Smithworks® Vodka Heartland Holiday Beanie Sweepstakes

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.  THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), EXCLUDING RESIDENTS OF MAINE, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE OFFICIAL RULES (“OFFICIAL RULES”) BELOW).  VOID ELSEWHERE AND WHERE 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:  Smithworks® Vodka Heartland Holiday Beanie Sweepstakes (the “Sweepstakes”).

 

SWEEPSTAKES DATES: Sweepstakes registration begins at 12:00:00 am Eastern Time (ET) on 12/1/2021 and ends at 11:59:59 pm (ET) on 12/31/2021 (the “Registration Period”).  Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Void in Maine, outside the (50) U.S. and D.C., and wherever prohibited or restricted by law.

 

ELIGIBILITY – WHO MAY ENTER:  Each individual entering the Sweepstakes (each, an “Entrant”), at the time of entry: (a) must be a legal resident of the (50) U.S. or D.C., excluding residents of Maine; (b) must be 21 years or older; (c) must have a valid U.S. driver’s license or government issued photo identification; (d) must have access to the internet in order to enter the Sweepstakes; (e) may not be, or at any time since September 1, 2021, have been, an employee, officer, director, member, shareholder, or agent of Million Dollar Media (the “Sweepstakes Administrator”), Pernod Ricard USA, LLC (the “Sponsor”), or any of their respective franchisees, parents, subsidiaries, affiliated companies, suppliers, distributors, wholesalers, printers, advertising and promotion agencies, or any and all other companies associated with the design or execution of this Sweepstakes; or an employee, officer, director, member, shareholder, or agent of any licensed alcohol wholesaler, manufacturer, distributor or retailer of alcohol-beverage products (collectively, “Released Parties”); (f) may not be an immediate family member or household member of any individual identified in item (e) above.  “Immediate family members” includes, for purposes of this Sweepstakes, parents (including in-laws), step-parents, grandparents, siblings (including step-siblings), half-siblings, children (including step-children), grandchildren (including step grandchildren) and each of their respective spouses and/or domestic partners, regardless of where they reside.  “Household members” means people who share the same residence at least three (3) months per year.

 

How to Enter – Twitter: To enter, access the Twitter application on your compatible mobile device, tablet or desktop computer, and confirm you are following or follow @SmithworksVodka (in order to verify you are 21 years of age or older).  Then, during the Registration Period, tweet from your own Twitter account that you want to win a Smithworks Vodka Heartland Holiday Beanie for yourself and a friend (or retweet a Smithworks Vodka tweet regarding the Sweepstakes) using the hashtags #HeartlandHoliday #SmithworksSweepstakes, then tag @SmithworksVodka and a friend you want to give one of the Beanies to.  You must be an active holder of a nonprivate Twitter account to be eligible to enter this Sweepstakes (i.e., you must make sure your tweets are set to “public” and not “private”).  If you wish to enter and do not have a Twitter account, you may create one by visiting www.twitter.com. Twitter accounts are free, and Twitter’s Terms of Use apply. For details, visit http://twitter.com/tos. Submitted tweets will appear on Twitter under the hashtags #HeartlandHoliday #SmithworksSweepstakes. If you enter using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.

 

All entries must be submitted by 11:59:59p ET on 12/31/2021 to be eligible.  Maximum of one (1) entry per person during the entire Registration Period.  Each entrant must submit an entry on his/her own behalf.  Any entry submitted on behalf of another individual or using another person’s name, Twitter account, email, or providing any false information, fake accounts or duplicate accounts 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 the same or multiple/different accounts, emails, identities or any other methods void that entrant's entries and that entrant may be disqualified. No mechanically produced or automated entries permitted.  Use of any automated system to participate in the Sweepstakes is prohibited, will result in disqualification and all such entries will be deemed void.  False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible.

 

All entries in the Sweepstakes will become the sole property of Sponsor and will not be returned.  Each entrant agrees that their submitted entry may be viewed by the public.  Sponsor reserves the right to disqualify and remove any entry at any time that is not in compliance with these Official Rules.  All entries must conform to the submission requirements as outlined above and below, or it may be disqualified and not considered for the Sweepstakes. 

 

All entries must include all required information.  Any entry with incorrect, incomplete or illegible information, an invalid Twitter account or other inaccurate information will be disqualified.  Released Parties are not responsible for lost, late, misdirected, incorrect, illegible, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone provider, network computer online systems, computer equipment, servers, or software, including any injury or damage to contestant’s or any other person’s computer relating to or resulting from participation in this Contest; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer, phone line or cellular transmissions and/or network connections; all of which will be disqualified.  

