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PINTLEY POINTS PROGRAM TERMS AND CONDITIONS
Updated December 29, 2010
1. PROGRAM OVERVIEW. The Pintley Points Program (the "Program") is offered by The Pintley Company LLC ("Pintley") to registered users of the Pintley services. The Program offers participants the opportunity to earn points ("Points") for participating in Pintley activities as described below. The Program will operate during each calendar month in 2011 (each such month a "Program Period") beginning on January 1, 2011 and ending on December 31, 2011. By participating in the Program, each participant agrees to be bound by these Terms and Conditions.
2. ELIGIBILITY. The Program is open only to individual legal residents of the United States who are age 21 years or older as of the time of participation and are registered users of the Pintley services, except employees (and their immediate families and members of the same household) of Pintley and its affiliates. Pintley reserves the right to disqualify any individual whose participation in the Program is determined by Pintley to violate applicable laws, rules or regulations, constitute fraud or fail to comply with these Terms and Conditions.
3. ACTIVITIES & POINTS. Participants earn Points by completing the activities ("Activities") described on the schedule for the applicable Program Period (" Activity Schedule") available at http://www.pintley.com/points/. For each Program Period, the Activity Schedule will set forth: (i) the Activities available, (ii) the Points earned for each Activity and (iii) specific timing (if any) for completing Activities during the Program Period. In addition, special opportunities to earn Points will be listed from time to time from certain brewers, brands and other partners of Pintley (collectively, "Pintley Partners") on each user's Points Opportunities Page available at http://www.pintley.com/points/opportunities/. A participant's access to and ability to earn Points offered by Pintley Partners may vary according to the beers and breweries for which such participant has submitted reviews and/or tasting notes, as determined by Pintley in its sole discretion.
Participant(s) will be eligible for Prizes, as defined and described in Section 4 below, based on the total number of Points earned during each Program Period. Points are tracked and recorded regularly in each Participant's Pintley Profile, as well as on the Pintley Points Leader Board available at http://www.pintley.com/points/leaderboard/. In the event of any conflict about the number of Points earned by a Participant, the number of Points shown in each participant's Profile will govern. Points do not have any monetary value and are not redeemable, exchangeable or transferable except as specifically described in these Terms and Conditions. No transfer of Points among Program participants is permitted. Points earned during one Program Period cannot be applied to a subsequent Program Period. Pintley's determination of the number of Points earned by a Program participant is final and binding in all respects.
The participant(s) with the most Points at the end of a Program Period will be eligible for Prize(s). Odds of winning a Prize depend on the number of Points accumulated by all eligible participants. In the event of a tie among eligible participants, the winner will be determined by representatives of Pintley based on the creativity, originality and overall quality of such participants' tasting notes and reviews as submitted to Pintley.com prior to the end of the applicable Program Period. The tie-breaking decisions made by Pintley's representatives are final and binding.
Content, such as tasting notes and reviews, submitted in connection with the Program (i) may not have been previously published or won any other prize/award, (ii) must be the exclusive original work of the participant, true and verifiable, (iii) must be in keeping with Pintley's image, (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by Pintley in its sole discretion, (v) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Pintley in its sole discretion, (vi) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation, (vii) may not defame, invade or infringe upon the publicity rights or privacy of any person, living or deceased and (vii) may not include any virus, worm, bug, corrupt file, Trojan horse or other form of corruptive code or content that may harm or compromise the website and/or the proper conduct of the Program. Each participant represents that: (a) he/she has the unrestricted right to submit the content; (b) all persons whose name, voice or likeness appears in the content have unconditionally consented in writing to their appearance in the content and unconditionally granted to the participant in writing the right to submit the content subject to these Terms and Conditions (a copy of which consent and grant will be furnished to Pintley upon request); and (c) the content does not infringe upon any third party's proprietary or other right. By participating, each participant grants to Pintley and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, fully paid-up, royalty-free, perpetual, irrevocable right to use, not use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import his/her content submitted in connection with the Program in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without further approval by or payment to the participant. Use of any automated software, devices, scripts, or processes to accrue points or otherwise influence the points program is strictly prohibited.
Message and data rates may apply to any participant who participates in the Program via a mobile device. Each participant is solely responsible for all data and message charges incurred from his/her mobile service provider. All such charges are billed by and payable to the mobile service provider.
4. PRIZES.
Prizes for each Program Period will be listed at http://www.pintley.com/points/prizes/ at least 24 hours prior to the start of the applicable Program Period.
All Prize awards are subject to verification by Pintley whose decisions are final on all matters related to this Program . Please allow 6 - 8 weeks for delivery of Prizes. Prizes are available while supplies last. Pintley reserves the right to substitute items of equal or greater value should any Prize become unavailable for any reason and no advance notice of such substitution will be provided. Participants are responsible for all fees, expenses and income and other taxes assessed in connection with receipt of Prizes or any other benefit under the Program.
5. MISCELLANEOUS .
Program participation is subject to Pintley's User Agreement, Terms of Service and Privacy Policy available at http://www.pintley.com/about/useragreement/, http://www.pintley.com/about/tos/, and http://www.pintley.com/about/privacy/ respectively (collectively, the "Pintley Documents"), incorporated herein by reference. In the event of any conflict between these Terms & Conditions and the Pintley Documents, the Pintley Documents shall govern.
Pintley and its affiliated entities and their respective officers, directors, employees and agents assume no liability, responsibility or obligation to provide the Program. Pintley reserves the right, in its sole discretion, to modify, cancel, terminate or suspend the Program at any time. In the event of termination of the Program, a notice will be posted on pintley.com and Pintley will have no further liability based on its exercise of such right. Pintley reserves the right, at its sole discretion, to disqualify any participant from this Program or any other promotion conducted now or in the future by Pintley or any of its affiliates if his/ her fraud or misconduct affects the security, integrity and/or fair operation of the Program.
Pintley and its representatives are not responsible for late, lost, stolen, damaged, incomplete, misaddressed, postage due or misdirected communications, for errors, omissions, interruptions, deletions, defects or delays in operations, calculation of Points or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices or transmission lines or for data corruption, theft, destruction, unauthorized access to or alteration of Points and Program materials, loss or otherwise. Further, Pintley is not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in Participant's personal e-mail account to receive electronic messages. The use of automated software or computer programs to participate in the Program is prohibited and any individual who uses, attempts to use or who Pintley suspects of using such methods to participate will be disqualified. Pintley disclaims any liability for any error in calculating/awarding Points, damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Program, and reserves the right, at its sole discretion, to cancel, terminate or suspend this Program at any time.
ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PINTLEY RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
By participating in this Program, participants agree to release and hold harmless Pintley and its affiliates, officers, directors, employees and agents from and against any and all liability, loss or damages arising out of or in connection with participant's participation in the Program and/or receipt of any Prize. All issues relating to the construction and/or interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to the conflict of law rules that would cause the application of the laws of any other jurisdiction other than the State of Delaware. The Program is void outside the United States and where prohibited, restricted or taxed.
Questions about the Program?
Contact us via our "Contact Us" link at http://www.pintley.com/contact/.