Tincup Mountain Whiskey VR Headset Sweepstakes
Official Rules
NO PURCHASE OR TEXT
MESSAGE NECESSARY TO ENTER OR WIN.
MAKING A PURCHASE OR SENDING A TEXT DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN
THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (COLLECTIVELY, THE “U.S.”),
AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE OFFICIAL 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 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: Tincup Mountain Whiskey VR Headset Sweepstakes (the
“Sweepstakes”).
Sponsor:
Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ
07302 (“Sponsor”).
Administrator:
Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095
(“Administrator”).
Sweepstakes Dates: The Sweepstakes registration begins at
12:00:01 am Eastern Time (“ET”) on August
1, 2021 and ends at 11:59:59 pm ET on October
31, 2021 (the “Registration Period”).
The Sweepstakes is subject to
all applicable federal, state and local laws and regulations. Void outside the U.S. and wherever prohibited or restricted by law.
Who may Enter: The Sweepstakes is open only to documented
residents of the U.S., who are age twenty-one (21) or older as of the date of
entry and have a valid U.S. driver’s license or government issued photo I.D.,
except the following persons who are not eligible to enter, participate or win:
employees, officers, and directors of Sponsor, Administrator, each of their respective
franchisees, parents, affiliated companies, subsidiaries, wholesalers,
distributors, alcoholic beverage retailers, printers, advertising and promotion
agencies, and any and all other companies associated with the design or
execution of this Sweepstakes, and the immediate family members or households,
whether or not related, of any of the above. “Immediate family members”
includes, for purposes of this Sweepstakes, parents (including in-laws and
step-parents), grandparents, siblings (including step-siblings and
half-siblings), children (including step-children), grandchildren (including
step grandchildren) and each of their respective spouses, regardless of where
they reside.
How to Enter: There are two (2) methods of entry.
1.
Text: You may initiate participation via text
during the Registration Period, if you are located within the U.S. and 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 (TINCUP) in
the body of the message. You will
receive an automated text reply providing a link to the Sweepstakes website at www.TinCupWhiskey.com/Climb (the “Sweepstakes Website”). 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.
2. Online
Registration: To enter
directly online (without sending a text), scan the QR code on applicable
point of sale materials or visit the Sweepstakes website 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 and any other information requested on the
Sweepstakes Website. After having read
and agreed to these Official Rules, click the submit button to submit your
online entry.
By
your entry into the Sweepstakes, you are providing express written consent to
Sponsor, Administrator and their respective designees to contact you with
promotional messages using automated/pre-recorded/artificial technology,
including through email, text messages or phone calls.
All entries must be
submitted by 11:59:59 pm ET on October 31, 2021 to be eligible. Maximum of one (1) entry per person per day
during the entire Registration Period, regardless of method of entry. 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, 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, address or any other statement
relating to an entrant’s eligibility for the Sweepstakes, shall render the
corresponding entries ineligible.
All
entries in the Sweepstakes will become the sole property of Sponsor and will
not be returned. 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 entry 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 or other inaccurate information will be
disqualified. Sponsor, Administrator and
their respective equity holders, owners, partners, members, directors,
managers, officers, employees, consultants, contractors, lenders, advisors,
sponsors, volunteers, insurers, agents, attorneys, representatives, successors
and assigns (“Released
Parties”) are not responsible for lost, late, misdirected, incorrect,
illegible, incomplete, invalid, unintelligible or damaged entries, or for any
entry 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 entrant’s or any other person’s computer relating to or resulting
from participation in this Sweepstakes; 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 such entries will be disqualified.
In the event
of a dispute as to any entry, 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 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.
Proof of being the authorized account holder may be required.
By participating and
submitting an entry, entrants agree that Sponsor and participating parties are
authorized to contact them via email, mail, phone, or any other form of media
to make entrants aware of information pertinent to the Sweepstakes, and to
distribute information regarding the Sponsor(s) featured products, special
events or promotional offers. Entrants
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 U.S. apply to and govern
this Sweepstakes and any claims must be raised and resolved in the U.S. Any information collected by registering and
entering the Sweepstakes shall be used only in a manner consistent with these
Official Rules and with Sponsor’s Privacy Policy. By entering the Sweepstakes,
each entrant agrees that s/he may be contacted, recorded and/or broadcasted by
Sponsor, and that his/her comment, 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
proximospirits.com/privacy/.
Winner Selection and
Notification (five (5) winners): On or about November 2, 2021,
Administrator shall conduct a random prize drawing from among all eligible
entries received from all entry methods combined to select a maximum total of five
(5) potential winners. If eligible
entries are less than the scheduled number of prizes available, then the
difference between the entries and scheduled number of prizes available shall
not be awarded.
