*CONTEST CLOSED* - old elk bourbon month giveaway contest
OLD ELK BOURBON MONTH GIVEAWAY CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
The Old Elk Bourbon Month Giveaway Contest (the “Contest”) is sponsored and administered by Old Elk Distilleries, LLC (“Sponsor”), 401 W Mountain Ave., Suite 200, Fort Collins, CO 80521. Participation in the Contest constitutes entrant’s full and unconditional acceptance of these official Contest rules (the “Official Rules”) and the decisions and interpretations of Sponsor, including, without limitation, decisions regarding eligibility, winner selection, and the awarding of the Prizes (defined below), which are final and binding in all matters related to the Contest.
1. ENTRY AND CONTEST PERIODS:
CONTEST ENTRY PERIOD: The Contest has one (1) entry period, and begins on September 1, 2022, at 12:00 PM Eastern Time (“ET”) and ends on September 30, 2022, at 11:59:59 PM ET (“Contest Entry Period”), with an approximate prize determination date of October 7, 2022. Non-winning entries will not carry forward into subsequent contests or sweepstakes. The Sponsor’s computer is the Contest’s official clock.
CONTEST PERIOD: The Contest begins on September 1, 2022, 12:00 PM ET, and ends on October 5, 2022, at 11:59:59 PM ET (the “Contest Period”), with an approximate prize determination date of October 7, 2022.
2. ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States (including the District of Columbia), excluding Alabama, Indiana, Maine, Maryland, North Carolina, Vermont, and West Virginia, who are at least twenty-one (21) years old at the time of entry. Employees of Sponsor, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void in Alabama, Indiana, Maine, Maryland, North Carolina, Vermont, West Virginia, and where prohibited or restricted by law.
3. HOW TO ENTER: During the Contest Entry Period, there is one (1) way to enter the Contest via Instagram, Inc. (“Instagram”) to receive one (1) Contest entry (“Entry”):
a. All entrants must participate in the Contest through their personal Instagram account. By entering the Contest, entrant hereby agrees to be bound by these Official Rules. Entries will be deemed made by the authorized account holder of the Instagram account used to participate in the Contest. The “authorized account holder” is the person who is assigned to the Instagram account by the online service provider. Entrants may create an Instagram account at no cost by logging on to http://instagram.com. Creation of an Instagram account requires a contestant to agree to Instagram’s Terms of Service and Privacy Policy, available at http://instagram.com/about/legal/terms/ and http://instagram.com/about/legal/privacy/, respectively.
b. Entrants must sign into his/her Instagram account (entrant may create an Instagram account for free if he/she does not already have one);
c. Become a follower of @oldelkbourbon on Instagram (if not already following @ oldelkbourbon). There is no charge to sign up for Instagram or to follow @oldelkbourbon.
d. Entrant must create a piece of art (the “Artwork”) using the following guidelines:
a. The Artwork may be of any style that entrant can make with their own hands.
b. The Artwork must be:
i. Created using materials that were previously used for bourbon or whiskey-related purposes (i.e., whiskey barrels, whiskey chips, etc.); or
ii. A photo or video that features the sentiment “oldelkinthewild” and brings that sentiment to life.
e. Entrant must visit https://docs.google.com/forms/d/e/1FAIpQLSe8BQhUv8UdsbRAiMvLiAEmGH9I2w20S-kLanRV0yWshiR1sg/viewform (“Entry Form”) and submit the following information in the Entry Form, no than September 30, 2022, at 11:59:59 PM ET:
a. Entrant’s first name;
b. Entrant’s last name;
c. Entrant’s email address;
d. Entrant’s state of domicile;
e. Entrant’s Instagram handle/username;
f. A high resolution photo or video of the Artwork;
h. An affirmation that entrant has complied with the entry requirements in these Official Rules; and
h. An affirmation that entrant has read and agreed to complied with these Official Rules;
(Collectively, the “Entry Submission).
f. An entrant must be a follower of @oldelkbourbon on Instagram until October 7, 2022, at 11:59:59 PM ET for potential winner notification purposes to be eligible to win/claim a Prize.
Due to the way Instagram operates its services, an Entry or participation from users with protected or private accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may have difficulty receiving messages or other Contest information, including Prize notifications, from Sponsor, and Sponsor assumes no liability whatsoever in connection to any such communication difficulties, delays, or impossibilities. Sponsor assumes no liability whatsoever in connection to an entrant’s use of the Entry Form, including communication difficulties, delays, impossibilities, errors, or otherwise, when submitting an Entry Submission. If an entrant enters from his/her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Google LLC (“Google”).
Entry Requirements: All entries must comply with the following restrictions (“Entry Requirements”):
Entrants may not have any ownership interest in a business that holds an on or off premise retail liquor license.
