Diageo Beer Smirnoff -Summer Of 2021 Dreams Sweepstakes

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SMIRNOFF “SUMMER OF 2,021 DREAMS” PROMOTION
NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 48
CONTIGUOUS UNITED STATES AND WASHINGTON, DC, WHO ARE 21 YEARS OF
AGE OR OLDER. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED OR
RESTRICTED BY LAW.
.
1. Promotion Overview.
The Promotion begins at or after 12:01 a.m. Eastern Time (ET) on March 29, 2021 and ends at
11:59:59 p.m. (ET) on August 15, 2021. The Promotion consists of a Sweepstakes (with certain
prizes awarded via chance/random drawing) and a Skill Contest (with other prizes awarded
based on a judging panel’s evaluation of the comparative quality of certain prescribed content
submitted by entrants). See Rule 4 for a listing of prizes offered in the Sweepstakes; see Rule 6
for a listing prizes offered in the Skill Contest. By completing and submitting an entry form, you
will be entered in the Sweepstakes) assuming that you are eligible. You may – but are NOT
required to – also enter the Skill Contest. (If you choose to enter the Skill Contest, you must do
so during the same on-line session as when you enter the Sweepstakes.)
Internet access and valid e-mail address are required to participate in the Promotion.
If accessing the Promotion via mobile device, wireless Internet access and/or other fees may
apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular
phone providers carry necessary service to enter via mobile website. Wireless Internet access is
not available in all areas.
2. How To Enter.
Go to https://www.smirnoff.com/2021Dreams (“Website”) and verify your age.
Then, following the on-screen instructions, provide your name, complete street address (no P.O.
Boxes), e-mail address, phone number and date of birth.
WARNING: BY VERIFYING YOUR AGE AND THEREAFTER PROVIDING YOUR
DATE OF BIRTH, YOU REPRESENT AND WARRANT THAT SUCH INFORMATION
IS TRUE AND CORRECT WITH THE UNDERSTANDING THAT, IN ACCEPTING
YOUR ENTRY, SPONSOR IS ACTING ON DIRECT RELIANCE ON THIS
REPRESENTATION AND, IN THE ABSENCE OF SAME, SPONSOR WOULD NOT
HAVE PERMITTED YOU TO ENTER THE PROMOTION. YOU FURTHER
DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED
STATES OF AMERICA THAT YOUR DATE OF BIRTH (AND OTHER PERSONAL
INFORMATION) IS TRUE AND CORRECT.
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If you are only interested in entering the Sweepstakes, click “Submit.”
But, if you wish to also participate in the Skill Contest, provide your response to the following
question in the designated area of the entry form: Tell or show us how you want to live your best
life this Summer. Your response may be in the form of statement (of no more than 200
characters) and/or a photo which is in compliance with the technical specifications of Website.
Then, click “Submit” for entry in the Skill Contest (as well as the Sweepstakes).
Regardless of whether one wishes to only enter the Sweepstakes or to enter the Sweepstakes
AND the Skill Contest, all entries must be received no later than 11:59:59 p.m. ET on
August 15, 2021. However, to be eligible to win certain prizes, an entry must be submitted
prior to the designated Entry Period deadlines for the Sweepstakes (as per Rule 3) and the
Skill Contest (as per Rule 5).
There is a limit of one (1) entry in the Sweepstakes and one (1) entry in the Skill Contest per
person per day (a day being defined as 12:00 a.m. ET [12:01 a.m. ET on March 29, 2021] to
11:59:59 p.m. ET); in addition, if a person wishes to enter the Skill Contest more than once, each
response to the Contest question must be different. Multiple entries in violation of these
limitations (as applicable) will automatically result in disqualification. Receipt of entry may be
acknowledged by Sponsor but any such acknowledgment is not binding other than indicating that
entry has been received.
No alterations or forged entries are permitted. The prize will be awarded to the name
corresponding to the e-mail address indicated on entry form.
Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions
or other equipment or service issues which might affect the ability of an individual to enter on-
line or the ability of the Sponsor to notify the winners. Sponsor assumes no responsibility for
lost, late, damaged, misdirected, illegible/garbled, corrupted, jumbled, inaccessible, incomplete,
incorrect entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical
reproductions will not be accepted. All entries become the property of the Sponsor and will not
be returned.