·
Note: There is a
maximum of one (1) prize award per person or household.
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 via phone and/or email
following their selection and determination as a potential winner. 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 email address or phone number 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 prize award (see
below). If a selected winner does not
meet the eligibility requirements, 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: (1) shall be required to 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 and valid social security card as a condition of participating or
receiving any prize; and (3) shall be required to pay all applicable taxes
(including, but not limited to, all local, state and federal taxes) on their
respective prize award.
Prize Award (maximum five
(5) winners): Eligible entrants designated as prize winners
shall be awarded the following prize:
Approximate retail value (“ARV”) of each prize award: $428.99. Total
ARV of all available prize awards: $2,144.95.
General Prize
Conditions: No alcoholic beverage is part of any prize
award. Prize awards shall be shipped
to winner’s residential address as provided at the time of entry and/or winner
notification via USPS or other Sponsor designated shipping/mail carrier. Allow eight to twelve (8-12) weeks for prize
delivery. Once shipped, the prize shall
be considered awarded, delivered and fulfilled, and Sponsor shall have no
responsibility for any shipment that is delayed, damaged, lost, misdelivered,
undelivered or stolen, or or any incorrect shipping address provided by
winner. In the event of any delivery
issues, prize award shall not be replaced or substituted with any alternate
prize award or compensation. Winner
shall look solely to shipping carrier for any lost, damaged, misdelivered, undelivered,
stolen or delayed shipment.
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 prizes are awarded as is, without any
warranty, express or implied, by Sponsor.
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 (1) of comparable or greater value, at its sole
discretion. Failure
to collect or properly claim prize in accordance with these Official 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.
Additional Rules and
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 Official Rules,
he/she will be required to forfeit the prize or to reimburse Sponsor for the
stated ARV of the prize if such violation is discovered after winner has used
the prize. Participation in the
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 in
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 Force Majeure Event. The term “Force Majeure Event” as used herein
shall mean, without limitation, the following:
acts of God; strikes, lockouts or other labor or industrial
disturbances; acts of public enemies; war; cyber-attack; orders or restraints
of any kind from any governmental, civil or military authority or from any of
its departments, agencies or officials (except when such governmental action
results from a party’s failure or refusal to comply with any applicable law,
rule, or regulation); insurrections; riots; power failure or surges;
landslides; earthquakes; fires; storms; lightning; droughts; floods;
explosions; pest damage; viruses; plagues; diseases; epidemics; pandemics; acts
or omissions of communications or other carriers; and any other cause or event
not reasonably within the control of the Released Parties.
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 an entrant to complete or continue an entry due to equipment malfunction,
busy lines, inadvertent disconnections, acts beyond the Sponsor’s control
(including, without limitation, a Force Majeure Event), 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 limitation, errors which may occur in
connection with the printing or advertising of this Sweepstakes, administration
or execution of the Sweepstakes, the cancellation of the Sweepstakes, 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 for any
reason, including, but not limited to, fraud, misconduct, regulatory
requirement, Force Majeure Event or as required by applicable law, or if any
technical failures, internet difficulty or programming error 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
any prize winners from among all eligible, non-suspect entries received as of
the time/date of such termination.
IN CASE OF DISPUTES: By
participating in this Sweepstakes, each entrant agrees that: (1) any and all
disputes, claims and causes of action arising out of or in connection with this
Sweepstakes, 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 York in the County of
New York; (2) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, and in no event shall entrant be entitled to receive
attorneys' fees or other legal costs; and, (3) under no circumstances, shall
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 Sweepstakes, shall be governed by, and construed in
accordance with the laws of the State of New York, without giving effect to any
choice of law or conflict of law rules or provisions (whether of the State of
New York or any other jurisdiction), that would cause the application of the
laws of any jurisdiction other than the State of New York.
DISCLAIMER OF WARRANTIES:
SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE”
BASIS. SPONSOR DOES NOT REPRESENT OR
WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (1) WILL BE
UNINTERRUPTED OR SECURE; (2) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS;
OR (3) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE RELEASED PARTIES MAKE NO WARRANTIES OTHER
THAN THOSE MADE EXPRESSLY IN THESE OFFICIAL RULES, AND HEREBY DISCLAIM ANY AND
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Odds: Odds
of winning a prize award are dependent upon the total number of eligible
entries received.
Official Rules and Winners
List: For a copy of these Official Rules or the
name of prize winners, send a self-addressed stamped envelope to be received by
December 15, 2021 to: Tincup Mountain Whiskey VR Headset Sweepstakes, c/o
Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
©2021 Proximo,
Jersey City, NJ. Please drink
responsibly.