Blackened Whiskey Halloween
Down Under Sweepstakes
Official
Rules
NO PURCHASE OR TEXT
MESSAGE NECESSARY TO ENTER OR WIN.
MAKING A PURCHASE OR SENDING A TEXT MESSAGE DOES NOT IMPROVE CHANCES OF
WINNING. THE FOLLOWING SWEEPSTAKES IS
VALID ONLY IN THE (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND IS
OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU
AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND
ADMINISTRATOR. DO NOT PARTICIPATE IN THE
SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE
ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Sweepstakes
Name: Blackened Whiskey Halloween Down Under Sweepstakes (the
“Sweepstakes”).
Sweepstakes
Dates: Sweepstakes
registration is scheduled to begin at 12:00:00am Eastern Time (“ET”) on 9/1/19 and end at 11:59:59pm ET on 10/31/19 (the “Registration Period”). Entries
must be submitted by 11:59:59pm ET on 10/13/19 to be included in the grand prize
drawing. All entries received after
10/13/19 shall only be eligible for the first prize drawings. The Sweepstakes is subject to all applicable
federal, state and local laws and regulations, and is void outside of the (50)
U.S. and D.C., and wherever prohibited or restricted by law.
Who
may Enter:
Sweepstakes is open only to legal residents of, and who are located
within, the (50) U.S. and D.C., who are age 21 or older as of date of entry,
and have a valid driver’s license or government issued photo ID, except the
following persons who are not eligible to enter, participate or win:
(a)
Employees,
officers, and directors of Blackened
Whiskey, Sweet Amber Distilling Co. (collectively “Sponsor”), Million Dollar Media, LLC (the
“Sweepstakes Administrator”), each of their respective franchisees, parents,
affiliated companies, subsidiaries, distributors, liquor retailers, printers,
advertising and promotion agencies, and any and all other companies associated
with the design or execution of this promotion (collectively, “Released
Parties”), and the members of the immediate families or households, whether or
not related, of any of the above. “Immediate family members” includes, for
purposes of this promotion, parents (including in-laws), grandparents, siblings
(including step-siblings), children (including step-children), grandchildren
(including step grandchildren) and each of their respective spouses, regardless
of where they reside.
(b)
For
grand prize winner, any individual who does not currently possess or who is
unable to obtain (within 3-days of winner notification) a valid passport prior
to scheduled departure date (10/29/19), with expiration date at least 6-months
past scheduled return date of 11/2/19.
How to Enter – Two Ways:
1. Text: You
may initiate participation via text during the Registration Period, if you are
in possession of a Short Message Service (SMS) capable device with an eligible
text plan, and have obtained the bill payer’s permission to send a text. Text entry may not be available through all
wireless carriers. Send a text message
from your mobile device to the designated short code (68683) with the designated key word (BLACKENED) in the body of the message. You will receive an automated text reply
providing a link to the sweepstakes registration website at www.BlackenedWhiskey.com/HalloweenDownUnder. Click the link, and follow the prompts to
complete your online entry (see below). Message and data rates may apply to each text
message sent or received as provided in your wireless plan. Contact your carrier for pricing plans and
details. All text submissions must be
received by 11:59:59pm ET on 10/31/19.
2. Online Entry: Visit www.BlackenedWhiskey.com/HalloweenDownUnder
during the Registration Period, and connect to the Sweepstakes
registration page. Follow the
online instructions provided to complete the online
registration page with all required information including your name, valid
email address, phone number (including
area code), date of birth and state of residence. After having read and agreed to these
Official Rules, click the submit button to submit your online entry. All entries must be fully complete with all
required information, and must be received by 11:59:59 pm ET on 10/31/19 to be eligible. Any entry submitted
with an invalid email address or other inaccurate, incomplete, or incorrect
information will be disqualified.
·
After
completing your entry, you will have the option to share the Sweepstakes
utilizing a personalized URL link provided on the entry confirmation page. If
you choose to share the URL, you will earn an additional bonus entry into the
Sweepstakes grand prize drawing for each entrant who completes an entry
utilizing your shared personalized URL link.
Any available opt-in
opportunities are not required to enter the Sweepstakes, and opting-in will not
improve your chances of winning.
By participating and submitting an
entry, contestant agrees that sponsor and participating parties are authorized
to contact entrant via email, text, mail, phone or any other form of media to
make contestant aware of information pertinent to the Sweepstakes, and to
distribute information regarding the Sponsor(s) featured products, special
events or future contests, promotions or offers. Contestants may opt-out of any further email
communication at any time by simply replying REMOVE to any email message, or
following the provided opt-out instructions.