Entrants’ personal information will only be used for purposes of administration of Sweepstakes,
unless a participant expressly consents beforehand in writing to such other use by Sponsor. For
more information, please review Diageo’s Privacy & Cookie Notice at
https://footer.diageohorizon.com/dfs/assets/www.smirnoff.com/PrivacyPolicy_uen.html?locale=
uen-us as well as Diageo’s Conditions of Use at
https://footer.diageohorizon.com/dfs/assets/www.smirnoff.com/www.smirnoff.com_uen-
us_final_TnC.html. In the event of any discrepancy between the privacy & cookie notice and
these Official Rules, the privacy & cookie notice shall control and govern; in the event of any
discrepancy between the conditions of use and these Official Rules, the conditions of use shall
control and govern.
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3. Sweepstakes Winner Determination:
Winners will be determined via random drawing according to the following schedule.
Entry Period Start Date
@12:01 a.m. ET
End Date @
11:59:59 p.m.
ET
Approximate
Drawing Date
1 March 29, 2021 May 2, 2021 May 3, 2021
2 May 3, 2021 May 31, 2021 June 1, 2021
3 June 1, 2021 July 25, 2021 August 6, 2021
4 July 26, 2021 August 15, 2021 August 16, 2021
Non-winning entries received for one (1) Entry Period random drawing will be retained for
subsequent Entry Period random drawing(s). If any prizes are unawarded in the random
drawings for Entry Period #1, #2 or #3, Sponsor may (but is not obligated to) select winners
for such unawarded prizes in a subsequent Entry Period random drawing.
The random drawings will be conducted by an independent third-party judging agency
(“Judges”).
Odds of winning will be determined by the total number of eligible entries received for the
applicable Entry Period random drawing.
4. Sweepstakes Prizes
Entry
Period
Prize Quantity
1 SMIRNOFF
Summer
Prize Packa
700
2 SMIRNOFF
Summer
Prize Pack
400
2 Gift Cardb
250
3 SMIRNOFF
Summer
Prize Pack
200
4 SMIRNOFF
Summer
Prize Pack
115
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4 Gift Card 250
Both the SMIRNOFF Summer Prize Pack and the Gift Card have an approximate
retail value of $50 each.
a
Includes SMIRNOFF hat, towel, sunglasses, koozies, dry bag, and socks.
b
Issuer of Gift Card to be determined by Sponsor in its sole discretion; terms and conditions
apply.
TOTAL APPROX. RETAIL VALUE OF ALL SWEEPSTAKES PRIZES: $95,750.00.
5. Skill Contest Winner Determination:
The winners will be selected via evaluation by a judging panel according to the following
schedule:
Entry Period Start Date
(@12:01 a.m.
ET)
End Date
(@11:59:59 p.m.
ET)
Approximate
Judging Date
1 March 29, 2021 May 2, 2021 May 3, 2021
2 May 3, 2021 June 14, 2021 June 15, 2021
3 June 15, 2021 August 15, 2021 August 16, 2021
Non-winning entries received for one (1) Entry Period judging will be retained for
subsequent Entry Period judging(s). If any prizes are unawarded in Entry Period #1 or #2,
Sponsor may (but is not obligated to) select winners for such unawarded prizes in a
subsequent Entry Period judging.
The evaluation of entries will be conducted by a judging panel comprised of representatives
of Judges and members of the SMIRNOFF vodka and flavored malt beverage brand teams
based on the following criteria:
a. Creativity and originality (20%)
b. Persuasiveness of individual’s communication of how entrant wishes to live his/her best
life this Summer (50%)
c. Alignment with the spirit animating the SMIRNOFF brand portfolio. (25%)
d. Technical quality of statement and/or photo (5%)
In the event of a tie, the winner shall be the tied entrant who had the higher/highest score in the
criterion of “Persuasiveness of individual’s communication of how entrant wishes to live his/her
best life this Summer.”
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The judging panel shall take into account whether the entry included a statement, a photo or
both. Accordingly, to provide the strongest possible submission, entrants may wish to include
both a statement and a photo as their entry in the Skill Contest.
