RETURN POLICY
All sales are final. No cancellations or refunds are available after purchase. Offer may not be transferred or combined with other offers.
TERMS OF SERVICE
This is a one-night-only event. A valid barcode must be presented upon arrival, along with valid photo ID. Offer is valid for guests ages 21 and older only. Valid photo ID is required. No substitutions are allowed. No cancellations or refunds are available after purchase. Tickets cannot be combined. Offer cannot be combined with other offers. Tax is included in final price. Gratuity is not included. Please tip on the full value of any services not covered by this ticket.
917-881-2417| info@bowerycollective.com | arteagave.com
PRIVACY POLICY
We value your privacy. Your information will not be used for any other purposes beyond this event and will not be shared with any other parties.
SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Bowery Collective/Arte Agave Event Sweepstakes (the “Sweepstakes”) is open only to legal residents of New York who are at least twenty-one (21) years old at the time of entry. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees or agents of Bowery Collective/Arte Agave (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) persons affiliated with the alcoholic beverage industry including, but not limited to, suppliers, distributors or retailers of alcohol beverage products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) agents, employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. Timing: The Sweepstakes begins on June 7th at 2:00 PM Eastern Time (“ET”) and ends on June 11th 2017 at 5:00 P.M. ET (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.
4. HOW TO ENTER:
• VIA INSTAGRAM: Must begin following @bowerycollective. Provide a comment to a Photo Post including the hashtags #viva32 and #arteagave (collectively, an “Instagram Entry” or “Entry”), to receive one (1) Entry into the current Grand Prize Drawing only. Instagram Entries must be received within the Instagram Entry Period indicated in the chart below in section 4, to be eligible for that Grand Prize Drawing only. Limit one Instagram Entry per person per Photo Post. You must follow @viva_32 on Instagram and include the hashtags #viva32 and #arteagave in your comment. You must have a non-private Instagram account to enter and have your account privacy setting set to “Off”. An Instagram account can be opened for free by downloading the Instagram application from the Apple store or Google Play. Entries will not be judged but must adhere to the Instagram Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion.
INSTAGRAM ENTRY GUIDELINES:
• Entry must comply with Instagram Terms of Use (http://instagram.com/about/legal/terms/).
• Entry comments must in English.
• Entry must not (and entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
• Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable.
• Entry must not include any commercial solicitation or promotional materials, websites, contact info or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.).
• Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified.
• Entry must not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, Sweepstakes Entities or their products or other people, products or companies.
• Entry must not contain text that is known by Entrant to be false, inaccurate or misleading.
• Persons under the age of 21 may not be tagged in an Entry.
• Entry should not appeal primarily to persons under the legal drinking age.
• Entry must not include references to any activity that is lewd or indecent, scenarios portraying sexually explicit activity as a result of consuming beer, nor activity that suggests that beer is needed for social, financial, educational or athletic success.
• Entry must not encourage or condone drunk driving or depict situations where beer is being consumed rapidly, excessively, involuntarily, as part of a drinking game or as a result of a dare, or portray beer drinking before or during activities that for safety reasons require a high degree of alertness or coordination.
All Entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due Entries, which will be disqualified. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents (including, but not limited to, sweepstakes Entry services to create fraudulent phone numbers and/or identities) will void all Entries by that entrant. In the event of a dispute as to any Text Entry, the authorized account holder of the Device used to enter (and associated with that phone number) will be deemed to be the entrant. The "authorized account holder" of a Device is the natural person in whose name the Device has been issued and the services are billed. In the event of a dispute as to any Instagram Entry, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders associated with the Entries.
5. Random Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will select the potential Sweepstakes winners in a random drawing from all eligible entries received during the Promotion Period, on or around May 18th, 2017. The potential winner(s) will be notified by mail, email or phone on or about the first business day following the random drawing in which they were selected. Each potential winner will be required to sign and return to Sponsor, within three (3) calendar days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate random drawings will be held after which the prize will remain un-awarded.
6. Prizes: ONE (1) GRAND PRIZE: Each Grand Prize shall consist of a pair of general admission tickets to the Arte Agave at the Bowery Hotel 335 Bowery NY, NY 10003 on June 16th, 2017. Each Grand Prize winner and guest are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, incidentals, surcharges, service charges, personal charges, security fees, taxes, transportation (ground and airfare), travel and other insurance, souvenirs and other incidentals and items of a personal nature. Prizes consist of only the items specifically listed as part of the prize. No alcohol is awarded in any prize. Bowery Collective/Arte Agave reserve the right to revoke full or partial prize from any winner or winner’s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring Bowery Collective/Arte Agave into disrepute. Winner’s guest to the festival must be twenty-one (21) years of age or older by June 16, 2017. Guest must execute liability/publicity releases prior to issuance of tickets and passes. Sponsor is not responsible for lost, mutilated or stolen music festival admission passes/tickets. Sponsor is not responsible if the music festival is delayed, postponed or cancelled for any reason, or for issues arising from the operation and management of the music festival, in which event the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. In the event the music festival is cancelled or postponed, Sponsor will have no obligation to award compensation in lieu thereof. Approximate Retail Value (“ARV”) of each Grand Prize: $170.00 total ($85.00 per ticket). Actual value may vary. Winner will not receive any difference between the actual and ARV of a prize. In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use. Failure to attend festival does not relieve winner of his/her tax obligations associated with acceptance of a prize. Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
7. Release: In exchange for the right to participate in the Sweepstakes, the winner(s) agree to release and hold harmless Sponsor, Administrator, VIVAXXXII (“VIVAXXXII Imports”), and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. By entering the Sweepstakes and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Sweepstakes or prize-related activity. Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or a prize provider; or (iv) otherwise violates the policies of the prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
10. Limitations of Liability: The Released Parties are not responsible for: (a) 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) 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 Sweepstakes or receipt or use or misuse of any prize. 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 Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Cook County, Illinois, having jurisdiction. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
12. Bowery Collective/Arte Agave are not sponsors of the Sweepstakes, and are in no way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of prizing. All inquiries regarding the Sweepstakes should be directed to VIVAXXXII Imports and not to Bowery Collective/Arte Agave.
13. Entrant’s Personal Information: Information collected from entrants is subject to Sponsor by entering this Sweepstakes, each entrant confirms that he/she has read, agrees to and accepts sweepstakes rules.