Maximum of one entry per
person per day, regardless of entry method. Any
incomplete or illegible entries will be disqualified. Released Parties are not responsible for
lost, late, misdirected, illegible, incomplete, invalid, unintelligible,
damaged entries, or for entries submitted in a manner that is not expressly
allowed under these rules, or for any entry not
submitted or received due to any technical error or failure, unauthorized human
intervention, inaccurate capture or mis-entry of any required information, or
the failure to capture any such information for any reason including
programming or technical errors, or effects of hackers or failure of any
electronic equipment, computer or cellular transmissions and/or network
connections; all of which will be disqualified.
Each
participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s email address, name or mobile number will
be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more
than the stated number of entries allowed by using same, multiple/different email
addresses, mobile numbers, identities, or any other methods void that
participant's entries and that participant may be disqualified. No mechanically reproduced or automated
entries permitted. Use of any automated
system to participate is prohibited and will result in disqualification and all
such entries will be deemed void. All entries
received become the property of the Sponsor and will not be returned.
In
the event of a dispute as to any online registration, the authorized account
holder of the email address used to register will be deemed to be the
registrant and he/she must be eligible according to these Official Rules. The “authorized email 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.
By
registering to enter Sweepstakes, you affirm that you have read and accepted
these Official Sweepstakes Rules. All entrants agree to be bound by and abide
by the official rules of the Sweepstakes.
Prize Drawings – Winner
Selection & Notification (1 grand prize winner, 5 first prize winners): Sponsor
shall conduct random prize drawings from among all eligible entries received as
of the date and time of each drawing as follows:
·
On
or about 10/14/19, one (1) grand prize
winner shall be randomly selected from among all eligible entries received as
of 11:59p ET on 10/13/19;
·
On
or about 11/5/19, five (5) first
prize winners shall be randomly selected from among all eligible entries
received.
Note: If eligible entries are less than the
scheduled number of prizes, then associated prizes shall not be awarded.
All
potential prize winners will be notified initially by phone and/or email following
their selection and determination as a potential prize winner. If the Administrator is unsuccessful in its
attempt to reach and speak directly with a selected potential prize winner by
phone within 24-hours of the initial notification attempt to the phone number
or email address associated with that contestant’s entry, then that contestant
may be disqualified and an alternate potential winner may be randomly selected
from among the remaining eligible entries received and notified as per the
procedures outlined above (time
permitting). Note: phone messages will not be left during the winner notification
process.
During
winner notification, the selected potential winner must confirm their eligibility,
and indicate their willingness and ability to accept the designated prize award
(see below). The potential winner will
then receive official notification via email delivery. If any selected winner does not meet the
eligibility requirements, or is unable or unwilling to accept the prize or
elects to decline the prize, s/he will be disqualified and, at Sponsor’s
discretion and time permitting, an alternate winner will be randomly selected
from among all remaining eligible entries and notified as per the procedures
outlined above (time permitting). Any disqualified contestant will not receive
any alternate prize substitution or compensation. Decisions
of the Administrator in the selection and determination of all prize winners,
designated prize awards and all matters relating to this Sweepstakes are final
and binding.
All
of the following will apply to each winner: 1) Winner will be required to
complete and return, within 1-day of date of receipt, a prize acceptance form including
an affidavit of eligibility and a liability/publicity release (publicity release where permitted), and
with a W-9 form, if prize value exceeds $600 (Note: grand prize winner’s travel guest must complete and sign the
liability/publicity release form, and must be 21 or older); 2) Winner may be required to present a copy
of a valid social security card and a valid driver’s license as a condition of
receiving any prize; and 3) Winner is
responsible for paying all applicable taxes (including, but not limited to all
local, state and federal taxes) on all prizes awarded, and grand prize winner
shall be issued a 1099 form reflecting the value of the grand prize award.
Note: Grand prize winner and their guest must each have a valid
passport with at least six (6) months from the end of designated travel dates (11/2/19)
before passport expires in order to travel. In the event winner and/or winner’s guest does not have a valid
passport, winner and/or guest has three (3) days from date they are notified
that they are a winner or guest to obtain a valid passport and/or visa, or
winner will be disqualified and prize may be awarded to an alternate winner.
Grand Prize Award
(Maximum 1 winner): The grand prize winner shall receive a trip
for two (2) (winner and one (1) guest age
21 or older) to Auckland, New Zealand during the Sponsor designated travel
dates (scheduled for 10/29/19 – 11/2/19),
subject to change at Sponsor’s sole discretion.