6. Skill Contest Prizes:
(a) Entry Period #1
Prize Quantity Approx. Retail
Value (per unit)
Customized
SMIRNOFF
recreational
vehicle, grill &
SMIRNOFF
branded itemsc
3 $100,050
Home Bard
1 $13,000
Summer
Experience
Prizee
15 Value
dependent on
prize option
chosen by
judging panel
Backyard Party
Gearf
40 Value
dependent on
prize option
chosen by
judging panel
c
Driver’s license (and perhaps additional operator’s license) and proof of insurance required to
take possession of recreational vehicle. Delivery must be taken by winner at his/her residence
within (60) days of notice of availability. Sponsor may delay delivery of recreational vehicle by
up to six (6) months due to availability. Winner understands and agrees that operating a
recreational vehicle is an inherently dangerous activity carrying a risk of injury.
d
Home bar includes liquor cabinet, signage, glasses and bar accessories. Laverne Cox (and/or
another personality) will provide a private greeting to winner via video teleconference.
e
Summer Experience is comprised three (3) different prize options, with the prize received by a
specific winner to be selected by judging panel:
(a)Paddleboard, with lessons from an instructor (Approximate Retail Value: $1000);
(b) Two (2) bicycles and a cycling outing (Approximate Retail Value: $1000);
(c) Backyard Party Kit includes cornhole, flying disc game, table, novelty serving tray and cooler
(Approximate Retail Value: $900).
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Paddleboard lessons and cycling outing to be provided by prize supplier of Sponsor’s sole
choosing. Advanced notice prior to date of paddleboard lessons/cycling outing required; date of
paddleboard lessons/cycling outing subject to availability and may exclude holiday dates.
Paddleboard lessons/cycling outing subject to expiration date; and, if not used by such date, prize
will be forfeited and Sponsor shall have no liability to winner under any legal theory.
f
Backyard Party Gear is comprised four (4) different prize options, with the prize received by a
specific winner to be selected by judging panel:
(a) Cooler and two “Bahama” chairs (Approximate Retail Value: $325);
(b) Mini-refrigerator (Approximate Retail Value: $430);
(c)
Cooler and one Adirondack chair (Approximate Retail Value: $545);
(d)
Cornhole, novelty serving tray and cooler (Approximate Retail Value: $530).
(b) Entry Period #2
Prize Quantity Approx. Retail
Value (per unit)
Flight for winner &
up to (3) guests on
private aircraft &
(4) SMIRNOFF
duffle bagsg
1 $20,400
Chartered Yachth
1 $20,000
Home Bar 1 $13,000
BBQ Backyard
Concerti
2 $6,710
Travel for winner
and up to 3 guests&
(4) SMIRNOFF
duffle bagsj
4 $5,400
Summer Experience
Prize
15 Value dependent on
prize option chosen
by judging panel
Backyard Party
Gear
20 Value dependent on
prize option chosen
by judging panel
g
Awarded as a voucher redeemable for one (1) roundtrip flight on a private air carrier of
Sponsor’s sole choosing. Available travel destinations limited to major U.S. cities. Advanced
notice prior to date of travel required; flight subject to availability and may exclude holiday
dates. Voucher subject to expiration date and, if not used by such time, prize will be forfeited and
Sponsor shall have no liability to winner under any legal theory. Additional restrictions apply.
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h
Use of chartered yacht for winner and up to (10) guests, each of whom must be 21 years or
older. A local celebrity/talent of Sponsor’s choosing will accompany winner and guests. Prize
supplier is of Sponsor’s sole choosing. Advanced notice prior to date of yacht charter required;
date of yacht charter subject to availability and may exclude holiday dates. Use of yacht charter
subject to expiration date; and, if not used by such date, prize will be forfeited and Sponsor shall
have no liability to winner under any legal theory
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Concert with local artist of winner’s choosing from curated list for winner and up to (10) guests,
each of whom must be 21 years or older. Advanced notice prior to date of concert required;
concert date subject to availability and may exclude holiday dates. Concert subject to expiration
date; and, if not used by such date, prize will be forfeited and Sponsor shall have no liability to
winner under any legal theory. Prize also includes (5) “Bahama” chairs, cooler and grill.
