Fireball Red Jacket Contest
Official
Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THESE
RULES INCLUDE A WAIVER AND RELEASE OF CLAIMS AGAINST SPONSOR, INCLUDING ANY
CLAIMS RELATED TO YOUR REMOVAL FROM ANY SPORTING EVENTS AND/OR THE LOSS OR
SUSPENSION OF YOUR BADGE, TICKET OR ENTRY CREDENTIALS. THE FOLLOWING CONTEST IS
VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND
IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW) WHO ARE
TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. VOID ELSEWHERE AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS CONTEST, YOU AGREE
TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO
NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS
AS SET FORTH BELOW.
Contest
Name: Fireball Red Jacket Contest (the “Contest”).
Contest Dates: The contest registration period begins
at 12:00:00 am Eastern Time (ET) on 3/20/2023
and ends at 11:59:59 pm (ET) on 3/29/2023
(the “Registration Period”). Contest is subject to all applicable federal,
state and local laws and regulations.
Void outside the (50) U.S. and D.C., and wherever prohibited or
restricted by law.
Eligibility
– Who May Enter: Contest is open
only to legal residents of, and who are located within, the fifty (50) United
States or D.C., who are age twenty-one (21) or older as of date of entry, and
have a valid U.S. 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 Sazerac
Company, Inc. (“Sponsor”), Million
Dollar Media (the “Contest Administrator”), and each of the
foregoing’s respective franchisees, owners, employees, contractors, parents,
affiliated companies, subsidiaries, distributors, retailers, printers,
advertising and promotion agencies, any and all other companies associated with
the design or execution of this Contest, or any employees, officers, directors,
members, shareholders or agents of any alcohol-beverage retailers,
distributors, wholesalers or manufacturers (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 Contest, 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.
How to Enter –
Online Registration: To enter, find the registration
link from a contest related social media post from @FireballWhisky, other
online communication or press release, or directly visit www.FireballRedJacket.com during the “Registration
Period.” Each entrant must fully
complete the online registration page with all required information including
his/her name, valid email address, phone number (including area code), date of
birth, state of residence, zip code and their essay submission answering the
question “What is your Fireball golf tradition?” After having read and agreed
to these Official Rules, click the submit button to submit your online entry.
All entries
must be fully complete for all required information and must be received by
11:59pm ET on 3/29/2023 to be eligible. Entrants must
submit an essay in 250 words or less plus any other required information for a
total of one entry submission. Maximum
of one entry per person per valid email address during the entire Registration
Period.
Any incomplete or ineligible entries, or any entry submitted with
an invalid or false email address, phone number or other incorrect information will
be disqualified. Released Parties are not responsible for
lost, late, misdirected, illegible, incomplete, invalid, unintelligible,
damaged, 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.
Entrants
may opt out of Email notifications at any time, without affecting their entry,
by following provided opt-out instructions.
By participating and submitting an
entry, contestant agrees that Sponsor and participating parties are authorized
to contact entrant via email, mail, phone or any other form of media to make
contestant aware of information pertinent to the Promotion, and to distribute
information regarding the Sponsor(s) featured products, special events or
promotional offers, or coupons. 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.
Each
entrant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s email address or name, or providing any
false email addresses or information, will be disqualified and ineligible to
claim any prize. Any attempt by any entrant
to obtain more than the stated number of entries allowed by using same,
multiple/different emails, identities, or any other methods void that entrant's
entries and that entrant 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.
In the event
of a dispute as to any entry, registration or submission, the authorized
account holder of the email address used to register, and associated with the
entry will be deemed to be the registrant and s/he must be eligible according
to these Official Rules. 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. Proof of being the authorized account holder
may be required.
By
registering to enter Contest, you affirm that you have read and accepted these
Official Contest Rules. All entries received become the property of the Sponsor and
will not be returned. All entrants agree to be bound by and abide
by the official rules of the Contest.
