Terms & ConditionsArkansas Craft Beverage Passport Program Terms & Conditions
The Tourism Division of the Arkansas Department of Parks, Heritage and Tourism (“Arkansas Tourism”), an agency of Arkansas state government, is promoting and sponsoring the “Arkansas Craft Beverage Passport Program” (the “Program”), a digital passport program to promote public awareness of the variety of alcoholic craft beverages made within Arkansas. The Program is subject to these terms and conditions and online enrollment in the Program is required in order to participate but Program enrollment is at no cost to eligible participants who must be twenty-one (21) years of age or older. The Program will provide eligible participants with a digital passport with which they can check in using GPS location at various participating Arkansas alcoholic craft beverage merchants and can become eligible for up to three types of Program prizes: (1) certain discounts on purchases as offered, and on such terms and conditions set, by participating merchants; (2) a monthly sweepstakes drawing for a $100 Visa gift card offered, and on such terms and conditions set, by Arkansas Tourism; and (3) a points program for redemption of prizes as offered, and on such terms and conditions set, by Arkansas Tourism. Specific rules apply to each of these types of prizes as provided within these Program terms and conditions.
Additional details regarding these Program offerings and prizes, and the terms and conditions and rules as applicable to each of them, are provided below. Also, other details, terms and conditions for merchant discounts may be provided separately by the Program’s participating merchants. The Program will begin December 27, 2022 and will end on January 1, 2025 (the “Program period”). Arkansas Tourism will be assisted by its independent contractor, Bandwango, Inc., 4516 S 700 E, Suite 350, Murray, Utah 84107, in promoting the Program. Participants can enroll in the Program at no cost by signing up for the passport online at arkansas.com/craft-beverage-passport. As a condition to enrolling and participating in the Program, all participants are required to individually acknowledge having read, understood, agreed to be bound by these Program terms and conditions and rules. Specific questions regarding goods, services, and experiences offered by the participating merchants and the discounts offered on purchases of such shall be directed to the participating merchants and specific questions regarding the Program’s monthly sweepstakes drawings as well as the Program’s points and prize redemptions shall be directed to Arkansas Tourism at (501) 682-7777 or in writing at One Capitol Mall, Attn: Marketing, Little Rock, Arkansas 72201.
Program Prizes Information & Rules
1. Merchant Discounts Information & Rules
Certain Arkansas alcoholic craft beverage merchants (herein, the “Merchant(s)”) have volunteered to participate in the Program and may choose to offer discounts to Program participants on various purchases from the Merchants. These participating Merchants can be found online at arkansas.com/craft-beverage-passport. Online enrollment in the Program, digital passport check-in at the Merchant’s location, and purchases from the participating Merchants will be required to be eligible for these Merchant discounts. Such Program offerings and discounts are at the will of the Merchants and on such terms and conditions as they may separately impose. Participation by any Merchant in the Program does not represent a specific Merchant endorsement by Arkansas Tourism of the products, services, or experiences sold or otherwise provided by the Merchants – either as sold or provided in the ordinary course of business or in conjunction with the Program.
Merchant discounts will be provided through vouchers issued by the participating Merchants and the vouchers will be redeemable only for discounts on certain goods or services sold by, or facilitated through, the Merchant identified on the voucher. The Merchant is the issuer of the voucher and is solely responsible for all matters pertaining to the redemption and use of the voucher. These vouchers will have no cash redemption value within the Program and can only be used for a discount on eligible purchases as determined by the participating Merchants. Vouchers cannot be transferred to others once issued to the eligible Program participant and cannot be used in conjunction with the Program’s sweepstakes prizes or in conjunction with the Program’s points and prizes redemptions. The participating Merchants are fully and solely responsible for the care, kind, and quality of all goods and services provided in conjunction with the Program.
Merchants are solely and absolutely responsible for the lawful sale and dispensing of any and all alcoholic beverages. Requests for Merchant refunds or exchanges or issues on unredeemed vouchers are at the sole and absolute discretion of the Merchant. Please contact the Merchant directly.