Entry must be in English (except for commonly understood foreign words);
Entry must comply with Instagram’s terms of use located at: http://instagram.com/about/legal/terms/;
Entry cannot have been published previously by any party other than the entrant;
Entry must be suitable for publication (i.e., may not be obscene or indecent);
Entry cannot contain trademarks, logos, or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Sponsor’s;
Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;
Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot describe or depict any illegal activity or violation of any state or federal law;
Entry must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
Entry must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests, or encourages:
excessive or irresponsible consumption of alcohol;
gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
If any Entry fails to comply with any of Entry Requirements or any other provisions of these Official Rules, at Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.
By participating in the Contest, entrant understands that he or she is providing his or her information to Sponsor and not Instagram. Further, entrant specifically agrees to release Instagram from any and all liability associated with this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or any of its affiliates.
ENTRY LIMIT: There is a limit of one (1) Entry per person.
4. JUDGING OF THE CONTEST: Judging will occur in the following order:
a. Round One: Employees of Sponsor will judge the Entry Submissions based on the following criteria:
i. Creativity of the Entry Submission (5 points);
ii. Connection of the Entry Submission to the Old Elk Brand (5 points); and
iii. The background story of the Entry Submission and the inspiration of the Entry Submission (5 points).
The top fourteen (14) Entry Submissions with the highest scores (“Semifinalist Entry Submissions”) will proceed to Round Two. If there is a tie, Sponsor may, at Sponsor’s sole discretion, advance more or less than fourteen (14) Entry Submissions to Round Two.
b. Round Two: Sponsor will post all eligible Semifinalist Entry Submissions to @oldelkboubon’s Instagram Stories from October 1, 2022, at 12:00 PM ET, through October 5, 2022, at 11:59:59 PM ET (the “Voting Period”). Instagram users then view @oldelkbourbon’s Instagram Story, which will feature all eligible Semifinalist Entry Submissions during the Voting Period. Instagram users will vote on their favored Semifinalist Entry Submission to win via Instagram Story Polls during the Voting Period. At the close of the Voting Period, Sponsor will total the number of votes received for each entrant. The one (1) entrant with the most votes is the winner of the Grand Prize (as hereinafter defined). While excluding the winner of the Grand Prize, the next two (2) entrants with the most votes are each the winner of one (1) Community Prize (as hereinafter defined). While excluding the winner of the Grand Prize, and the winners of the Community Prizes, the next three (3) entrants with the most votes are each a winner of one (1) Sensory Prize (as hereinafter defined).
c. Tiebreak Round: If there is a tie for any of the aforementioned Prizes in Round Two, the winner of any Prize will be determined as follows:
i. Employees of Sponsor will judge the Semifinalist Entry Submissions that have tied scores based on the following criteria:
1. Creativity of the Entry Submission (5 points);
2. Connection of the Entry Submission to the Old Elk Brand (5 points); and
3. The background story of the Entry Submission and the inspiration of the Entry Submission (5 points).
The entrant with the highest score is the winner of the tiebreak.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS CONTEST ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS CONTEST.
5. CONTEST WINNER: On or around October 7, 2022, Sponsor will select:
a. One (1) potential winner of the Grand Prize (as hereinafter defined);
b. Two (2) potential winners of one (1) Community Prize (as hereinafter defined) each;
c. Three (3) potential winners of one (1) Sensory Prize (as hereinafter defined) each;
for a total of six (6) potential winners. The winners will be chosen based on the criteria set forth in Section 4 of these Official Rules. The winners are each considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
6. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Prizes (six (6) total): The Contest has six (6) potential prizes (each a “Prize” and collectively the “Prizes”). The Prizes are:
a. Grand Prize: Includes one (1) all-expense paid trip to Fort Collins, Colorado where the winner will spend the day sampling whiskey with Sponsor and Sponsor’s employees at Sponsor’s distillery, located at 1415 Blue Spruce Drive, Fort Collins, Colorado, and will create a unique whiskey blend from Sponsor’s existing whiskey barrel inventory (the “Blend Your Own Bottle Experience”). In total, the Grand Prize includes the following:
i. The Blend Your Own Bottle Experience;
ii. One (1) case of whiskey, consisting of six (6) 750ml bottles of the whiskey created during the Blend Your Own Bottle Experience;
iii. If winner is domiciled more than 250 miles away from Fort Collins, Colorado, one (1) round trip, economy fare airline ticket from winner’s domicile state to Denver, Colorado, on an airline of Sponsor’s choosing;
iv. One (1) two-day rental car, from the rental car agency of Sponsor’s choice, including a stipend of $150 for vehicle-related travel expenses, including gasoline and highway tollway fares (“Gas Stipend”);
v. Hotel reservations for one (1) night in Fort Collins, Colorado, at a hotel of Sponsor’s choosing; and
vi. A total stipend of $400 for meals and beverages (the “Meal Stipend”), beginning the day the winner of the Grand Prize arrives in Colorado and extending to the calendar day immediately thereafter (the “Meal Stipend Period”);
(Collectively, the “Grand Prize”). Any other costs and expenses not described in these Official Rules are the Prize recipient’s sole responsibility. Travel associated with the Grand Prize must be completed within one (1) year from the award date. Travel is subject to availability and must be requested a minimum of four (4) weeks prior to the requested departure date. Blackout periods apply, to be determined at Sponsor’s sole discretion. If the winner of the Grand Prize is unable to travel during the Travel Period, he or she may be required to forfeit the Grand Prize and an alternate winner may be selected, at Sponsor’s sole discretion. Any difference between the Gas Stipend and the amount the winner of the Grand Prize spends on vehicle-related travel expenses will not be awarded. Any difference between the Meal Stipend and the amount the winner of the Grand Prize spends on meal or beverage expenses will not be awarded. Neither the Gas Stipend nor the Meal Stipend will extend before or after the Meal Stipend Period. The Grand Prize has an ARV of USD $2,000. Any difference between stated ARV and actual value of the Grand Prize will not be awarded.