The grand prize trip for two has a maximum retail value not to exceed $7,500,
and includes:
·
Actual
departure date, times and airline based upon availability and will be solely
determined by Sponsor;
·
Arrival
and departure dates as solely specified by Sponsor, based upon availability;
Winner and guest must have
valid Passports in order to travel, with expiration dates a minimum of 6-months
following scheduled return date. If
winner or guest fail to produce valid Passports at time of departure, they
shall forfeit the prize award, and shall not receive any alternate prize award
or compensation. No alcoholic beverage is part of any prize
award. All ground transportation, airport/hotel
transfers, parking, meals, gratuities, checked baggage fees, airline seat
assignment fees, hotel resort fees, travel or departure taxes, incidental
expenses, applicable taxes (including, but not limited to all local, state and
federal taxes) and any other expenses not specified herein as being included in
the prize award are the sole responsibility of winner.
·
NOTE: winner is solely responsible for any and all
required ground transportation, including transportation to airport(s), parking
and airport/hotel transfers. Prize award
does not include any ground transportation, transfers or parking.
Scheduled
travel dates shall occur 10/29/19 – 11/2/19, and are not subject to change
based upon winner request or winner’s available travel schedule. Sponsor is not responsible for any travel
delays, flight delays or cancellations or travel difficulty related to the
grand prize award. If travel delays or
difficulty prevent arrival in time for any and all elements of trip or prize
award, Sponsor is not responsible for awarding any compensation in lieu
thereof. The winner and his/her guest
must travel together on the same itinerary.
Any changes to completed travel arrangements, once booked, are the sole
responsibility of the winner, and are solely at the winner’s expense. Actual value of the trip will depend on point
of departure, and any airfare fluctuations.
If actual value of prize is lower than the stated maximum value of grand
prize when prize is procured and fulfilled, then the difference will not be
awarded to the winner. The winner and
travel companion are solely responsible for all costs incurred to and from the
nearest major airport to the winner’s home as designated by Sponsor as the
prize originates and terminates at such departure point unless otherwise agreed
to by Sponsor in writing.
Grand
prize winner and guest must be of legal age of majority in his/her state of
residence (and at least 21) and will be required to execute and return a
liability/publicity release prior to prize award. Sponsor is not responsible for late, lost,
damaged or stolen luggage. It is
recommended that each winner and travel companion obtain sufficient personal
insurance prior to departure. Winner and
travel companion hereby release Sponsor from any duty to provide, check, or
verify any and all necessary ID’s, passports, visas and tourist cards, birth
certificates, vaccination certificates, and any other travel requirements
(“Personal Documents”). Sponsor shall
not have any responsibility for the replacement of lost or stolen Personal
Documents or tickets, coupons, vouchers, receipts or other documents pertaining
to the prize (“Travel Documents”) once the Travel Documents have been provided
to winner and travel companion.
First Prize Award
(Maximum 5 winners): Each first prize winner shall receive Blackened
Whiskey and/or Metallica branded merchandise, consisting of the merchandise
items as solely determined and designated by Sponsor, based upon
availability. Approximate retail value
of each first prize award: $250. Winner will receive shipment of merchandise
to the registered address submitted via USPS or other Sponsor designated
shipping carrier. Allow 4 – 8 weeks for
delivery. Total approximate retail value
of all available first prize awards: $1,250.
General
Prize Conditions: All other costs and expenses related to prize
delivery, acceptance and use not specified herein as being provided are the
sole responsibility of each winner, including but not limited to delivery
charges, travel, any incidental expenses and all applicable taxes. All income, federal, state and local taxes
are the winner’s sole responsibility.
All prize awards are non-transferable and no cash redemption or prize
substitution allowed, except at Sponsor’s sole discretion or as provided
herein. Sponsor reserves the right to
substitute a prize with one of comparable or greater value, at its sole
discretion. All prizes are awarded as is, without
any warranty, express or implied, by Sponsor.
Failure to collect or properly claim any prize in accordance with these
rules will result in forfeiture of the prize.
If forfeited for any reason, participant will not receive any other
prize substitution or compensation, and
the prize will remain the property of Sponsor and will not be awarded, except
as provided herein. All properly claimed prizes will be awarded. Any unclaimed prizes will not be
awarded. Total ARV of all available
prize awards: $8,750.
Additional Rules &
Restrictions: By participating, entrants agree to
abide by and be bound by the Official Rules and the decisions of the Sponsor
and Administrator, which shall be final in all matters relating to this
Sweepstakes. In the event an entrant
wins a prize, and is later found to be in violation of these rules he/she will
be required to forfeit the prize or to reimburse Sponsor for the stated value
of the prize if such violation is discovered after winner has used the prize.