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Prize consists of travel voucher which may be redeemed for air travel and hotel stay. Issuer of
voucher is of Sponsor’s sole choosing. Voucher subject to expiration date and, if not used by
such time, prize will be forfeited and Sponsor shall have no liability to winner under any legal
theory. Additional restrictions apply.
(c) Entry Period #3
Prize Quantity Approx. Retail
Value (per unit)
Home Bar 1 $13,000
BBQ Backyard
Concert
2 $6,710
7. Additional Prize Restrictions:
FOR ALL PRIZES:
(a) any unspecified expenses involved in prize and acceptance and use are the winner’s sole
responsibility.
(b) To the extent that prizes (or elements or options or prizes) are not defined herein, Sponsor
shall determine the specific attributes of same in its sole discretion.
(c) If any element of prize/prize option is declined by winner, no substitute prize or
compensation will be awarded in lieu of same.
(d) Alcohol is not part of any prize.
FOR PRIVATE AIRCRAFT FLIGHT, BACKYARD CONCERT, CHARTERED YACHT
AND TRAVEL PRIZES:
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(a) Winner’s guests must be 21 years of age or older and must complete, sign and return a
Liability Release and Publicity Release (where lawful) prior to activity. If guest(s) fail to
do so or if winner chooses not to have the allotted number of guests participate in
activity, prize will be awarded in increments appropriate for actual number of attendees
(including winner) and Sponsor shall have no liability to winner under any legal theory.
(b) No insurance of any kind has been obtained for the benefit of winner or guests in
conjunction with acceptance and use of prize.
(c) WINNER AND GUESTS UNDERSTAND AND AGREE THAT ACCEPTANCE
AND USE OF PRIZE IS INHERENTLY DANGEROUS DUE TO COVID-
19/CORONAVIRUS PANDEMIC AND, TO THE FULLEST EXTENT
PERMITTED BY LAW, ASSUME ANY AND ALL RISKS OF ILLNESS OR
INJURY ASSOCIATED THEREWITH. SPONSOR RESERVES THE RIGHT
WITH LITTLE NOTICE AND WITHOUT LIABILITY OF ANY KIND TO
DELAY, MODIFY, SUSPEND OR REPLACE PRIZE ALTOGETHER WITH
SUBSTITUTE PRIZE OF EQUAL VALUE TO THE APPROXIMATE RETAIL
VALUE OF THE PRIZE DUE TO ECONOMIC AND/OR SOCIAL CONDITIONS
RELATED TO COVID-19/CORONAVIRUS.
(d) WINNER AND GUESTS FURTHER AGREE TO FULLY COMPLY WITH ANY
AND ALL APPLICABLE GOVERNMENT MANDATES AND PRIZE SUPPLIER
GUIDELINES IN CONJUNCTION WITH PRIZE ACCEPTANCE AND USE,
INCLUDING WEARING A MASK, SOCIAL DISTANCING, COVID-
19/CORONAVIRUS TESTING.
FOR PRIVATE AIRCRAFT FLIGHT, BACKYARD CONCERT, TRAVEL, SUMMER
EXPERIENCE, CHARTERED YACHT, PRIVATE GREETING COMPONENT OF
HOME BAR PRIZES:
Winner and guests must act at all times in an appropriate, respectful and well-behaved manner at
all times, following all instructions provided as to prize acceptance and use (for Chartered Yacht
Prize, such instructions include water safety guidelines). Failure to do so may result in
termination of prize and, in such event, Sponsor shall have no liability to winner under any legal
theory.
FOR BACKYARD CONCERT, CHARTERED YACHT AND PRIVATE GREETING
COMPONENT OF HOME BAR PRIZES:
Participation of talent (including Ms. Cox) is subject to availability. If talent is not available for
any reason, Sponsor’s liability shall be limited to the other elements of prize as well as replacing
talent with an alternative of its sole choosing. If talent is unavailable for any reason, no alternate
prize or compensation will be awarded. For Backyard Concert and Chartered Yacht, talent may
sign autographs, pose for selfies and engage in similar activities at their sole discretion. For
Private Greeting component of Home Bar Prize, winner must attend video teleconference from
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private, secure location and agrees not to share the video teleconference with any persons who
are under (21) years of age.