b. Community Prize: Includes two (2) USD $500 Visa gift cards, and one (1) USD $1,000 donation from Sponsor to the Food Bank for Larimer County in prize winners’ names, to be distributed as follows:
i. One (1) USD $500 visa gift card will be given to the first Community Prize winner (“Community Prize Winner #1”);
ii. One (1) USD $500 Visa gift card will be given to the second Community Prize winner (“Community Prize Winner #2”);
iii. Sponsor will donate $500 to the Food Bank for Larimer County, located at 5706 Wright Drive, Loveland, CO 80538, a 501(c)(3) nonprofit organization, with employer identification number 74-2336171, in the name of Community Prize Winner #1; and
iv. Sponsor will donate $500 to the Food Bank for Larimer County, located at 5706 Wright Drive, Loveland, CO 80538, a 501(c)(3) nonprofit organization, with employer identification number 74-2336171, in the name of Community Prize Winner #2;
(Collectively, the “Community Prize”). Each Community Prize has an ARV of USD $1,000. Collectively, the Community Prize has a total ARV of USD $2,000.
c. Sensory Prize: Includes three (3) invitations (each an “Invitation”) to join Sponsor’s internal Sensory Panel, to be distributed as follows:
i. One (1) Invitation will be given to the first Sensory Prize winner.
ii. One (1) Invitation will be given to the second Sensory Prize winner.
iii. One (1) Invitation will be given to the third Sensory Prize winner.
If a Sensory Prize winner accepts an Invitation, they will become a voluntary member of Sponsor’s Sensory Panel (“Panel Member”), which consists of:
i. Voluntary membership on Sponsor’s Sensory Panel from January 1, 2023, through December 31, 2023 (the “Membership Period”);
ii. One (1) hour of virtual training by Sponsor’s employees regarding different types of whiskies, and tips for how to be an effective member of the Sensory Panel;
iii. Receipt of two (2) 100ml sample bottles of Sponsor’s products, twice during the Membership Period, for a total of four (4) 100ml samples total during the Membership Period; and
iv. Panel Member may provide comments to Sponsor and other Panel Members regarding Sponsor’s samples, which Sponsor will consider before releasing new products;
(collectively, the “Sensory Prize”). Each Sensory Prize has an ARV of USD $1,000. Collectively, the Sensory Prize has a total ARV of USD $3,000. Any difference between stated ARV and actual value of the Sensory Prize will not be awarded. Prior to becoming a Panel Member, potential Sensory Prize winners will be asked to sign a Non-Disclosure Agreement with Sponsor. Any Panel Member may be disqualified from the Contest, and removed from the Sensory Panel, for violating these Official Rules.
The Prizes will each be awarded after entrant’s completion of the following forms, if requested by Sponsor: (1) an IRS Form W-9 (“W-9”); (2) a confirmation of Contest eligibility (“Confirmation”); and (3) a unilateral non-disclosure agreement in favor of Sponsor, in substantially the form set forth at www.oldelk.com/bourbon-month with respect to certain proprietary information that may be provided by Sponsor as a component of a Prize (“NDA”). The W-9, Confirmation, and NDA must be returned to Sponsor within seven (7) business days from the date that the potentially winner receives the W-9, Confirmation, and NDA. Any potential winner who fails to sign and return the W-9, Confirmation, or NDA within the required time period is not in compliance with these Official Rules, which may result in forfeiture of a potential winner’s right to claim a Prize, and may result in the Prize being awarded to an alternate winner, if time permits. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason.
No more than one (1) Prize will be awarded to any entrant. No more than a total of six (6) Prizes will be awarded total.
1. Total ARV: The total ARV of the Prizes is USD $7,000.
2. Odds of Winning: The odds of winning any the Prize depends on the number of eligible Contest Entry Submissions received during the Contest Entry Period.