 

In the event of a dispute as to any entry, registration or entry submission, the authorized account holder of the Twitter account used to register or submit the entry, 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 Twitter account holder of the account name used to submit the entry.  Proof of being the authorized account holder may be required.

 

By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone, or Twitter message 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 promotional 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.  Any available opt-in opportunities are not required to enter the Sweepstakes, and checking the opt-in boxes will not improve your chances of winning. 

 

By registering and submitting an entry, you affirm that you have read and accepted these Official Rules.  The laws of the United States apply to and govern this Contest and any claims must be raised and resolved in the United States.  Any information collected by registering and entering the Contest shall be used only in a manner consistent with these Official Rules and with Administrator’s Privacy Policy. By entering the Sweepstakes, each contestant agrees that s/he may be contacted, recorded and/or broadcasted by Sponsor, and that his/her submission may be used, promoted, released, broadcasted or published by Sponsor in any manner related to the promotion or advertising of the Sweepstakes. 

 

Collection and use of information collected in connection with the Sweepstakes will be in accordance with Sponsor’s Privacy Policy as posted at https://privacy.pernod-ricard-usa.com/.

 

General Submission Requirements:

(a)   Each entry must be submitted in a format as accepted by Twitter;

(b)   Must be the entrant’s own original creation and not previously submitted in any Sweepstakes;

(c)   Any entry that is not properly submitted or received for any reason, including any technical difficulties, upload failures, failures to save or properly store the entry, failure to include the required hashtags, busy signals, efforts of hackers or any lost or disconnected Internet connections, will be disqualified. 

 

Additional Submission Requirements:  Sponsor reserves the right to, in its sole and absolute discretion, disqualify any entry and/or submission for any reason that it considers to not be appropriate for the Sweepstakes.  Entry submission restrictions include, but are not limited to, the following requirements: 

·         may not depict an image of any individual under the age of 21, or that appears to be under the age of 21;

·         not be, or ever have been, submitted in any competition or contest of any kind;

·         not use any name, likeness, photograph, or any other identifying element, in whole or in part, of any person, living or dead, without permission;

·         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 sponsoring brands or approved partners, not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, works of art, or images 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 feature, refer to, or mention any companies or brands in competition with Sponsor;

·         not include any unauthorized photos, images, text or plagiarism of any kind;

·         not contain nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content or images (which shall be determined by Sponsor, in its sole and absolute discretion);

·         not contain any political or politically themed or motivated messages, statements, or images;

·         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 Sweepstakes, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;

·         not depict, describe or include images 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;

·         not depict or describe over consumption or irresponsible consumption;

·         must comply with the DISCUS Code of Responsible Practices and the Pernod Ricard Code for Commercial Communication.

 

Representation and Release of Rights to Sweepstakes Entry and/or Submission:  By submitting any entry, each entrant represents that s/he has sole and exclusive ownership and proprietary rights of all content submitted; has full permission of all parties within any photo to publish and release their images and actions shown within the photo; and agrees that each entry and/or submission becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote or utilize the submission, content and/or photo in any manner of its choosing in relation to the promotion or advertising of the Sweepstakes or Sponsor.  Entry into the Sweepstakes and upload of any entry, tweet, comment and/or photo constitutes permission for the Sponsor and its designees to use that entrant’s entry, tweet, comment, 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 to request proof from any entrant, at any time, in a form acceptable to Sponsor, of any permission required or possibly required to use such entrant’s entry in the Sweepstakes.  Failure to provide such proof, if requested, may disqualify such entry from the Sweepstakes. 

 

Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process or the Sweepstakes website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Sweepstakes judges appointed by Sponsor in their sole and absolute discretion.  Any questions regarding the number of entries submitted or the authorized account holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 Selection & Notification:  Sponsor shall conduct a series of random prize drawings on or about 12/6/2021, 12/13/2021, 12/20/2021, 12/27/2021 and 1/3/2022 from among all eligible entries received as of the date and time of each drawing, to select up to one hundred (100) potential winners per drawing date, for a maximum total of (500) potential winners during the entire Sweepstakes Period. 