FOR PRIVATE AIRCRAFT FLIGHT AND TRAVEL PRIZES:
It is the winner’s sole responsibility to arrange transportation to and from the airport nearest
winner’s residence; and winner and guest must travel together on the same itinerary as set by
Sponsor in its sole discretion.
FOR BACKYARD CONCERT AND CHARTERED YACHT PRIZES:
Award of prize is conditioned on weather conditions as determined by Sponsor or prize supplier
in their sole discretion, resulting in postponement and re-scheduling of applicable prize activity.
8. Winner Notification:
Winners will be notified by e-mail and/or phone (method[s] of notification being of
Sponsor’s sole choosing.)
Winners of Skill Contest Prizes will be required to sign an Affidavit of Eligibility, a
Liability Release and a Publicity Release (where lawful) within three (3) days of notification
or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion.
If winner of Skill Contest Prize cannot be located or does not respond to attempt to be
notified within three (3) days, prize will automatically be forfeited, and an alternate winner
may be selected at Sponsor’s sole discretion.
At Judges’ sole discretion, winners of Sweepstakes Prizes may be required to sign a
Declaration of Eligibility, a Liability Release and a Publicity Release (where lawful) within
an indicated time period or prize will be forfeited and may be awarded to another winner at
Sponsor’s sole discretion. If winner of Sweepstakes Prize cannot be located or does not
respond to attempt to be notified within one (1) day, prize will automatically be forfeited,
and an alternate winner may be selected at Sponsor’s sole discretion.
Winner agrees that an electronic signature/affirmation or facsimile version of
Affidavit/Release or Declaration/Release (the latter, if applicable) shall have the same legal
force and effect as if hand-signed. Notwithstanding the foregoing, should Sponsor or Judges
determine in their sole discretion that the electronic signature is unreliable or inadequate,
Sponsor and Judges reserve the right to condition prize award upon winner’s return of the
actual, hand-signed document.
Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her
name, likeness and biographical data for advertising and promotional purposes by Sponsor
and its designees without additional compensation. Without limitation, winner of
customized recreational vehicle prize agrees to make him/herself available for participation
in prize award ceremony upon Sponsor’s request in early/mid-May 2021, without additional
compensation. (However, Sponsor shall not have any liability under any legal theory should
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it choose not to proceed with the prize award ceremony for one or more winners of
customized recreational vehicle prize for any reason.)
Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend,
cancel or terminate the promotion without notice or further obligation.
Prize information will be provided to winner upon proof of eligibility. Winner must furnish
valid proof of age (for example, a driver’s license, birth certificate or passport). An
Affidavit/Release or Declaration/Release (the latter, if applicable) must be provided to
Judges before prize can be received. Prize will not be awarded unless the Affidavit/Release
(or Declaration/Release, if applicable) has been received by Judges.
9. Skill Contest Entries:
All materials, documents, information and data submitted by entrant in connection with
participation in the Skill Contest, including the Contest entry (i.e., the statement and/or photo)
are the property of Sponsor and will not be returned. By participating in the Skill Contest,
entrants represent and warrant that their entry is their sole, original work and that it does not
infringe upon the rights of any other party, including but not limited to any intellectual property,
trade secret or other proprietary rights of any other party. By submitting a statement and/or photo
as an entry in the Skill Contest, entrant further represents and warrants that any person(s)
referenced therein has given his or her express written consent to the reference and use as
contemplated by these Official Rules and that entrant has obtained written permission for such
use from any such person. Submission of a statement and/or photo as an entry for the Skill
Contest grants Sponsor the right to use, publish, adapt, edit and/or modify such entry in any way,
in whole or in part, and to use the entry, and any ideas or concepts contained therein, in
commerce and in any and all media now known or hereafter discovered, worldwide, including
but not limited to the Website (and/or the mobile version of Website), Sponsor’s official pages
on social media platforms and/or on Sponsor’s other website(s), without limitation or
compensation to the entrant and without right of notice, review or approval of any such use of
the entry. Submission of statement and/or photo as an entry further constitutes the entrant’s
consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in
and to the Contest entry, including but not limited to all intellectual property rights and
proprietary rights worldwide. Any content, material or information included in statement and/or
photo submitted an entry in the Skill Contest shall not be confidential, proprietary or trade
secret. By submitting a statement and/or photo as an entry in the skill contest, entrant consents
to Sponsor’s use, reproduction and disclosure of the entry, and ideas, concepts or other materials
contained therein, for any purpose, including any commercial purpose. ANY STATEMENT
AND/OR PHOTO SUBMITTED AS AN ENTRY IN THE SKILL CONTEST THAT
CONTAINS THIRD PARTY WORKS, COPYRIGHTS, TRADEMARKS, TRADE
NAMES, LOGOS OR SIMILAR BRAND IDENTIFYING MARKS, TRADE SECRETS
OR OTHER PROPRIETARY RIGHTS WILL NOT CONSTITUTE A VALID ENTRY
FOR THE SKILL CONTEST.