Participation in Sweepstakes constitutes permission for the Sponsor, the
Released Parties and their designees to use entrants’ names, likenesses,
images, biographical information, and cities and states of residence for
purposes of advertising and trade in any and all media now or hereafter known
worldwide on perpetuity without limitation or further compensation,
notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or
acts shall render entrants ineligible for any prize.
By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including but not limited to death), damages, losses
or expenses arising out of or relating to entrant’s participation in this
Sweepstakes, or the acceptance, possession or use/misuse of any prize, or
participation in prize-related activities (including but not limited to travel
or activity related thereto), and to assume all liability therefor.
Released
Parties shall not be liable to winner or any other person for failure to supply
the prize or any part thereof by reason of any acts of God, any actions,
regulations, orders, or requests by any governmental entity, equipment failure,
terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or
strike, labor or material shortage, transportation interruption of any kind, or
any other cause beyond Released Parties’ sole control.
Participants
are restricted to use of ordinary and typical computer equipment, mobile phone
equipment, Internet access and cellular networks. Sponsor disclaims all
liability for the inability of a participant to complete or continue an entry
due to equipment malfunction, busy lines, inadvertent disconnections, acts
beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability
for entries not received due to technical difficulties or transmission errors.
The Sponsor disclaims all liability for any delays, mis-delivery, loss, or
failure in the delivery of any item sent by mail, courier, express, electronic
transmission, or other delivery method.
Released Parties are not responsible for mechanical, technical,
electronic, communications, telephone, computer, hardware or software errors,
malfunctions or failures of any kind, including: failed, incomplete, garbled or
delayed transmission of online entries, traffic congestion on telephone lines,
the Internet or at any website or lost or unavailable network connections which
may limit an online entrant's ability to participate in the Sweepstakes, and
any injury or damage to entrant’s or any other person’s computer or mobile
phone related to or resulting from participating in or downloading any
information necessary to participate in the Sweepstakes. Released Parties are not responsible for any
other errors of any kind, whether computer, technical, typographical, printing,
human or otherwise, relating to or in connection with the Sweepstakes,
including, without limitations, errors which may occur in connection with the
printing or advertising of this Sweepstakes, administration or execution of the
Sweepstakes, the cancellation of the game, the processing of entries or in the
announcement of the prizes or prize winners.
Sponsor, in its sole discretion, reserves the right to disqualify any
person tampering with the entry process or the operation of the Sweepstakes
website.
Sponsor
reserves the right to cancel, modify or terminate the Sweepstakes if fraud,
misconduct or technical failures destroy or threaten the integrity of this
portion of the Promotion, in the opinion of the Sponsor/Administrator, or if a
computer virus, bug, or other technical problem corrupts the administration,
security, or proper conduct of the Sweepstakes as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Sweepstakes, Sponsor reserves the right to determine any
prize winner(s) in a random drawing from among all eligible, non-suspect
entries received as of the time/date of such termination.
IN CASE OF DISPUTES: By
participating, each entrant agrees that (1) any and all disputes, claims, and
causes of action arising out of or in connection with this Promotion, or any
prizes awarded, shall be resolved individually, without resort to any form of
class action, and any judicial proceeding shall take place in a federal or
state court within the State of New Jersey; (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 entrant be
entitled to received attorneys' fees or other legal costs; and (3) under no
circumstances will entrant be permitted to obtain awards for, and 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 Official Rules, or the rights and obligations of
entrant and Sponsor in connection with this Promotion, shall be governed by,
and construed in accordance with the laws of the State of New Jersey, without
giving effect to any choice of law or conflict of law rules or provisions
(whether of the State of New Jersey or any other jurisdiction), that would
cause the application of the laws of any jurisdiction other than the State of
New Jersey.
Odds: Odds
of being selected as the grand prize winner are dependent upon the total number
of eligible entries received as of 11:59p ET on 10/13/19. Odds of being selected as a first prize
winner are dependent upon the total number of eligible entries received.
Official Rules & Winners List:
For a copy of these Official Rules, or the name of prize winners, send a
self-addressed stamped envelope postmarked by 12/15/19 and received by 12/31/19
to: Blackened Whiskey Halloween Down Under Sweepstakes, P.O. Box 278,
Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
Sponsor:
This Sweepstakes is sponsored by Sweet Amber Distilling Co., PO Box 1760,
Santa Monica, CA 90406.
Sweepstakes Administrator:
The Sweepstakes is administered by Million Dollar Media, LLC, P.O. Box
278, Woodbridge, NJ 07095.