Essay Submission Requirements
(Answer the question, “What is your favorite Fireball golf tradition?” in 250 words
or less.) Sponsor reserves the right in its sole
discretion, to disqualify any submission for any reason that it considers to
not be appropriate for the Contest. Submission
restrictions include, but are not limited to, the following requirements:
·
Submission
must be the Entrant’s own original creation;
·
May
not be, or ever have been, submitted in any competition or contest of any kind;
·
May
not be submitted by any individual under 21 years of age;
·
May
not use any name, likeness, or any other identifying element, in whole or in
part, of any person, living or dead, without permission;
·
May
not be subject to any third-party agreement or require payment or incurrence of
any sums to obtain further permissions of any person or entity as a result of its
use or exploitation of the idea or rights therein or portions, or modified
versions or derivative works thereof;
·
Except
as relates to the Sponsor or approved partners, not include trademarks or
copyrighted material not owned by Entrant, or material that is used without
permission (including but not limited to company names, works of art, or information
published on any media) or that otherwise infringes or violates the rights of
any third party (including but not limited to, copyrights, trademarks, patents,
trade secrets, logos, contract and licensing rights, rights of publicity or
privacy, moral rights (i.e., “droit morale”), or any other intellectual
property rights);
·
Not
include any unauthorized copy, text or plagiarism of any kind;
·
Not
be considered harmful to minors in any way;
·
Not
contain profanity, inappropriate, indecent, sexually explicit, pornographic, or
obscene content or language (which shall be determined by Sponsor, in its sole
and absolute discretion);
·
Not
contain any political or politically themed or motivated messages or
statements;
·
Not
defame, slander, libel, misrepresent, or contain disparaging remarks or any
other content that could adversely affect the name, reputation, or goodwill of
Sponsor or any other individuals and/or entities affiliated or associated with
Sponsor, the Contest, or any prizes, the determination of which shall remain in
the sole discretion of Sponsor;
·
Not
describe, depict or include content that may be considered unlawful, harmful,
threatening, violent, abusive, harassing, tortuous, defamatory, vulgar,
libelous, invasive of another’s privacy, hateful, or racially, religiously,
ethnically or otherwise objectionable in any manner as solely determined by
Sponsor;
Representation
and Release of Rights to Essay Submission: By submitting an
entry, each contestant represents that s/he has sole and exclusive ownership
and proprietary rights of any content submitted; has full permission and rights
to publish and release the content; and agrees that the content becomes the
sole and exclusive property of Sponsor, and Sponsor may publish, display,
promote, or utilize content in any manner of its choosing in relation to the
promotion or advertising of the Contest or Sponsor. Entry into the Contest and upload of any
content, constitutes permission for the Sponsor and its designees to use that
contestant’s content submission, photo, name, city and state of residence
and/or likeness for purposes of
advertising and trade in any and all media now or hereafter known worldwide in
perpetuity without limitation or further compensation, notification or
permission, unless prohibited by law. Submissions
will not be acknowledged or returned by Sponsor.
Sponsor reserves the right, in its sole
discretion, to disqualify any individual (and his or her entry) who tampers or
attempts to tamper with or abuse the entry process or the Contest website in
any way or who is otherwise in violation of these Official Rules, as determined
by Sponsor or the Contest judges appointed by Sponsor in their sole discretion.
Any questions regarding the number of
entries submitted, eligible nominee or the authorized account holder who
submitted the nomination shall be determined by Sponsor in its sole discretion.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES
THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST
EXTENT PERMITTED BY LAW.
Winner Determination &
Notification (10 Grand Prize winners)
Judging
of Entries: Following the close of the registration
period, on or about 3/30/2023, an independent panel of judges as solely
determined and appointed by Sponsor shall review, select and designate a
maximum of fifteen (15) potential grand prize winners from among all eligible
entries received as of the date and time of the close of the registration
period.
Entries shall be judged by a
Sponsor-appointed independent panel pursuant to the following guidelines,
requirements and general criteria in the determination of a winning nominee
submission:
Winner Notification: Each potential grand prize winner will
be notified initially by phone and/or email beginning on or about 3/30/2023. If the Administrator is unsuccessful in its
attempt to reach and speak directly with a selected potential 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 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, each selected potential grand prize winner must confirm
their eligibility, review and execute a waiver and release of liability and
provide other information and documents as designated by Sponsor, and accept
the prize. Each potential winner will
then receive official notification via email delivery. If the selected winner does not meet the
eligibility requirements, or 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 selected from among all remaining eligible finalists
and notified as per the procedures outlined above (time permitting). If the
potential grand prize winner is unable or unwilling to accept any part of the
prize for any reason, s/he will be disqualified and, at Sponsor’ discretion and
time permitting, an alternate grand prize winner will be selected from among
all remaining eligible grand prize finalists 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 the winners and all matters
relating to this Contest are final and binding.