2. Monthly Sweepstakes Information & Rules
A RANDOM SWEEPSTAKES PRIZE DRAWING FOR A $100 VISA CARD WILL BE CONDUCTED DURING EACH MONTH OF THE PROGRAM. AN IN-PERSON DIGITAL PASSPORT CHECK-IN WITH AT LEAST ONE (1) PARTICIPATING MERCHANT EACH MONTH IS REQUIRED IN ORDER TO HAVE AN ELIGIBLE ENTRY FOR EACH MONTH’S DRAWING. PARTICIPANTS MAY CHECK IN WITH AS MANY MERCHANTS AS THEY LIKE EACH MONTH BUT ONLY ONE SWEEPSTAKES ENTRY PER PARTICIPANT PER MERCHANT PER MONTH WILL BE ELIGIBLE FOR THAT MONTH’S RANDOM DRAWING. ELIGIBLE ENTRIES WILL NOT CARRY OVER FROM MONTH TO MONTH. NO PURCHASE IS NECESSARY TO ENTER OR WIN THE MONTHLY SWEEPSTAKES PRIZE DRAWINGS. A PURCHASE FROM A MERCHANT PARTICIPATING IN THE PROGRAM OR FROM ARKANSAS TOURISM, OR ANY AGENCY OF THE STATE OF ARKANSAS, DOES NOT INCREASE THE CHANCES OF WINNING THE MONTHLY SWEEPSTAKES DRAWINGS. THE ODDS OF WINNING THE MONTHLY SWEEPSTAKES DRAWINGS WILL VARY FROM MONTH TO MONTH AND WILL DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR EACH MONTH’S DRAWING. ONLY ONE (1) SWEEPSTAKES PRIZE WILL BE AWARDED EACH MONTH AND NOT ALL ELIGIBLE ENTRIES WILL WIN A SWEEPSTAKES PRIZE.
ANY VIOLATION OF THESE SWEEPSTAKES RULES BY ANY PARTICIPANT (AT SPONSOR'S SOLE AND ABSOLUTE DISCRETION) WILL RESULT IN SUCH PERSON’S DISQUALIFICATION AS A PARTICIPANT – INCLUDING AS A WINNER OF THE SWEEPSTAKES AND ALL SWEEPSTAKES PRIVILEGES WILL BE IMMEDIATELY TERMINATED WITHOUT NOTICE.
The Sweepstakes (the “Sweepstakes”) is open only to those who: (1) enroll in the Arkansas Craft Beverage Passport Program; (2) make an onsite digital check-in with at least one (1) participating location each month, and (3) are 21 years of age as of the date of the online passport download. The Sweepstakes is only open to legal residents of the United States of America and is void where prohibited by law. Subject to these rules, the winner of a monthly Sweepstakes drawing may become eligible to win again in future monthly Sweepstakes drawings. Winners will receive an email notifying them of their prize at the email address used when enrolling into the Program. The winner must reply to the email within 14 days of the email send date to claim the prize. If the winner does not reply within that timeframe, a new winner will be selected using the same selection method and must reply to that email within 14 days of the new email send date. If neither winner responds in the time allotted, the prize will be forfeited that month and no winner will be selected. Arkansas Tourism reserves the right to make Sweepstakes prize substitutions of similar, but not exact, value at any time without notice.
Employees of Arkansas Tourism their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
All Sweepstakes entries must fulfill all Sweepstakes eligibility requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole and absolute discretion of Arkansas Tourism. Participants may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If a participant uses fraudulent methods or otherwise attempts to circumvent the Sweepstakes rules such participant’s submissions and Sweepstakes entries may be temporarily or permanently removed from Sweepstakes eligibility at the sole and absolute discretion of Arkansas Tourism.
