ABSOLUT WATERMELON FRESH ESCAPE CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Pernod Ricard USA, LLC. and not to Instagram
- CONTEST PERIOD: The Absolut Watermelon Fresh Escape Contest (“Contest”) starts at 12:00:01 a.m. Eastern Time (“ET”) on April 19, 2021 and ends at 11:59:59 p.m. ET on May 14, 2021 (“Contest Period”).
- ELIGIBILITY: Open to legal residents of the 48 Contiguous United States and the District of Columbia (which excludes residents of Alaska and Hawaii, Puerto Rico and all United States territories and possessions), 21 years of age or older as of date of Entry. Officers, directors, and employees of Pernod Ricard USA, LLC (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), United Entertainment Group Holdings, LLC, and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors, (all such individuals and entities collectively referred to herein as the “Released Parties ”), all retailers of any alcohol-beverage products; and advertising, promotional and judging agencies, and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited or restricted by law and subject to all federal, state and local laws.
Potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the Entry. Limit one (1) Entry per person. Entries in excess of that limit may be disqualified if discovered by Sponsor. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Instagram account submitted at the time of Entry. “Authorized account holder” of an Instagram account is defined as the person who is responsible for joining Instagram and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules will be disqualified. Participation is subject to disqualification of all Entries, if Sponsor and its Administrators discover that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply.
- ENTRY REQUIREMENTS: . Each Entry must meet the following “Entry Requirements”: (i) the Entry must be the submitting Entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; (ii) the Entrant should either be the only person who appears in the video or, if anyone else appears in the video, the Entrant must obtain written permission from that person or those people to include them in the video, and if Sponsor asks to see the written permissions, the Entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Entry, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Entry to remain in Contest); and (iii) Entry must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous, that depict intoxication, excessive consumption of alcoholic beverages, or be otherwise objectionable.
Instagram is not affiliated with this in any way and is not responsible for the administration of the Contest or the awarding of the prizes. No endorsement or approval of Contest by Instagram is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s social media sites, and may be posted on other websites, in Sponsor’s sole discretion. If applicable, anyone depicted in your Entry must have given permission for you to upload your Entry and they must be 21 years of age or older. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- JUDGING: All Entries will be judged by Sponsor-selected judges (“Judges”) on or about May 24, 2021 based on the following criteria: Originality/Creativity (40%); Enthusiasm (30%); and Relevance to Theme (30%) (the “Judging Criteria”), to determine one (1) Grand Prize winner (“Grand Prize Winner”). Any tied Entries will be re-judged by the judges based 100% on Originality/Creativity. Judges’ decisions are final with respect to all matters relating to the Contest. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.
- GRAND PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) Grand Prize available. The Grand Prize consists of one (1) 2016 Airstream® Bambi® Sport – 16’ RV (a used vehicle customized by Sponsor) and all of its contents. Winner will be required to provide proof of insurance at time of delivery. Winner is responsible for title, license, registration, preparation costs, auto insurance and other fees associated with prize.
This Contest is not sponsored by, endorsed by, or otherwise affiliated with Airstream.
In addition to the prize, the Sponsor will provide the verified winner with a single cash payment in the amount of Fifteen Thousand Dollars ($15,000), which is intended to help the winner pay any federal, state, or other tax obligations related to the prize (the “Tax Gross-Up Payment”).
Grand Prize winner must have permission (if applicable) to park the towable camper at the Grand Prize drop-off location and Sponsor may require written approval prior to Grand Prize award. ALCOHOL IS NOT PART OF THE PRIZE. No cash alternative or substitution of prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if prize listed is unavailable, in whole or in part, for any reason. Applicable portions of the Grand Prize will be delivered only to an address in the 48 contiguous United States/DC. The total ARV of the Grand Prize and Tax Gross Up Payment is $65,000.
Potential Grand Prize winner understand and agrees that, as a condition of being awarded the prize, Grand Prize winner may be subject to a background check at the sole discretion of Sponsor; failure to comply may result in disqualification and forfeiture of prize. In addition, at the discretion of the Sponsor, potential Grand Prize winner may be disqualified: (a) if charged with or convicted of a felony or misdemeanor; (b) if Sponsor determines, in its sole discretion, that awarding the prize to such individual may reflect unfavorably on the Contest or Sponsor; (c) if he/she is not eligible to receive the prize based on the eligibility requirements set forth in these Official Rules; (d) if Sponsor determines that he/she failed to comply with these Official Rules in any way; or (e) if he/she refuses to or cannot accept the prize for any reason. Potential Grand Prize winner’s social media profile must be in keeping with the Sponsor’s image or they may be disqualified, in Sponsor’s sole discretion.
- WINNER NOTIFICATION AND VERIFICATION: The Site’s computer timestamp is the official timekeeper for purposes of this Contest. Potential Grand Prize Winner will be notified by direct message on Instagram and will be required to follow the instructions outlined in the direct message/comment within Forty-Eight (48) hours of notification attempt. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. Time is of the essence in awarding the prize. If, despite reasonable efforts, the potential winner does not respond within Forty-Eight (48) hours of the first notification attempt, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be determined. If potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be determined. Sponsor may successively attempt to contact up to two (2) potential winner(s) of the prize in accordance with such procedure, and if there is still no confirmed winner of the prize after such attempts have been made, if any, the prize may go unawarded.
- General Prize Conditions: The prize will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prize pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. Actual prize may vary from the prize pictured. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute the prize of comparable value if the prize listed is unavailable, in whole or in part, for any reason. The Tax Gross-Up Payment may not be sufficient to cover the winner’s tax liability related to winning the prize. The winner should consult his or her tax advisor on the proper treatment of the Tax Gross Up Payment. The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of the prize or other items of value transferred to the prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of the prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the prize winner forfeiting the prize and an alternate potential winner may be determined in accordance with these Official Rules. Sponsor will award the prize subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and Assignment of Rights (collectively, “Prize Claim Documents”). If potential winner fails or refuses to sign and return all Prize Claim Documents within forty-eight (48) hours the winner may be disqualified and an alternate winner may be determined.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- GENERAL LIABILITY RELEASE / FORCE MAJEURE: Each Entrant agrees that the Released Parties (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrant’s acceptance, receipt, possession and/or use or misuse of the prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties assume no responsibility for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor may (if possible) determine the winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Only the type and quantity of prize described in these Official Rules will be awarded.
- RIGHTS IN ENTRIES: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Released Parties, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Entry, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Released Parties shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Released Parties deem necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Released Parties shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the Entry Requirements or even it if it determined that the Entrant who made the Entry is ineligible to enter the Contest.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Entry meets the Entry Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant agrees to indemnify the Released Parties and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Contest.
- PUBLICITY RELEASE: Without in any way limiting the rights granted in the Entry, as set forth above, acceptance of a prize constitutes winner’s permission for the Contest Entities to use the winner’s Entry (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Released Parties, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winner.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry (if applicable) to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Released Parties or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- NO OBLIGATION TO USE: The Released Parties shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Released Parties may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
- DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
- GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
- ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
- WINNER: For the name of the Grand Prize Winner, available after June 15, 2021, send a stamped, self-addressed envelope by July 15, 2021, to: Absolut Watermelon Fresh Escape Contest – Winner (Dept. NR), 100 Marcus Drive, Melville, NY 11747.
- SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Pernod Ricard USA, LLC, 250 Park Avenue, New York, NY 10177. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
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