In
addition, Sponsor reserves the right to require potential winners to submit to
a confidential criminal background check and/or screening interview to confirm
eligibility as a condition of participation, to help ensure that the use of any
such person in advertising or publicity will not bring the Sponsor into public
disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest,
as determined by Sponsor in its sole discretion. Any entrant may be disqualified in Sponsor’s
sole discretion if: (a) any required documents are not fully completed, signed,
and returned within the required time period; (b) if any background check is
deemed unsatisfactory in Sponsor’s sole discretion; (c) he/she fails to comply
with any of the terms of these Official Rules, or (d) if any prize or prize
notification is returned as undeliverable.
In the event of disqualification of a winner, assuming there is
sufficient time available for winner notification and verification, at
Sponsor’s sole discretion the prize may be awarded to an alternate winner
selected from among the remaining eligible entries, pending verification of
eligibility.
All
of the following will apply to each prize 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, a waiver and release of liability, and a
liability/publicity release (publicity release where permitted) signed
by the winner (grand prize winner’s guest must also sign an affidavit of
eligibility, waiver and release of liability, and a liability/publicity release
and confirm they are age 21 or older) and a W-9 form if the value of the prize
exceeds $600; 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 participating or receiving any prize; and 3) Winner will be issued a 1099 form
reflecting the value of the grand prize award and is responsible for paying all
applicable taxes (including, but not limited to all local, state and federal
taxes) on all prizes awarded. 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, finalist 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.
Grand Prize Award
(Maximum 10 winners): Each grand prize winner shall be awarded a Fireball
Red Jacket Packet, which includes the following and shall not exceed an
approximate retail value (“ARV”) of $1,050:
·
One
(1) Fireball Red Jacket. Size and style
as solely determined and designated by Sponsor, subject to availability;
·
One
(1) $1,000 gift card. Gift card issuer
as solely determined and designated by Sponsor and is subject to the terms and
conditions of the issuing gift card provider, including any expiration.
All
merchandise prize items are awarded ‘as is’ without warranty, express or
implied. Prize winners must accept delivery
of prize in the method as solely determined and designated by Sponsor. Prize shall be shipped only to the designated
winner residential address as submitted during initial online registration
and/or as provided during winner notification, via the carrier as determined
and designated by Sponsor (i.e. UPS, USPS or other Sponsor designated carrier),
or as otherwise specified by Sponsor. Allow 4 – 6 weeks for prize delivery.
Once
shipped, prize shall be considered as awarded and delivered, and Sponsor shall
not be responsible for actual receipt of delivery by winner. Sponsor shall not be responsible for any
lost, late, undelivered, misdirected, damaged or stolen delivery; or any
incorrect delivery address provided by winner during registration or prize
claim. In the event of any delivery
issues, including undelivered, misdirected, lost or stolen deliveries, Sponsor
shall have no responsibility to replace the prize award, and prize award shall
not be substituted by Sponsor with any alternate prize award or
compensation. Winner shall look solely
to designated shipper/carrier for any lost, damaged, stolen or mis-delivered
packages and not to Sponsor for any delivery issues.
General
Prize Conditions: No
alcoholic beverage is part of any prize award. Prize winners must accept delivery of prize in
the method as solely determined and designated by Sponsor. All other costs and expenses related to prize
acceptance, delivery, redemption or use not specified herein as being provided
are the sole responsibility of winner. 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 prize in
accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, entrant 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 prizes is $10,500.
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 Contest. 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 Contest
constitutes permission for the Sponsor and its designees to use entrants’
names, cities and states of residence and/or likenesses 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.
WAIVER,
RELEASE OF CLAIMS AND ACKNOWLEDGEMENT.