Entries for the Sweepstakes will be accepted online starting on or about December 27, 2022 and ending January 1, 2025 (the “Sweepstakes period”). All online entries for the final Sweepstakes monthly winner must be received by December 31, 2024, 11:59 PM EST.
One (1) Sweepstakes winner each month will receive a $100 Visa gift card delivered via the email address used to sign up for the passport. The Sweepstakes prize is non-transferable. Any and all Sweepstakes prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of a Sweepstakes prize shall constitute permission by the winner for Arkansas Tourism to use winner's name, likeness, and entry information for purposes of advertising and trade without further compensation, unless prohibited by law.
Winners of the Sweepstakes will be selected in a random drawing under the supervision of Arkansas Tourism each month for those that have completed at least one check-in at a participating location that month. Winners will be notified via email to the email address they used to sign up for the passport within five (5) business days following the winner selection. Arkansas Tourism shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information.
The receipt by winner of the prize offered in this Sweepstakes is expressly conditioned to comply with any and all federal, state, and local laws and regulations.
3. Program Points and Prize Redemptions Information & Rules
The Program offers a points feature through which points may be redeemed for prizes. Program points are earned by in-person digital passport check-in at participating locations shown on the passport. The points values earned for a passport check-in are the same among all participating locations. No purchase is required to earn these Program points and points earned by participants may accumulate from month to month during the Program period.
Points may be redeemed for prizes on the Program’s online prize portal. These prizes do not include alcoholic beverages or ay redemptions for alcoholic beverages. Rather, by way of example, prizes are items that promote Arkansas Tourism such as koozies, drinkware, etc. Prizes, and the points required for each prize, are determined by Arkansas Tourism and are subject to change without notice at the sole and absolute discretion of Arkansas Tourism. Prizes available, points required for their redemption, and their corresponding approximate retail value can be found on the Arkansas Tourism website at www.arkansas.com/craft-beverage-passport. Prizes are available only while supplies last and will not be redeemable after any termination of the Program. No partial point redemptions, or purchases of prizes in lieu of full point redemptions, will be permitted. No rain checks or IOUs will be issued for prizes that may be discontinued, out of stock, or otherwise unavailable for redemption. No gift cards will be issued for any of the prizes. Arkansas Tourism will mail, at no cost to participants, prizes redeemed with points by the participants to the address provided by the participant during Program enrollment. Arkansas Tourism anticipates such mailings will be made in bulk and will occur approximately monthly during the Program period.
Merchant offerings and discounts are not included as Program points and prizes. Sweepstakes drawings are also not included as Program points and prizes. These foregoing offerings are separate offerings from the Program points and prize redemptions and one another. Program points cannot be redeemed for Merchant discounts, products, services and experiences or for the Sweepstakes offerings. Upon termination of the Program, points earned during Program will have no carryover value for any other promotion conducted by Arkansas Tourism and will have no cash or other redemption value. The redemption of points and receipt by of the prizes offered is expressly conditioned upon compliance with any and all federal, state, and local laws and regulations.
Agreement to Terms and Conditions and Prize Rules
By enrolling and participating in the Program, participants agree to be fully and unconditionally bound by these terms and conditions and the prize rules. Participants warrant that they meet the eligibility requirements set forth in these terms and conditions. In addition, participants agree to unconditionally accept all decisions of Arkansas Tourism as final and binding as such relates to all aspects of the Program including, without limitation, the Program’s terms and conditions and rules. The Program is subject to all applicable federal, state and local laws. Participants understand and agree that enrolling and participating in the Program is strictly voluntary and participants are encouraged to contact Arkansas Tourism with any questions regarding the Program at any time.
Publicity Rights Granted by Program Participants
By entering and participating in this Program, participants understand and agree that Arkansas Tourism, anyone acting on behalf of Arkansas Tourism, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media format now known or hereafter developed in perpetuity, certain participant information, including, without limitation, the Program entry and winners’ name, portrait, picture, voice, likeness, image or statements about the Program, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further consideration. Such use by Arkansas Tourism will be for its promotional purposes, will be professional, and will not defamatory or derogatory in nature.