3. General Conditions: There is a limit of one (1) Prize per person. In no event will more than six (6) Prizes be awarded total. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes by determining the correct winner in accordance with these Official Rules. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize, or component thereof, of equal or greater value in case of unavailability a Prize or a Prize component. No Prize is redeemable for cash. Winners are responsible for any applicable local income tax.
7. HOW TO CLAIM A PRIZE: Each potential winner is subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be notified via email from Sponsor with instructions on how to claim his/her Prize. Each potential winner must respond to such email from Sponsor winner notification within twenty-four (24) hours or they may, at the Sponsor’s sole discretion, be disqualified. Failure to provide all required information, proof of identification, and eligibility as required by Sponsor within the stated time period may result in forfeiture of a winner’s right to claim a Prize, and may result in the Prize being awarded to an alternate winner, if time permits. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason. Each potential winner must continue to comply with all terms and conditions of these Official Rules and winning any Prize is contingent upon fulfilling all requirements. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, the winner notification is returned as undeliverable, or if Sponsor is unable to send an email to a potential winner, or a potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if a potential winner does not answer the initial notification, his/her Prize may be forfeited. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at Sponsor’s sole and absolute discretion, selected based on the entrant with the next-highest amount of votes received during the Voting Period. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded. The Prize is not transferable and includes only the items specifically listed as part of the Prize. Any portion of a Prize not accepted by a winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the respective Prize won. All other costs and expenses not expressly set forth herein shall be solely applicable winner’s responsibility. Each Prize will only be awarded to a verified winner.
8. LIMITATION OF LIABILITY: By participating in this Contest, entrants agree that Sponsor, Instagram, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents, Instagram, Inc., (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sponsor is not responsible for any unanswered or undeliverable winner notifications.
By entering the Contest, each entrant represents and warrants that he or she is at least twenty-one (21) years of age and has complied with all Instagram requirements and terms regarding the use of their services in connection with the Contest. Entry Submissions that do not comply with the above requirements and these Official Rules may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules
By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of a winner in a manner it deems fair and reasonable, including the random selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, Sponsor reserves the right to award the intended number of Prizes by determining the correct winner in accordance with these Official Rules. Notice of such cancelation, termination, or modification of the Contest shall be posted at www.oldelk.com/bourbon-month.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
9. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LARIMER COUNTY, COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LARIMER COUNTY, COLORADO. IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTEST, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SPONSOR AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PRIVACY: Submission of personal contact information in connection with the Contest (whether or not required), including, without limitation, name, mailing address, phone number, and email address, constitutes permission for Sponsor to use such personal contact information for purposes of administration of the Contest. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons; however, eligibility to participate in the Contest is not dependent upon entrant’s consent to be added to such database and consenting to be added to such database will not impact any entrant’s chances of winning. Entrants may opt-out of receiving such communications as set forth in Sponsor’s privacy policy (located at https://www.oldelk.com/privacy and/or www.oldelk.com/bourbon-month) or as provided within any marketing materials (e.g., using the “Unsubscribe” feature in each Sponsor email). Entrants understand that they are providing their personal contact information to Sponsor and not to any other person or entity. Except to the extent contained in an Entry, the personal contact information entrants provide will only be used in accordance with Sponsor’s privacy policy. Each Contest winner’s name will be included in a publicly-available winners list.
11. PUBLICITY RIGHTS: By participating in this Contest, each entrant grants Sponsor and Sponsor’s designee, including the @oldelkbourbon Instagram account, the perpetual right to use his/her name, biographical information, likeness, picture, Artwork, and other information and content solely as provided in his or her Entry for any purpose related to or in connection with the Contest and for promotion, trade, commercial, advertising and publicity purposes of Sponsor, in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval, and without additional consideration or compensation, except where prohibited by law. Entrant understands and agrees that the only compensation entrant will receive for granting this right is the publicity he or she may receive by the publication or broadcasting of the entry into the Contest.
12. GENERAL: Any attempted form of participation in this Contest other than as described herein is void. Sponsor reserves the right to disqualify any entrant found or suspected, in Sponsor’s sole and absolute discretion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any attempted form of participation in this Contest other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
14. OTHER CONDITIONS: Sponsor reserves the right at any time, in its sole discretion and without prior notice to entrants, to amend or modify the Official Rules or modify, suspend, or cancel the Contest for any reason, including, without limitation, in the event that any cause beyond the reasonable control of Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest. In the event of a cancellation, a winner will be chosen based on the total number of votes entrants have received as of the cancellation date.
15. WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, The Old Elk Bourbon Month Giveaway Contest, 401 W. Mountain Avenue, Suite 200, Fort Collins, CO 80521. Winner List requests must be received no later than November 8, 2022.
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