TINCUP® Whiskey Adventure Fishing Social Sweepstakes (the "Sweepstakes")
The Sweepstakes is open only to documented U.S. residents who are at least twenty-one (21) years old at the time of entry. Void where prohibited or restricted by law. The following individuals are not eligible to win the Sweepstakes: (a) employees of (i) Sponsor (as defined in Section 2 below) or its related companies, (ii) vendors of Sponsor, (iii) licensed alcoholic beverage distributors and retailers, (iv) Administrator (as defined in Section 2 below) and, in each case, any of its or their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and (b) the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such individual. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase or payment is necessary to enter or win the Sweepstakes.
2. Sponsor and Administrator
Sponsor: Proximo Spirits, Inc., 3 Second Street, Jersey City, NJ 07302.
Administrator: Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008.
The Sweepstakes begins at 12:00:00 a.m. Eastern Time ("ET") on July 19, 2021 and ends at 11:59:59 p.m. ET on July 30, 2021 (the "Sweepstakes Period"). Sponsor is the official timekeeper for this Sweepstakes.
4. How to Enter
There is one (1) way to enter the Sweepstakes (the "Entry Method"). Enter via Instagram by first following @TINCUPWhiskey official Instagram account and commenting on a Sweepstakes-related post during the Sweepstakes Period and tagging one (1) friend. Any social posts made from a private Instagram account that are not included as a comment under a Sweepstakes-related social media post by @TINCUPwhiskey will not count as valid entries. You must have a non-private account to enter and have your account privacy setting to 'Off' to enter the Sweepstakes.
You must be a registered member of Instagram in order to participate in the Sweepstakes or win a prize. Membership on Instagram is free, but a compatible mobile device is required to download the Instagram app and use the Instagram service.
By submitting an entry, you agree that your entry conforms to these Official Rules and that Sponsor, in its sole discretion, may declare your entry void and disqualify you from the Sweepstakes if it believes that your entry fails to conform, for any reason it deems appropriate in Sponsor's sole discretion, to these Official Rules.
Following the official @TINCUPWhiskey Instagram page prior to Sweepstakes entry will serve as an age gate to ensure you are twenty-one (21) years or older. If you are NOT twenty-one (21) years or older, you will not be permitted to follow the @TINCUPWhiskey official Instagram page, and therefore not be able to submit an entry into the Sweepstakes. The tagged accounts must also follow the official @TINCUPWhiskey Instagram page prior to Sweepstakes entry to ensure the tagged users are also twenty-one (21) years or older.
All entries must be received no later than 11:59:59 p.m. ET on July 30, 2021. No alterations or forged entries are permitted. Multiple entrants are not permitted to share the same Instagram account to submit an entry. Any attempt by an entrant to obtain more than one (1) entry by using multiple/different accounts, identities or any other methods will void that entrant's entry and that entrant may be disqualified. A 'day' is defined as 12:00:00 a.m. until 11:59:59 p.m. ET. In addition, if a person submits multiple entries, the same content cannot be shared more than once by such person. Violation of the preceding entry restrictions will result in disqualification. All entries become the property of the Sponsor and will not be returned.
Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor or its agents. Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or Entry Method. Sponsor is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect an online user's ability to enter and qualify or the ability of Sponsor to notify the winner. Facsimiles or mechanical reproductions will not be accepted and entrants may not use any other device or artifice to enter in excess of the number of entries allowed. All entries become the property of Sponsor and will not be returned.
Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues that might affect the ability of a website (or mobile website) visitor to enter on-line on Instagram or the ability of the Sponsor to notify the winner. Sponsor assumes no responsibility for lost, late, damaged, inaccessible, misdirected, illegible, incomplete, incorrect entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. No alterations or forged entries are permitted.
If you participate via mobile device, you will be charged for all data usage on your handset according to the terms in your individual calling plan with your cellular provider. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate. Wireless service/internet access may not be available in all areas.
5. Selection of Winner
Random Selection. One (1) grand prize winner will be randomly selected from all eligible entries received during the Sweepstakes Period. The drawing will be conducted by Administrator, an independent third-party organization, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Sweepstakes. Odds of winning a prize will be determined by the total number of eligible entries received through the Entry Method. The awarding of the prize is subject to verification of each potential winner's eligibility. The winner will be notified by Instagram notification on or around August 5, 2021 and will be required to furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver's license, birth certificate or passport) within three (3) days of notification. If any prize notification is returned as undeliverable, or if the potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received.
6. SPONSOR'S AND/OR ADMINISTRATOR'S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE . SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winner
Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The winner must be twenty-one (21) years of age or older. The potential winner may be required to provide Sponsor or Administrator with documentation that shows he or she was an eligible participant. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Administrator may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Any and all guarantees and warranties are subject to the manufacturer's terms and conditions, and winner agrees to look solely to such entity for any such warranty or guarantee claim. Winner is solely responsible for all federal, state and local income taxes.