The statement and/or photo must be created solely by the entrant. By submitting a statement
and/or photo as an entry in the Skill Contest, entrant represents and warrants that: (i) his/her
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statement and/or photo are the sole and original creation of the entrant and have not been copied
in whole or in part from any other work; (ii) the statement and/or photo do not violate or infringe
any copyright, trademark, trade name, trade secret or other proprietary right of any person or
entity; and (iii) any person(s) referenced or depicted (as the case may be) in the statement and/or
photo has given his or her express written consent to its submission into the Skill Contest phase
of the Promotion and use as contemplated by these Official Rules and by submitting any
statement and/or photo that contains the name, likeness or otherwise references any person, you
hereby represent and warrant that you have obtained such written permission. Any statement
and/or photo that contains third party works, copyrights, trademarks, trade names, logos, similar
brand identifying marks, trade secrets or other proprietary rights will not constitute a valid entry
for the skill contest.
Photos containing full or partial nudity, defined as the display of the genitals, pubic area, vulva,
anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less
than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture
will be disqualified. No statement and/or photo shall (a) reference or depict (as the case may be)
persons consuming alcoholic beverages (b) reference/depict persons conducting themselves in an
inappropriate manner (c) contain material that would imply that the consumption of alcoholic
beverages is acceptable before or while operating machinery, driving a vehicle or undertaking
any other activity that requires a high degree of alertness or physical coordination, (d) contain
any material that would degrade or demean the human form, image or status of women, men or
the members of any group based on race, religion, ethnic background, sexual orientation or any
other minority status, or (e) include a reference/depiction to any person that appears to be under
21 years of age. Obscene, provocative, lewd or otherwise objectionable content or those which
reflect poorly on any SMIRNOFF vodka and/or flavored malt beverage brands will not be
considered and the determination of the appropriateness of any statement and/or photo is at the
sole discretion of the Sponsor and/or the judging panel.
9. Eligibility:
This Promotion is open only to legal residents of the 48 contiguous United States and
Washington, DC, who are 21 years of age or older at the time of entry. Void in Alaska,
Hawaii and where prohibited or restricted by law. Employees of the following entities and
members of their families or households are not eligible for participation under any
circumstances: Diageo Beer Company USA, Diageo Americas, Inc., their respective
affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers,
importers, wholesalers, distributors or retailers. All federal, state and local laws apply.
10. General Conditions:
Entry in the Promotion constitutes an entrant’s full and unconditional agreement to abide
by and accept the terms and conditions of these Official Rules as well as to the decisions
of the Judges and judging panel (to the extent applicable). No substitution of prize or cash
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equivalent except at Sponsor’s sole discretion. Limit of one (1) prize per person,
household or address. Prize is non-transferable except at the sole discretion of the
Sponsor. All federal, state and local taxes on prize are winner’s sole responsibility. By
accepting prize, winner waives the right to assert as a cost of winning said prize, any and
all costs of redemption or travel to redeem said prize and any and all liability that might
arise from redeeming or seeking to redeem said prize. Sponsor reserves the right to
conduct a background check of any criminal records of prize winners and guest(s) of
winners of Private Aircraft Flight, Backyard Concert and Travel Prizes. To the extent
necessary and permitted by law, prize winner and guest(s) of winners of Private Aircraft
Flight, Backyard Concert and Travel Prizes shall authorize this background check.