·         NOTE:  There is a maximum of one (1) prize award per person or household during the entire Sweepstakes Period.  A maximum of two hundred (200) prizes shall be available to be awarded to residents of any individual state within the (50) U.S. or D.C. during the entire Sweepstakes Period.  If eligible entries are less than the scheduled number of prizes available for any drawing or for the entire Sweepstakes Period, then associated prize awards shall not be awarded. 

 

Each eligible entrant whose entry is randomly selected shall be designated as a potential prize winner, subject to verification of eligibility, and compliance with these Official Rules.  Only the entrants whose entries are randomly selected shall be eligible to claim the prize award. All other entries and submissions received will be disqualified.

 

All potential prize winners will be notified initially by post and/or direct message to their Twitter account.  Sponsor not responsible for any potential winner who does not receive the post or direct message for any reason including failure to check their Twitter account or privacy settings on their Twitter account.  Potential winners must follow the provided instructions to verify eligibility and claim the prize.  If the Administrator is unsuccessful in its attempt to reach a selected potential prize winner or winner fails to respond as instructed within forty-eight (48) hours of the initial notification attempt to the Twitter account associated with that entrant’s entry, then that entrant may be disqualified and an alternate potential prize winner may be randomly selected from among the remaining eligible entries received and notified as per the procedures outlined above (time permitting).

 

During prize winner notification, each selected potential prize winner must confirm their eligibility, and indicate their willingness to accept the associated prize award (see below).  If a selected winner does not meet the eligibility requirements, fails to respond within the required deadline, 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 entrant will not receive any alternate prize substitution or compensation.  Decisions of the Sponsor and Administrator in the selection and determination of all prize winners and all matters relating to this Sweepstakes are final and binding. 

 

Each of the prize winners shall be required to: (1) complete and submit, within two (2) days of notification, a prize acceptance form, including affidavit of eligibility and liability/publicity release (where permitted); (2) may be required to present a copy of a valid driver’s license or government issued photo ID as a condition of participating or receiving any prize; and (3) pay all applicable taxes (including, but not limited to, all local, state and federal taxes) on their respective prize award. 

 

Prize Award (maximum 500 winners):  Each eligible entrant designated as a prize winner shall be awarded the following prize: two (2) Smithworks branded Heartland Holiday Beanies, with an approximate retail value (“ARV”) of $20.00 per prize award ($10.00 each per Beanie).

 

Total ARV of all available prize awards:  $10,000.  All merchandise 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 registration and/or as provided during winner notification, via the shipping carrier as determined and designated by Sponsor (i.e. UPS, USPS or other Sponsor designated carrier), or as otherwise specified by Sponsor.  Allow 8 – 12 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.  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.  Failure to collect or properly claim 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. 

 

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 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.

 

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.

 

Sponsor reserves the right to cancel, modify, reschedule or terminate the Sweepstakes 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 Sweepstakes, 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 prize winners in a random drawing 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, 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 Entry.  Each Entrant agrees Sponsor is the exclusive owner of all rights in and to such Entry and/or submission, 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 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, without compensation to Entrant.

 

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 a prize winner are dependent upon the total number of eligible entries received as of the date and time of each drawing as outlined above. 

 

Official Rules & Winners List:  For a copy of these Official Rules, send a self-addressed stamped envelope to be received by 2/15/2022 to: Smithworks Vodka Heartland Holiday Beanie Sweepstakes, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.  PLEASE SPECIFY which you are requesting, official rules or winners list.

 

Privacy Policy: Sponsor shares your concerns about the privacy of your personal information. By entering this Sweepstakes, entrants agree to receive marketing materials, communications and other materials from the Sponsor and/or any promotional partners whose products and services Sponsor feels might interest entrants at a future date. An entrant not interested in receiving future promotional offers should write to: [email protected] to notify the Sponsor that he or she does not desire to receive such materials.

 

Sponsor:  This Sweepstakes is sponsored by Pernod Ricard, 250 Park Avenue, New York, NY 10177.

 

Sweepstakes Administrator:  The Sweepstakes is administered by Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095.

 

 

This Sweepstakes is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Twitter.  Twitter has no liability or responsibility for any claim arising in connection with this Sweepstakes or any prize(s) awarded in connection therewith.

 

 

PLEASE ENJOY RESPONSIBLY.

SMITHWORKS™ Vodka. Distilled from Corn. Made in the USA. 40% Alc./Vol. (80 Proof).

©2021 Smithworks Vodka, Ft. Smith, AR.