FIREBALL “FIREDUP” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
The Fireball FIREDUP Sweepstakes (“Sweepstakes”) is sponsored by Sazerac Company, 3850 N Causeway Blvd, Suite 1695, Metairie, Louisiana 70002 USA (“Sponsor”).
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at or about 12:00 PM Eastern Standard Time (“EST”) on September 15, 2018 and ends at 11:59:59 PM EST on October 30, 2018 (“Sweepstakes Period”). The Sponsor’s computer is the official clock of the Sweepstakes.
2. ELIGIBILITY: This Sweepstakes is offered only to legal United States residents residing in the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Void where prohibited or restricted by law. Employees, directors, officers, and agents of Sponsor and its parent company, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Sweepstakes (“Sweepstakes Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Sweepstakes are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, there are two (2) ways to enter:
A. Text Message: Using an SMS-enabled mobile device, an entrant must send a text message stating “FIREDUP” (“Keyword”) to the short code 555888 (“Short Code”). Once the text message is received, the entrant will be sent a reply text message asking the entrant to submit his/her date of birth in the following format: “mmddyyyy”. Upon receipt of a valid Keyword and date of birth an entrant will automatically receive one (1) entry into the Sweepstakes (“Text Message Entry”). Only Text Message Entries to the Short Code with the valid Keyword and date of birth will be accepted as a valid Text Message Entry. All Text Message Entries must be received by Sponsor or its authorized designee by 11:59:59 PM EST on October 30, 2018. NOTE: Proof of text message submission does not constitute proof of delivery or receipt of the text message.
IMPORTANT: Message and data rates may apply for each text message sent or received. Your mobile telephone provider may not carry the service necessary to participate in this Sweepstakes. Entrants should consult their wireless provider’s pricing plans prior to participation in this Sweepstakes. Consent not a condition of purchase. Each Text Message Entry must be manually key-stroked/entered by the entrant.
B. Mail-In Entry: An eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, the Keyword, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: FIREDUP Text-To-Win, 11 E 47th St, 3rd Floor, New York, NY 10017. NOTE: Each Mail-In Entry must contain the Keyword or the Mail-In Entry will be invalid. All Mail-In Entries must be postmarked no later than October 30, 2018, and received on or before November 5th, 2018, in order to be eligible. Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due Mail-In Entries, or Mail-In Entries sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries.
Entry Limit: There is a limit of one (1) entry per person during the entire Sweepstakes Period. If more than one (1) entry is received from the same person, telephone number and/or e-mail address, only the first entry received may be considered valid.
4. RANDOM DRAWING: On or about November 6th, 2018, Sponsor’s representative or designee will randomly select one thousand (1000) potential Grand Prize winners from among all eligible entries received during the Sweepstakes Period. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period.
5. PRIZE AND APPROXIMATE RETAIL VALUE: One thousand (1000) Grand Prizes are available. Each Grand Prize consists of an Official Fireball Floppy Flask. Approximate Retail Value (“ARV”) of each Grand Prize: $3.00. ARV of all Prizes: $3,000.
If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Limit of one (1) prize per person/household. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. Prizes will be mailed to confirmed winners within 6-8 weeks of selection.
6. HOW TO CLAIM A PRIZE: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Any potential winner of a Grand Prize will be notified by text and will be required to complete a Prize Confirmation Form within three (3) calendar days from the date of first attempted notification or the prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information within the stated time period may result in forfeiture of winner’s right to claim a prize, and may result in the prize being awarded to an alternate winner, if time permits.
The Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or the potential winner incorrectly fills out the Prize Confirmation Form the prize may be forfeited. If a prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the Sweepstakes Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re- awarded. Prize is not transferable and includes only the items specifically listed as part of the prize. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won.
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered text messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received.
Without limiting the foregoing, everything regarding this Sweepstakes, including the prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non- infringement.
8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF KENTUCKY, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN JEFFERSON COUNTY, KENTUCKY. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
10. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each entrant agrees to allow Sponsor and Sponsor’s designees the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including but not limited to television (including live television), radio, Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Sweepstakes other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her prize. If it is discovered or suspected that a person has registered or attempted to register or receive entries using multiple telephone numbers, e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or similar methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder of the account associated with the mobile device used to complete the Text Message Entry based on the applicable carrier’s records (or e-mail address stated on the Mail-In Entry based on the applicable provider’s records) as long as such person is otherwise eligible. Potential winners may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the mobile device and associated mobile telephone number by a mobile telephone carrier (or primary owner of the e-mail address listed by the e-mail provider). If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and the Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
12. WINNERS LIST: To obtain a list of the names of the winners, mail a self-addressed, stamped business-sized envelope to Fireball FIREDUP Sweepstakes Winner’s List, CCM 11 E 47TH ST, NEW YORK, NY 10017. Winners List requests must be received by January 4, 2019.
Fireball is a registered trademark of Sazerac Company, Inc.