Sponsor reserves the right to conduct a background check of any criminal records of any prize winner. To the extent necessary and permitted by law, prize winner authorizes this background check. Sponsor reserves the right, at its sole discretion, to disqualify any prize winner from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
One (1) grand prize will be awarded. The grand prize winner will receive a trip for two (2) to the Madison Valley Ranch in Montana for a guided fishing tour including hotel and roundtrip airfare for three (3) nights and two (2) days. Meals, gear, Montana state fishing license, and boat guide will be provided as part of the prize package.
Winner and guest must travel together on same itinerary and must be able to travel on specific dates as determined by Sponsor/Administrator in their sole discretion. Winner and guest are responsible for obtaining all necessary travel documents and documentation needed for Montana state fishing license. Without limiting the foregoing, airports and hotel are of Sponsor's sole choosing. Winner's guest must be at least twenty-one (21) years of age. Travel and lodging are subject to availability and other restrictions; blackout dates may apply. Trip to be taken within one calendar year of the end of the Sweepstakes Period. Should winner choose to accept prize without a guest for any reason, prize will be awarded in increments appropriate for a single traveler and no additional prize or compensation will be awarded. Excursions subject to availability. If, for whatever reason, Sponsor is unable to provide any prize element, no compensation or substitution will be provided.
The prize offered and awarded are not redeemable for cash. Prize details not specified herein shall be determined solely by Sponsor. Prizes are awarded "as is" with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize.
The approximate retail value ("ARV") of the grand prize is $5,230.00. Actual value may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of the prize.
9. Entry Conditions and Release
All materials, documents, information and data posted by entrant in connection with the Sweepstakes, including the Sweepstakes entry, are the property of Sponsor, will not be returned and may not be acknowledged. Entries must adhere to the entry guidelines indicated herein, as determined by Sponsor/Administrator in their sole discretion. By entering the Sweepstakes, entrants represent and warrant that, their entry (comment and any accompanying text) 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 an entry, entrant further represents and warrants, that any person(s) depicted or referenced in his/her entry has given his or her express written consent to the depiction/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 an entry grants Sponsor the right to use, publish, adapt, edit and/or modify the entry in any way, in whole or in part, and to use such 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, Sponsor's website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the entry. Without limiting the foregoing, such use of a Sweepstakes entry includes Sponsor posting it on the TINCUP® Whiskey Instagram page and/or, in a "gallery" on the TINCUP® Whiskey website or elsewhere (and, in all cases, such posting shall not constitute any representation of Sweepstakes eligibility or selection of entrant as a potential prize winner in the Sweepstakes. Submission of 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 entry, including, but not limited to, all intellectual property rights and proprietary rights worldwide the preceding is subject only to those rights reserved by Instagram as the operator of a social media platform). Any content, material or information included in the entry shall not be confidential, proprietary or contain any trade secret. By submitting an entry, 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 entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid entry.
Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's and Administrator's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor and Administrator in their sole discretion. Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Entry in the Sweepstakes constitutes an entrant's full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor's sole discretion and as required by law. 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 the prizewinner. To the extent necessary and permitted by law, prizewinner shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prizewinner based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize, including, but not limited to, shipping, handling and service charges.
The value of the prize won by a participant under the Sweepstakes may be taxable as income to the winner. Winner is solely responsible for any and all taxes and/or fees associated with prize. Upon receipt of the prize, the prizewinner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
In exchange for the right to participate in the Sweepstakes, each entrant agrees that he or she: (a) shall comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) releases and holds harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, as well as Instagram and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the "Released Parties") from and against any and all claims, expenses and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize.
Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes at any time without notice or further obligation.
12. Electronic Entries
In the event of a dispute, online entries (including entries made via mobile device*) will be deemed made by the authorized account holder of the email address submitted at time of entry which is associated with the social media account used in the applicable post. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service or other organization that is responsible for assigning email addresses. Winner will be required to prove, to Sponsor's satisfaction, that he/she is the owner of the social media account used to post. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete entries or for online entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays or errors of any kind in the transmission or receipt of online entries (the preceding includes, but is not limited to, filtering or other operation of the functionality of a social media platform). 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 on-line entries in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING ANY MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
*If entering 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.
13. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One (1) prize per person only. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
14. Choice of Law and Disputes
By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes shall be governed by laws of the State of New York, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.
Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (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 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
15. Entrant's Personal Information
16. Sweepstakes Results
For winner list, please send a hand-printed, self-addressed, stamped envelope to PRO3101388W TINCUP Fishing Trip Social Sweepstakes c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008. All requests for the winner list must be received by September 19, 2021.
TINCUP® WHISKEY. 42% ALC./VOL. (84 PROOF). ©2021 TINCUP WHISKEY, DENVER, CO.
PLEASE DRINK RESPONSIBLY.