Old Pulteney Clipper Contest – Win the Ultimate Sailing Experience (the “Promotion”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW. OPEN ONLY TO RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AGE 21 OR OVER AT THE TIME OF ENTRY.
1. SPONSOR: The sponsor of this Promotion is International Beverages Holdings, Ltd. ("Sponsor") with offices at 275 Madison Avenue, Suite 700, New York, NY 10016.
2. PRIZES; ODDS OF WINNING: There will be one (1) winner of this Promotion. The winner shall receive a trip for two (2) persons (prize winner and a companion) to San Francisco, California, tentatively scheduled during the month of April 2014. Travel and event dates shall be determined by Sponsor in Sponsor’s sole discretion and are subject to change. Trip consists of round-trip air transportation for winner and guest in coach class from major airport nearest to winner’s place of residence to San Francisco, California, standard double occupancy hotel accommodations for two (2) nights at hotel of Sponsor’s choice, a day sail on the Old Pulteney Clipper yacht, and Clipper merchandise (which does not include alcohol beverages), (collectively, the “Prize”). Consumption of alcoholic beverages is not required in order to enter or win this Promotion. The total approximate retail value of this Prize is US $3,500. Odds of winning depend on the number of eligible entries received. This promotion has not been previously offered.
All elements of the Prize (including travel reservations) are non-assignable and non-transferable, and are not redeemable, exchangeable or substitutable for cash. If lost, tickets will not be replaced. The difference between any stated value and actual value will not be awarded to the winner. If winner cannot accept a prize as stated, prize will be forfeited in its entirety and awarded to an alternate winner. Upon prize forfeiture, no compensation will be given. Sponsor reserves the right to substitute the Prizes for prizes of equal or greater value, in their sole discretion. The winner and companion must travel under the same itinerary and both must be residents of the 50 United States or District of Columbia and 21 years of age or older. All additional expenses associated with the Prize including but not limited to ground transportation, incidentals, meals, federal, state and local sales or other taxes and surcharges are the responsibility of the winner (and/or companion), unless otherwise set forth in the Official Rules.
3. HOW TO ENTER: You may enter the Promotion by visiting the website www.clipper-oldpulteney.com and answering 5 questions about Sponsor and Sponsor’s Old Pulteney products.
Mechanically reproduced, illegible, incomplete or inaccurate entries are void. Only one entry per person is permitted.
4. ELIGIBILITY: This Promotion is open to all residents of the 50 United States and the District of Columbia who are 21 years of age or older at the time of entry. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who from and after November 1, 2013 were or are employees or agents of Sponsor or its affiliates, parent, subsidiaries, or the service agencies or independent contractors of the above organization(s); (b) persons who are engaged in the development, production, distribution of materials, or drawing of winners for this Promotion; and (c) persons who are immediate family of or who reside in the same household as any person in either of the preceding categories.
5. SELECTION: One (1) winner will be selected by a representative of Sponsor based on the highest number of questions answered correctly. In the event of a tie, Sponsor will notify the pool of potential winners that they have been entered into a tie-breaker round, and such entrants shall submit to Sponsor by e-mail at email@example.com a written statement (not to exceed 300 words) why entrant loves Old Pulteney whisky products. A representative of Sponsor will select the winner based on the originality, creativity, and quality of the statement. Sponsor's decision will be final and binding in all respects. The winner will be selected on or about 16th March 2014. The winner(s) will be notified within 10 business days after the judgment by mail, e-mail or telephone. In the event that Sponsor cannot reach the winner within 72 hours after it makes reasonable attempts to notify the winner, or if the winner does not accept the prize within 72 hours of notification, that winner forfeits the Prize and Sponsor will select a new winner according to these rules. Additionally, if the winner is ineligible, it will be deemed as if the winner has rejected the prize, and Sponsor will select a new winner according to these rules. Winner and companion will be required to complete, sign and return an affidavit and liability release within the timeframe required by Sponsor in order to accept the prize. [MWE Note: Please let us know if you would like us to provide an affidavit and liability release form.]
6. SCHEDULE: The PROMOTION begins 12:00 AM Eastern Time onNovember 1, 2013 and ends at 12:00 AM ET on 15 March 2014. All entries must be received by 11:59 p.m. Eastern Time.
7. ADDITIONAL CONDITIONS: Sponsor reserves the right to terminate this Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion as determined by Sponsor in its sole discretion. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this Promotion. By participating, participants agree: (a) to be bound by the Official Rules and the decisions of the person or persons who select the winners, and (b) to release and hold harmless Sponsor, its affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies, from any and all liability with respect to acceptance, possession or use (or misuse) of the prizes or participation in the Promotion. Winner agrees to permit Sponsor to use his/her name, address, city, state, photograph, videotape or any likeness for advertising or publicity purposes for no additional compensation and Winner shall reasonably cooperate with Sponsor in connection with publicity relating to this Promotion.
Use of any automated entry software is prohibited. Online entries made with multiple e-mail addresses, under multiple identities or through the use of any other device or artifice to enter multiple times will be deemed invalid. The winning online entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry was made. The authorized email account holder is deemed as the natural person who is assigned to an e-mail address by an internet access provider, service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Sponsor shall not be responsible for incorrect or inaccurate transcription of entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Promotion, or for late, lost, stolen, postage due, illegible or misdirected entries. If this Promotion or any web site associated therewith (or any portion thereof) becomes corrupted or otherwise does not permit entry in the Promotion, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by participants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Promotion or any portion thereof. Any attempt by an participant or any other individual to deliberately damage any online service or web site 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 and/or other remedies from any such person to the fullest extent permitted by law.
8. TAXES. Taxes (federal, state, and local) are the sole responsibility of the winner. Sponsor does not provide tax advice. Participants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of this Promotion.
9. WINNERS LIST: For the name of the prize-winner, available after17 March 2014, please send a separate, self-addressed stamped envelope to "Old Pulteney Clipper Contest – Win the Ultimate Sailing Experience – List of Winners,” 275 Madison Avenue, Suite 700, New York, NY 10016.
10. COPY OF THE RULES: To obtain a copy of the rules, please send a separate, self-addressed stamped envelope to "Old Pulteney Clipper Contest – Win the Ultimate Sailing Experience – Official Rules,” 275 Madison Avenue, Suite 700, New York, NY 10016.
11. APPLICABLE LAW: All disputes, claims, and causes of action will be resolved individually, without resort to any form of class action, in an action in a State or Federal court located in New York, New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the promotion, will be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of any jurisdiction.