Program Continuity & Integrity
Arkansas Tourism reserves the right, in its sole and absolute discretion to cancel, terminate, modify, suspend or restart the Program with any changes including, without limitation, amending any and all Program terms and conditions and rules at any time should in its sole and absolute discretion a force majeure event occur including, without limitation, computer virus, civil unrest, pandemic, supply chain issues, weather-related casualty, general economic decline, infrastructure failure, fraud or other causes beyond its reasonable control corrupt or for other reasons that may affect the administration, security, fairness or proper and professional conduct of the Program.
Arkansas Tourism has the right, in its sole and absolute discretion, to maintain the integrity of the Program by voiding a participant or prizes for any bad faith reason including, but not limited to, the use of aliases and multiple Program enrollments for the same participant or other subversive uses of computer or electronic devices in a manner calculated to defeat Program terms and conditions and rules or provide the participant with an unfair advantage such as through the use of bots, macros or scripts or other technical or other subversive means.
Any attempt by any Program enrollee or participant to deliberately damage any web site or undermine the legitimate operation of the Program may be a violation of criminal and civil laws and, should such an attempt be made, Arkansas Tourism reserves the right to prosecute and seek damages from any such person(s) to the fullest extent permitted by law.
Limitation of Liability
By enrolling and participating in the Program, each participant agrees, individually and, without limitation, on behalf of their respective heirs, estates, designees, assignees, subrogees, successors or assigns, to release and hold harmless Arkansas Tourism and its affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, regardless of legal basis or theory from (i) such entrant’s participation in the Program and/or their acceptance, receipt, possession, use, or misuse of any products, services, experiences, prizes or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized third-party intervention in any part or process of the of the Program; (v) electronic or human error which may occur in the administration of the Program or the processing of entries and prize determinations; and (vi) failure of delivery of Program prizes occurring through no fault of Arkansas Tourism.
Material Legal Notices & Disclaimers
THIS PROGRAM SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF ARKANSAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.
AS MATERIAL CONSIDERATION TO ENROLLING AND PARTICIPATING IN THE PROGRAM, ALL PARTICIPANTS AGREE THAT RESOLUTION OF ANY AND ALL PROGRAM DISPUTES WITH ARKANSAS TOURISM SHALL FIRST BE ATTEMPTED ON AN INDIVIDUAL BASIS THROUGH INFORMAL NEGOTIATIONS WITH ARKANSAS TOURISM AND ANY AND ALL PROGRAM DISPUTES NOT SO RESOLVED WITHIN ONE (1) YEAR SHALL THEREAFTER ONLY BE FORMALLY RAISED INDIVIDUALLY AS A CLAIM BEFORE THE ARKANSAS STATE CLAIMS COMMISSION. ALSO, ALL PARTICIPANTS AGREE NOT TO SEEK, AND HEREBY FULLY AND UNCONDITIONALLY WAIVE, ATTORNEY FEES AND ANY AND ALL CLAIMS FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, AND NONECONOMIC DAMAGES. FURTHER, ANY AND ALL CLAIMS AGAINST ARKANSAS TOURISM SHALL BE STRICTLY LIMITED TO AN INDIVIDUAL PARTICIPANT’S REASONABLE OUT-OF-POCKET EXPENSES DIRECTLY INCURRED FROM ENROLLING IN THE PROGRAM.
THE STATE OF ARKANSAS MAKES NO WAIVER, EXPRESS OR IMPLIED, OF ITS SOVEREIGN IMMUNITY PROTECTION AS PROVIDED BY THE ARKANSAS CONSTITUTION AND BY ARKANSAS LAW.