Sponsor reserves the right, at its sole discretion, to disqualify prize winner and guest(s) of
winners of Private Aircraft Flight, Backyard Concert and Travel Prizes based on the
background check. Winner also accepts sole responsibility for any miscellaneous costs
relating to acceptance of prize.
Entrants hereby agree to indemnify and hold Sponsor, as well as Facebook, Inc./Instagram
harmless from and against any third party claims, actions or proceedings of any kind and from
any and all damages, liabilities, costs and expenses, including attorney fees and court costs,
arising out of any breach or alleged breach of any of the warranties and representations set forth
above and/or participation in this Promotion (regardless of the cause of such injury, damage or
loss) and/or the delivery and/or subsequent use or misuse of awarded prize (including any travel
or activity related thereto). Sponsor makes no representation, warranty or guarantee of any kind
(including the warranty of merchantability or fitness for intended purpose) regarding any Prize
under any legal theory; the only warranties – if any – are those of the corresponding prize
supplier(s).
The value of the prize won by a participant under the sweepstakes may be taxable as income to
its winner. For Skill Contest Prizes with an approximate retail value of $1,000 or above, the
winner will be issued an IRS Form W-9 with the Affidavit of Eligibility, a Liability Release and
a Publicity Release (where lawful) and a subsequent IRS Form 1099. Winner is solely
responsible for any and all taxes and/or fees associated with the prize. Upon receipt of prize, the
winner shall be required to comply with any and all applicable federal, state and local law, rules
and regulations.
In consideration of his/her receipt of any prize, prize winner for himself or herself and his or her
guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely
and forever release, waive and discharge Sponsor and all related parties, as well as Facebook,
Inc./Instagram from and against any and every kind of claim, demand, injury, costs, attorney
fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or
unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had,
now has or might in the future have arising in any way or related to this Promotion, including,
but not limited to, prize winner’s participation in the Promotion; prize winner’s Promotion entry;
use of prize winner’s name, likeness, biographical information, signature, image or likeness;
prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited
to injury or loss sustained in any travel related to the prize; financial claims; physical and/or
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emotional injury; and/or any other legal claim that may arise, whether under contract, tort,
warranty or any other theory or claim.
11. Electronic Entries:
In the event of a dispute, online entries (including entries made on a mobile website) will be
deemed made by the authorized account holder of the e-mail address submitted at time of
entry. The authorized account holder is the natural person who is assigned to the e-mail
address by an internet access provider, online service, or other organization that is
responsible for assigning e-mail addresses. Sponsor is not responsible for lost, late, damaged,
illegible, misdirected, incomplete entries, or for online entries (including entries made on
mobile version of the Website) not received due to lost, failed, delayed or interrupted
connections or miscommunications, or for other electronic malfunctions, delays, or errors of
any kind in the transmission or receipt of online entries. Sponsor is not responsible for
incorrect or inaccurate entry information, whether caused by website visitors or by any
human or technological error that may occur in the processing of online entries (including
entries made on a mobile website) in this Promotion. Sponsor reserves the right, in its sole
discretion, to cancel or suspend all or a portion of the Promotion, should viruses, bugs or
other causes beyond control of the Sponsor corrupt the administration, security or proper
operation of the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO
DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING ANY MOBILE WEBSITE)
OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS; AND, SHOULD SUCH AN ATTEMPT
BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY
SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Winners’ List: For names of prize winners, please send a self-addressed stamped envelope
to DIA2754848 Smirnoff RWB Ultimate 2021 Giveaway Sweeps, P.O. Box 1008, Rocky Hill,
CT 06067-1008. All requests for the winners’ list must be postmarked by September 15, 2021
and received by September 29, 2021.
This promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook or Instagram.
Sponsors: Diageo Beer Company USA, New York, NY; Diageo Americas, Inc., New York, NY
SMIRNOFF ICE Premium Flavored Malt Beverage. The Smirnoff Co., New York, NY.
SMIRNOFF Red, White & Berry. Vodka Infused With Natural Flavors. 30% Alc/Vol. The
Smirnoff Co., New York, NY.
Please Drink Responsibly.