Whistlepig Whiskey – Ultimate Pigskin Tailgate Contest – Win the Prize for a twenty-four (24) hour period

WhistlePig Whiskey Ultimate Pigskin Tailgate Contest
Official Rules
 
NO PURCHASE NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.  THE FOLLOWING CONTEST IS VALID ONLY IN CONTIGUOUS 48 UNITED STATES (“U.S.”) AND DISTRICT OF COLUMBIA (“D.C.”), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW).  VOID ELSEWHERE AND WHEREVER PROHIBITED.  BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR.  DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. 
 
Contest Name:  WhistlePig Whiskey Ultimate Pigskin Tailgate Contest (the “Contest”).
 
Contest Dates: Registration begins at 12:00:01am Eastern Time (“ET”) on October 6, 2022 and ends at 11:59:59 pm ET on December 10, 2022 (the “Registration Period”).  The Contest is subject to all applicable federal, state and local laws and regulations.  Void outside of U.S. and D.C., and wherever restricted or prohibited by law.
 
Who may Enter:  Contest is open only to legal residents of the U.S. and D.C. at least 21 years of age or older as of date of entry, and have a valid driver’s license or government issued photo ID, except the following persons who are not eligible to enter, participate or win:  Employees, officers, and directors of WhistlePig Whiskey, LLC (“Sponsor”), RedPeg Marketing, Inc. (the collectively, “Contest Administrator”), each of their respective franchisees, parents, affiliated companies, subsidiaries, contractors, distributors or wholesalers, alcohol retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), or any employees, officers, directors, members, shareholders or agents of any alcohol-beverage retailers, distributors, wholesalers or manufacturers, and the members of the immediate families or households, whether or not related, of any of the above (together with the Released Parties, the “Ineligible Parties”). “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grandchildren (including step grandchildren) and each of their respective spouses, regardless of where they reside.
 
How to Enter – Online Registration: Scan the QR code to visit bit.ly/WhistlePigUltimatePigskinTailgateContest during the “Registration Period” and upload a video to the site which answers the following question:
 
How do you give 100% at a tailgate?
 
Videos may not be longer than thirty (30) seconds. Do not wear clothes with third party logos.
 
 
After (1) uploading the video, (2) answering the additional required questions within the entry website, and (3) reading and agreeing to these Official Rules, click the submit button to submit your online entry.  All online entries must be fully complete for all required information and must be received by 11:59pm ET on December 10, 2022 to be eligible.
 
 
Any available opt-in opportunities are not required to enter the Contest, and opting-in will not improve your chances of winning.  By participating and submitting an entry, contestant agrees that Sponsor and Contest Administrator are authorized to contact entrant via email, text, mail, phone or any other form of media to make contestant aware of information pertinent to the Contest, and to distribute information regarding the Sponsor(s) featured products, special events or future contests, promotions or 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.
 
Maximum of one entry per person per household, regardless of entry method, except as noted above regarding bonus entries.  Any incomplete entries or entries from Ineligible Parties will be disqualified.  Any entry submitted with an invalid email address or other inaccurate, incomplete, false or incorrect information will be disqualified.  Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged entries, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information for any reason including programming or technical errors, or effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections; all of which will be disqualified.
 
Each participant must submit an entry on his/her own behalf.  Any entry submitted on behalf of another individual or using another person’s email address, name or mobile number will be disqualified and ineligible to claim any prize.  Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different mobile numbers, identities, or any other methods void that participant’s entries and that participant may be disqualified.  No mechanically reproduced or automated entries permitted.  Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void.  All entries received become the property of the Sponsor and will not be returned.
 
In the event of a dispute as to any online registration, the authorized account holder of the email address used to register will be deemed to be the registrant and he/she 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.
 
By registering to enter Contest, you affirm that you have read and accepted these Official Contest Rules.  All entrants agree to be bound by and abide by the official rules of the Contest.
 
Selection of Winner & Judging Criteria: On or about December 11, 2022, a panel will review all valid entries based upon the following criteria (the “Judging Criteria”): Creativity and originality in creation of video and video content, as well as adhering to questions.
 
The judging panel will select one (1) winner from all valid entries in accordance with the Judging Criteria. Sponsor and judges will determine, in their sole discretion, which entries are deemed valid entries, and their decisions and the result of the judging will be final in all respects.  Odds of winning depend on the total number of valid entries timely received. The potential Prize winner(s) will be notified via e-mail. If a potential prize winner cannot be reached after two (2) attempts, such person may be disqualified and an alternative potential prize winner may be selected in accordance with these Official Rules. If any prospective prize winner e-mail is returned as undeliverable, it will result in disqualification and at Sponsor’s sole discretion an alternative potential prize winner may be selected in accordance with these Official Rules. Any non-response by a potential winner or Sponsor’s failure to receive a response from any potential winner within two (2) business days may result in disqualification of such potential winner and the selection of an alternate potential winner in Sponsor’s sole discretion and time permitting. Sponsor is not responsible for unsuccessful efforts to notify any potential winner.  Note: phone messages will not be left during the winner notification process.
 
During winner notification, the selected potential winner must confirm their eligibility, and indicate their willingness and ability to accept the prize.  The potential winner will then receive official notification via email delivery, including prize acceptance documents which must be completed and returned per the provided instructions and as outlined below.  If any selected winner does not meet the eligibility requirements, or is unable or unwilling to accept the prize, elects to decline the prize or fails to return the required prize acceptance documents within the required time frame, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be selected from among all remaining eligible entries and notified as per the procedures outlined above.  Any disqualified contestant will not receive any alternate prize substitution or compensation.  Decisions of the Contest Administrator in the selection and determination of the winners and all matters relating to this Contest are final and binding.  
 
