/2023 from all eligible entries received during the Contest Period. One (1) Grand Prize – Grand Prize Winner will receive one-on-one coaching from Abbi Jacobson who will help the Winner re-write and deliver the perfect toast. Coaching will be conducted through a 15-minute Zoom meeting to be scheduled within two (2) weeks after Winner selection. Winner will also receive a $1,000 gift card with an Approximate Retail Value (“ARV”) - $1,000. The difference between any stated value and actual value will not be awarded to winner. Prize does not include alcoholic beverages. The selection of winners and awarding of the prize will be conducted by an independent administrator whose decisions are final and binding in all matters pertaining to this Contest. No prize substitution will be allowed, except that Sponsor reserves the right to substitute a prize of comparable value if the prize listed is unavailable for any reason. Unclaimed or forfeited prizes will not be awarded. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winner. Grand Prize Winner will receive an IRS Form 1099 for the approximate retail value of the prize, inclusive of cash prizes. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.

WINNER NOTIFICATION: Potential prize winner will be notified by via Instagram direct message, email, text message, U.S. mail, telephone, or private delivery service (at Sponsor’s sole discretion) and will be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability (where permitted by law) within three (3) days of notification. Winner’s age is subject to independent age verification, and if failed, will result in prize forfeiture. Winner must respond to notification within 48 hours to claim prize. If received after this date, prize claim is void. If you don’t already have a Cash App Account, visit www.cash.app or visit your App Store and download the Cash App. It is free to download the Cash App and otherwise create a Cash App account. By submitting your information and creating a Cash App account, you will be required to agree to the Cash App terms of service and privacy notice. If you do not agree to the Cash App terms of service and privacy notice, you cannot create a Cash App Account. In the event of noncompliance, if the prize winner cannot be reached at the phone number, email address or address on that winner’s entry, or if the prize or prize notification is returned unclaimed or undeliverable for whatever reason beyond the control of Sponsor, that prize will be forfeited, and an alternate winner may be selected only if time permits and in Sponsor’s sole discretion.

GENERAL LIABILITY RELEASE: Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, image, likeness, voice, picture, audio and video recordings of, biographical information, statements, and any material based thereon or derived there from, together with any actual or fictional material, or to refrain from so doing, and address (city and state), without the ability to review, for advertising, promoting and/or publicity purposes worldwide and in any and all forms of media now known or hereafter developed, in perpetuity, without further compensation, where permitted by law. Entrants agree that the Contest Entities: (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Contest Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, or lost prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

GENERAL TERMS: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

FORCE MAJEURE: Sponsor reserves the right to modify, extend, suspend, or terminate the Contest, in whole or in part, if it determines, in its sole discretion, that the Contest or any particular Contest drawing is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest or particular Contest drawing as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Contest or a particular Contest drawing as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failures, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court of jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest in its entirety or the affected portion of the Contest.

DISPUTES, ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees to the following: (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Boston, MA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the right and obligation of entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Massachusetts, USA, without regard to Massachusetts choice of law provisions.

PERSONALLY IDENTIFYING INFORMATION: Information submitted to Sponsor by any entrant is subject to Sponsor’s Privacy Policy located at www.dogfish.com. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personally identifying information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.