William Grant & Sons – Sailor Jerry Spiced Rum American Legends Bike Giveaway 2018 Sweepstakes
SAILOR JERRY SPICED RUM AMERICAN LEGENDS BIKE GIVEAWAY 2018 OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY TO INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO RESIDE LEGALLY IN ONE OF THE FIFTY UNITED STATES OR DC.
1. ENTRY PERIOD: The American Legends Bike Giveaway 2018 (the “Sweepstakes”) sponsored by William Grant & Sons, Inc. (the “Sponsor”) begins at 12:01 A.M. Eastern Time (“ET”) on May 15, 2018 and ends at 11:59 P.M. ET on September 3, 2018 (the “Entry Period”).
2. ELIGIBILITY: The Sweepstakes is open to individuals who are 21 years of age or older at the time of entry and who reside legally in one of the 50 United States or DC (collectively, the “Eligibility Area”). Employees, officers, and directors of Sponsor or any of its affiliates, subsidiaries, wholesale distributors, advertising and promotion agencies, printers, suppliers, distributors and retailers of alcohol beverages, and members of their immediate families (spouses, parents, siblings and children, and the “steps” of each, regardless of where they live) and those living in the same household are not eligible to enter or win. All determinations of eligibility will be made by Sponsor in its sole discretion, and may be made at any time. Further, any person who has previously won a Harley-Davidson motorcycle prize from Sailor Jerry and/or William Grant & Sons, Inc. is not eligible to claim a prize in this Sweepstakes. All applicable federal, state and local laws and regulations apply. The Sweepstakes is intended for viewing and participation within the Eligibility Area only. Do not participate in the Sweepstakes unless you reside legally within the Eligibility Area. The Sweepstakes is void outside the Eligibility Area, and where prohibited, taxed or restricted by law.
3. SWEEPSTAKES AGREEMENT: BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE/SHE: [A] HAS READ THESE OFFICIAL RULES, AND AGREES TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE SPONSOR, AND BY THE DECISIONS OF THE SPONSOR, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS SWEEPSTAKES; [B] AGREES TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 9; [C] ACKNOWLEDGES COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANTS THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREES TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER: To enter the Sweepstakes, visit www.sailorjerry.com/harley-davidson during the Entry Period, locate the Sweepstakes entry form, provide the required entry information, and submit the entry form so it is received no later than 11:59 P.M. ET on September 3, 2018. Limit one (1) entry per person/email address, per day. Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. Sponsor’s computer will be the official time clock for the Sweepstakes. The use of any device or technique to automate participation in this Sweepstakes, including but not limited to, participation using any bot, macro, script, hack, on-line sweepstakes service or form-filling software (or any other devices or techniques intended to automate any part of participation in the Sweepstakes) is prohibited. Participation by any means which subvert the participation process as described herein will be void. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, irregular in any way, or otherwise not in compliance with these Official Rules. If Sponsor or its designee, in its sole discretion, determines that any participant has used any device or technique to automate or subvert the participation process or participation limits, all participation by that participant will be void and future participation attempts by the participant at issue may be blocked. All submitted information becomes property of Sponsor and will not be acknowledged or returned. Multiple entrants are not permitted to share the same email address. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. Potential winners may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entrants are solely responsible for internet access and usage charges incurred during participation in the Sweepstakes, if any. Note that free internet access is available at most public libraries. If you opt to use a wireless mobile device to submit an entry, data rates and other charges may apply; check with your mobile carrier for rates/details.
5. PRIZE DESCRIPTION: Six (6) prizes will be made available: each a custom-painted 2018 HARLEY-DAVIDSON STREET BOB® motorcycle plus a voucher for Harley-Davidson Riding Academy New Rider Course, total approximate retail value (“ARV”) $15,349. See Section 7 below for additional prize restrictions.
6. RANDOM DRAWING/ODDS: On or about September 12, 2018, an independent judging organization will conduct a random drawing from among all eligible entries to select the potential winners. Potential winners will be notified in accordance with Section 8 below. Odds of winning depend on the number of eligible entries received.
7. PRIZE RESTRICTIONS: The mileage, color, options and condition of each prize motorcycle (“Motorcycle”) will determined by Sponsor in its sole discretion. Each Motorcycle may differ substantially from any motorcycle shown in Sweepstakes advertising. Each Motorcycle may display Sponsor name and/or logos. Each Motorcycle will be awarded solely with any express written limited warranties set forth in the Motorcycle’s applicable Owner’s Guide (if any, in which case any such warranties shall run for the term set forth in said Guide). Each Motorcycle, however, may contain aftermarket parts and accessories, as well as special features applied by or on behalf of Sponsor in its sole discretion, which may not be covered under the Motorcycle’s express written limited warranties, if any. Non-factory installed modifications and/or accessories may void the manufacturer’s express written limited warranties. Apart from any potentially applicable remaining manufacturer warranties (if any), each Motorcycle will be awarded on an “AS-IS” basis without warranty, guaranty or representation of any kind by the Releasees (as defined in Section 9 below), express or implied, in fact or in law, including without limitation any implied warranty of merchantability or fitness for a particular purpose, safety, legality for use in the winner’s jurisdiction of residence [including compliance with emissions regulations], durability, reliability, mechanical condition, and/or performance.