ARKANSAS TOURISM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED AT LAW, IN REGARD TO ANY AND ALL GOODS AND SERVICES OFFERED BY ANYONE OR PROVIDED TO ANYONE AS A PART OF THE ARKANSAS CRAFT BEVERAGE PASSPORT PROGRAM INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARKANSAS TOURISM IS NOT AN INSURER FOR, OR GUARANTOR OF, THE PRODUCTS SERVICES OR PERFORMANCE OF BANDWANGO, VISA, OR ANY MERCHANT PARTICIPATING IN THE PROGRAM.
SHOULD ANY PROVISION OF THESE TERMS AND CONDITIONS REQUIRE ANY FORMAL INTERPRETATION BY THE ARKANSAS STATE CLAIMS COMMISSION, OR ANY OTHER TRIBUNAL, THE SAME SHALL NOT APPLY THE PRESUMPTION THAT VAGUENESS OR AMBIGUITY BE CONSTRUED AGAINST ARKANSAS TOURISM AS THE DRAFTER. IT IS AGREED THAT ALL PARTICIPANTS HAVE A DUTY TO READ, UNDERSTAND, AND BE BOUND BY THESE TERMS AND CONDITIONS AS A CONDITION PRECEDENT TO ENROLLING AND PARTICIPATING IN THE PROGRAM AND ALL PARTICIPANTS ASSUME SUCH RISKS OF VAGUENESS AND AMBIGUITY AS MAY BE FOUND IN THESE TERMS AND CONDITIONS.
ANY FAILURE BY A PARTICIPANT TO TIMELY CLAIM ANY SWEEPSTAKES OR POINTS PRIZE IN THE PROGRAM WILL BE REGARDED AS A FORFEITURE IN THE SOLE AND ABSOLUTE DISCRETION OF ARKANSAS TOURISM. ANY UNCLAIMED PROPERTY NOT REGARDED AS FORFEITED BY ARKANSAS TOURISM, IF ANY, IN REGARD TO SWEEPSTAKES PRIZES OR THE POINTS AND PRIZE REDEMPTIONS IN THE PROGRAM WILL BE DISPOSED IN ACCORDANCE WITH THE ARKANSAS UNCLAIMED PROPERTY ACT CODIFIED AT ARK. CODE ANN. § 18-28-101, ET SEQ.
The Sponsor of the Program is Arkansas Tourism, Attn: Marketing, 1 Capitol Mall, Little Rock, AR 72201. Arkansas Tourism is the primary financial sponsor and administrator of the Arkansas Craft Beverage Passport Program and is responsible for the Program’s terms and conditions and rules. Arkansas Tourism is underwriting the expenses for the Sweepstakes and the points and prizes redemption program. Participating Merchants have separately and independently provided financial consideration for the Program by way of their unique products, services and experiences offered for sale to Program participants and the discounts and vouchers offered on those unique products, services and experiences.
Participant information is collected by Arkansas Tourism when processing participant enrollments, administering the passport program, and conveying prize awards. Other participant information may be separately collected by participating Merchants. Participant information collected by Arkansas Tourism is kept secure and is not shared except as herein provided and to the reasonable extent necessary to administer the Program including but not limited to as needed in working with its contractor Bandwango, Inc., the participating Merchants, and in making public Program announcements (e.g., winner announcements).
Refunds or exchanges on unredeemed vouchers are on a case to case basis. Please contact customer service via email at email@example.com, phone (888) 921-5333, or text (888) 921-5333. Restrictions apply.
Customer Service Hours: Monday - Sunday, 6 am PT - 6 pm PT.
Refunds: Refunds may be made on certain unredeemed vouchers only. Refund requests on events, attractions, and certain admissions will not be honored.
Extensions: Purchase Activation Extensions may be made in certain circumstances by reaching out to customer service to explain the reason for request and will only be considered on unused passes or items that are still within the activation period timeframe. Extensions will not be made in any event past 365 days of the purchase date. Extension requests on events and certain time sensitive admissions will not be honored.
Third Party Refunds and Exchanges: Online Travel Agencies terms and conditions vary. Please see the third party terms and conditions for details.