ENTRANTS ARE NOT REQUIRED TO WEAR THE FIREBALL RED JACKET TO OR AT ANY PUBLIC
EVENTS OR ELSEWHERE AS A CONDITION OF ENTRY OR TO RECEIVE ANY PRIZE. ENTRANTS WHO CHOOSE TO WEAR THE RED JACKET TO
ANY PUBLIC OR OTHER EVENTS, INCLUDING, BUT NOT LIMITED TO, ANY EVENTS TAKING
PLACE AT AUGUSTA NATIONAL GOLF CLUB, DO SO AT THEIR SOLE RISK AND ARE CAUTIONED
TO REVIEW THE RULES, RESTRICTIONS AND DRESS CODES OF ALL SUCH EVENTS AND TO
ABIDE BY SAME. BY PARTICIPATING,
ENTRANTS EXPRESSLY AGREE TO RELEASE AND HOLD ALL RELEASED PARTIES HARMLESS
FROM, ANY AND ALL CLAIMS, LOSSES, ACTIONS, OR DAMAGES OF ANY KIND RELATED TO:
(a) ANY EJECTION, REMOVAL OR BAN OF ENTRANT OR THEIR GUEST(S) FROM ANY SUCH
EVENTS; OR (b) ANY LOSS, FORFEITURE, SUSPENSION OR REVOCATION OF ENTRANT’S OR
ENTRANT’S GUESTS CURRENT OR FUTURE BADGES, TICKETS OR OTHER ENTRY CREDENTIALS
TO ANY SUCH EVENTS.
Without
limiting the foregoing, 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 Contest, or the acceptance, possession or
use/misuse of any prize, or participation in prize-related activities
(including but not limited to attendance at any events, travel or activity
related thereto), and to assume all liability therefor.
Entrants
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 entrant 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 Contest, 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 Contest.
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 Contest, including, without limitations,
errors which may occur in connection with the printing or advertising of this Contest,
administration or execution of the Contest, 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 Contest website.
Sponsor
reserves the right to cancel, modify, reschedule or terminate the Contest for
any reason including, but not limited to acts of God, pandemics, force majeure,
government regulatory action or ruling,
fraud, misconduct, or if any technical failures destroy or threaten the
integrity of the Contest, 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 Contest as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Contest, Sponsor reserves the right to determine prize
winners from among all eligible, non-suspect entries received as of the
time/date of such termination.
In addition, by submitting any Entry, each Entrant transfers
any and all of his/her right,
title and interest in and to such Entry and content submission, including but not limited to any and all
copyrights, trademark rights, "moral rights" and any and all other
proprietary rights that may exist, throughout the world, to Sponsor
and expressly waives any rights s/he may have in such submission and/or content. Each
Entrant agrees Sponsor is the exclusive owner
of all rights in and to such Entry, and/or content, and will have the worldwide, perpetual right
to copy, display, reproduce, exhibit, edit, modify, assign, license, register
for copyright or trademark, distribute, sell or otherwise use and exploit the entry,
content submission, and all
elements and/or derivative works thereof, in whole or in part, alone or with
other materials, in any media now known or hereafter created or devised, for
any reason whatsoever.
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 Commonwealth of Kentucky; (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 Commonwealth of Kentucky,
without giving effect to any choice of law or conflict of law rules or
provisions (whether of the Commonwealth of Kentucky or any other jurisdiction),
that would cause the application of the laws of any jurisdiction other than the
Commonwealth of Kentucky.
Odds: Odds
of being selected as a grand prize winner are dependent upon the total number
of eligible entries received as of the end date and time of the Registration Period,
the skill of the entrant in the creation of their essay submission, and the
decisions of judges.
Official Rules & Winner
List: For a copy of these Official Rules, or the
name of the prize winner, send a self-addressed stamped envelope to be received
by 5/15/2023 to: Fireball Red Jacket Contest, c/o Million Dollar Media, P.O.
Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY
which you are requesting, official rules or winner list.
Sponsor: This
Contest is sponsored by Sazerac Company, Inc.
Contest Administrator:
The Contest is administered by Million Dollar Media, P.O. Box 278,
Woodbridge, NJ 07095.