All of the following will apply to each potential winner: 1) winner will be required to complete and return, within three (3) days of date of receipt, a prize acceptance form, including an affidavit of eligibility and a liability/publicity release (where permitted) and a W-9 form in order to be eligible to claim the prize; 2) winner may be required to present a copy of a valid driver’s license or government issued photo ID with valid residential address and a copy of a valid social security card as a condition of receiving the prize, and (3) winner shall be solely responsible for paying all applicable taxes (including, but not limited to, all local, state and federal taxes) that may be or become due in connection with their respective prize award, and winner shall be issued a 1099 form reflecting the value of the prize award.
 
Grand Prize Award (1 award):  The grand prize winner shall be awarded:
 
The ultimate WhistlePig Whiskey tailgate party of your dreams, complete with Sugar Shack, Adirondack chairs, TV, sound system, lawn games, a one (1) year supply of WhistlePig maple syrup and/or Runamok maple syrup equivalent to around 100 bottles, and a $1,000 gift card (“Prize”)! The Grand Prize shall be delivered on Sunday, February 12th, 2023, at an exact time to be collectively determined by the prize winner, Sponsor and Contest Administrator. The prize winner will receive the Prize for a twenty-four (24) hour period, and it shall be delivered to the winner’s place of residence. Winner must ensure it may accept the Prize at such time and location, and prize winner is solely responsible for permissions and costs to HOAs or similar entities. All costs associated with use of the Prize are the responsibility of the winner. Sponsor reserves the right to substitute alternate merchandise item(s) of approximate equal or greater value, in its sole discretion, based upon availability.  The Prize has an approximate retail value (“ARV”) of $20,000.
 
Prize is 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.  Prizes shall be delivered only to the designated winner or as otherwise specified by Sponsor.  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.
 
Winner is solely responsible for any and all required permits, obtaining releases from all guests, service to guests, TV connections, and all other aspects of the use of the grand prize other than delivery and pickup on the dates dictated by Sponsor.
 
 
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.  All prizes are awarded as is, without any warranty, express or implied, by Sponsor.  Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize.  If forfeited for any reason, 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.  This Contest is in no way sponsored by, associated with or endorsed by the National Football League.
 
 
 
Additional Rules & Restrictions:  By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Contest Administrator, which shall be final in all matters relating to this Contest.  In the event an entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Contest constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law.  False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.
 
By participating in the Contest, you agree to release, defend, indemnify and hold harmless the Released Parties from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by: (i) entering or participating in the Contest (including any claims of third parties alleging infringement, rights of publicity, rights of privacy or defamation or other intellectual property rights); (ii) the acceptance, use or misuse of any prize; (iii) participation in any prize-related activities or travel, including but not limited to injury or loss sustained; (iv) financial claims; (v) physical or emotional injury; or (vi) any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
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, pandemics, 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.
 
IN NO EVENT WILL THE SPONSOR, THE CONTEST ADMINISTRATOR, AND THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, DIVISIONS, INDIVIDUALS, AGENCIES, OR ENTITIES RESPONSIBLE FOR THE DEVELOPMENT, PRINTING, DISTRIBUTION OR IMPLEMENTATION OF THIS CONTEST BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST, THE PRIZES, INCLUDING, WITHOUT LIMITATION, ANY TRAVEL RELATED THERETO, OR THE USE OR MISUSE OF ANY MATERIAL FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS.
 
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 Contest, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Contest.  Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the cancellation of the Contest, the processing of entries or in the announcement of the prizes or prize winners.  Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Contest website.
 
Sponsor, in its sole discretion, may disqualify any entrant from participation in the use of any or all portions of the Contest, and refuse to award a prize, if entrant engages in any conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest, or to the Sponsor or Contest Administrator. Such improper conduct, includes, without limitation, use of third party logos in videos, non-compliance in any public forum, including but not limited to social media channels, with applicable Distilled Spirits Counsel of the United States Codes (http://www.discus.org/responsibility/code/), falsifying personal information required during registration or prize claim, violating any term or condition stated herein, accumulating entries through automated techniques, or allowing others to use your personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs or wireless technology in connection with this Contest. You agree that Sponsor may void any part of any prize that you may have won or require the return of any part of any prize that you may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of any prize or return of any prize in no way prevents Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
 
Sponsor reserves the right to cancel, modify, reschedule or terminate the Contest for any reason including, but not limited to acts of God, pandemics, force majeure, government regulatory action or ruling,  fraud, misconduct, or if any technical failures destroy or threaten the integrity of the Contest, in the opinion of the Sponsor/ Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Contest, Sponsor reserves the right to determine prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
 
 
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 the Contest, 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 Vermont; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, 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 the Contest, shall be governed by, and construed in accordance with the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Vermont or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than York State of Vermont.
 
Odds:  Odds of being selected as a winner are dependent upon the total number of eligible entries received.
 
Official Rules & 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, 2022 to: WhistlePig Whiskey Tailgate 100 Contest, c/o RedPeg Marketing, Inc. 727 N Washington Street, Alexandria, VA 22314.  PLEASE SPECIFY which you are requesting, official rules or winners list.
 
Sponsor:  This Contest is sponsored by WhistlePig Whiskey LLC, 2139 Quiet Valley Road, Shoreham, VT 05770.
 
Contest Administrator:  The Contest is administered by RedPeg Marketing, Inc. at 727 North Washington Street, Alexandra, VA 22314.