The following terms apply to the voucher for the Harley-Davidson Riding Academy New Rider Course (the “Course”) which is included with each prize: [a] dates and locations may be subject to change or cancellation based on weather and other causes beyond Sponsor’s reasonable control; [b] each winner is responsible for all costs associated with traveling to and from the Course; [c] no prize substitution or cash substitution will be permitted if the winner is unable to attend the Course; [d] each winner must present valid driver’s license before entering the Course; [e] if a winner resides more than 200 miles from the nearest Harley-Davidson® Riding Academy, Sponsor will work with winner to arrange for basic motorcycle riding lessons of comparable quality to the Course at an authorized Motorcycle Safety Foundation riding school; and [f] if a winner has already obtained his/her motorcycle endorsement/license, the winner may transfer this prize component to a friend or family member of his/her choosing.
Each Motorcycle will be delivered to a Harley-Davidson® retail location near the winner’s residence as selected by Sponsor in its sole and absolute discretion. Each winner (or winner’s designated representative) may be required to present a valid motorcycle driver’s license and evidence of insurance as a condition of delivery of a Motorcycle, in Sponsor’s sole discretion. Winner (or winner’s designated representative) must take delivery of his/her Motorcycle within 30 days of notice of availability. If a winner does not take delivery of a Motorcycle within such 30-day period or otherwise fails to satisfy the requirements set forth in these Official Rules, the prize will be forfeited and awarded to an alternate winner selected at random from among the remaining applicable eligible entries. Each winner is solely responsible for all federal, state and local taxes, including incremental income taxes; license, title and registration fees (including any required vehicle modifications for registration); insurance; any optional or required safety equipment; and any other expenses related to acceptance and use of his/her prize. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Prizes are non-transferable, and no cash redemptions or substitutions are allowed except by Sponsor, who reserves the right to award a prize of equal or greater value, should a prize become unavailable. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. Sponsor will not replace or repair any prize which, after delivery to winner, is lost, stolen, or damaged. Any difference between the approximate value and actual value of a prize (or any substitution prize) will not be awarded. Limit one (1) prize per person and/or household.
8. WINNER NOTIFICATION: Each potential winner will be notified via phone and/or email, to verify his/her eligibility and ability to accept the prize, and to obtain his/her complete contact information. Any such message will instruct the potential winner to reply as specified within five (5) full business days (measured in the local time zone) after the time that the message was left or sent. Potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such five (5) full business day period, or he/she will be disqualified. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Each potential winner will subsequently be required to complete a notarized affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified by Sponsor at the time of such request. Each winner will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and each such winner will receive an IRS Form 1099 issued in his/her name for the fair market value of prizes received. Proof of identity, age, and legal residence may be required to claim a prize. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of any winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or for any change of contact information of entrant after entry submission.
9. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS [A] SPONSOR AND ANY OF ITS AFFILIATES, SUBSIDIARIES, WHOLESALE DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, PRINTERS, SUPPLIERS, AND ANY DISTRIBUTORS AND RETAILERS OF ALCOHOL BEVERAGES; AND [B] THE HARLEY-DAVIDSON MOTOR COMPANY, INC. AND ITS AFFILIATES; TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY SWEEPSTAKES-RELATED WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. GENERAL: Releasees and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, registration forms, release forms or any other documents; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Sponsor, including the inability to submit entries or other disruption related to Internet traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant’s access of the Sweepstakes, whether human, mechanical or electronic, (e) incorrect or inaccurate information whether caused by Sweepstakes users or by any of the programming or equipment associated with or used in the Sweepstakes; (f) any printing errors or human errors, including but not limited to any human, mechanical or electronic error which may occur in the processing of the entries or announcement of winners; or (g) unauthorized human intervention in the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Releasees are not responsible for the actions of participants or other individuals in connection with the Sweepstakes, including participants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Participation must be made by the participant and via the means described in these Official Rules only. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules.
12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry.
13. DISPUTES: By participating, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, must be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York County, New York, and each entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain any award 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. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Releasees 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 of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
16. WINNER LIST: For the name, city, and state of the winners, mail a self-addressed, stamped envelope to be received by November 6, 2018 to: Sailor Jerry Spiced Rum American Legends Bike Giveaway 2018 Sweepstakes Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
Sponsor: William Grant & Sons, Inc., 300 Park Ave S #600, New York, NY 10010
Respect his legacy. Drink Sailor Jerry responsibly. ©2018 Sailor Jerry Spiced Rum, 46% Alc./Vol. William Grant & Sons, New York, NY. NEVER DRINK + DRIVE.
©2018 H-D or its Affiliates. HARLEY-DAVIDSON, HARLEY, H-D, and the Bar and Shield Logo are among the trademarks of H-D U.S.A., LLC. Neither H-D U.S.A. LLC or Harley-Davidson Motor Company, Inc. is a sponsor of or an endorser of this promotion.