EVAN WILLIAMS® FLAVORS GETAWAY SWEEPSTAKES PROMOTION

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OF ALCOHOL IS REQUIRED TO PARTICIPATE.

 

1)         ELIGIBILITY:  The EVAN WILLIAMS® FLAVORS GETAWAY SWEEPSTAKES (“Promotion”) is open only to legal residents of the United States excluding MD, NH, and VT, who are (a) 21 years of age or older at the time of entry; and (b) registered users of www.instagram.com (as applicable) with an active, account from the time of entry until the end of the Promotion Period (defined below).  Employees, directors, agents and officers of Sponsor, participating vendors (if any), alcohol beverage retailers, alcohol beverage distributors, their respective parent companies, affiliates, and subsidiaries, and their respective participating advertising, promotions, public relations agencies, members of the alcohol beverage industry as well as members of their immediate families and/or those living in the same household as such individuals are not eligible to enter. The Promotion is (a) governed by these Official Rules, (b) void where prohibited or restricted by law, and (c) subject to all applicable federal, state, and local laws and regulations.  You must have access to the Internet in order to enter.  By entering, you agree that you have read and consent to be bound by these Official Rules, and Sponsor’s privacy policy, available here.  Eligibility is conditioned on the acceptance of these Official Rules and Sponsor’s privacy policy at time of entry.

 

2)         HOW TO ENTER: The Promotion begins on MONDAY, MARCH 28, 2022 at 12:00 AM Eastern Time (“ET”) and ends FRIDAY, APRIL 22, 2022 at 11:59 PM ET (“Promotion Period”), and is designed to give eligible entrants the opportunity to win the Prize in accordance with these Official Rules. For purposes of these Official Rules, all times are given is EST.  The Sweepstakes Website (defined below) and the Instagram site are the official time keeping devices for this Promotion if entering online. There are TWO (2) ways to enter:

 

a)         Instagram Entry: During the Promotion Period:

i)           Become a follower of @evanwilliamsflavors (https://www.instagram.com/evanwilliamsflavors/) on Instagram, if you are not already; and drop an apple, peach, honeybee, cherry, OR fire emoji in the comments of the Evan Williams Flavors Getaway  Sweepstakes Instagram post (posted by @evanwilliamsflavors) that corresponds with your favorite flavor/the city (as shown in the chart below) you’d like to travel to if you win the Getaway using the same Instagram account used to follow @evanwilliamsflavors

 

City

Flavor

Commonly Used Emoji Name

Emoji

New York City, NY

Apple

Green Apple

🍏

Savannah, GA

Peach

Peach

🍑

Los Angeles, CA

Honey

Honeybee

🐝

Las Vegas, NV

Cherry

Cherries

🍒

Miami, FL

Fire

Fire, Flame

🔥

 

ii)         Receive up to three (3) additional entries by tagging your Instagram friends in your comment; You will receive one (1) additional entry for each tagged friend (each a “Submission”).

iii)        Receive one (1) additional entry if you share the Evan Williams Flavors Getaway Sweepstakes Instagram post to your story (each a “Submission”).

 

b)         Online Entry: Visit evanwilliams.secondstreetapp.com/Evan-Williams-Flavors-Getaway-Sweepstakes during the Promotion Period. Follow the instructions to complete the online registration form with all required information, including your name, valid email address, phone number (including area code), state of residence and date of birth.  After having read and agreed to these Official Rules, click the submit button to submit your online entry.

 

Limit FIVE (5) Submission(s) per person/account via Instagram entry method during the Promotion Period.

 

Limit ONE (1) Submission(s) per person/account via online entry form method during the Promotion Period.

 

Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, all of which are void. Each potential winner may be required to show proof of being the authorized individual account holder of the account associated with the winning Submission. It is solely the responsibility of the participant to notify Sponsor in writing if he/she changes his or her phone number or other contact information during the Promotion Period. Proof of submitting an entry does not constitute proof of delivery or entry. All entries become the property of Sponsor and will not be returned to participant. Use of multiple phone numbers, social media accounts, email addresses and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of entries, is prohibited and such persons will be disqualified, and all entries deemed invalid and any prize won shall be forfeited. Sponsor’s computer is the official Promotion clock.  Message and data rates may apply for Submissions submitted via mobile devices.

 

3)         SUBMISSION REQUIREMENTS:  Each Submission must comply with the following:

 

a) Each Submission must meet the technical and content requirements of Instagram (available at www.instagram.com), as applicable.  

 

b) Submissions that feature, mention, refer or otherwise allude to the name, logo or trademark of any entity, third party individual, product or brand other than EVAN WILLIAMS FLAVORS may not be submitted, and may be disqualified at any time in Sponsor’s sole and unfettered discretion.

 

c)  Any Submission that fails to meet the Sponsor’s specifications may be disqualified at any time in Sponsor’s sole and unfettered discretion.

 

d) The Submission must be your own original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.

 

e) The Submission may not have been previously published or distributed in any media, and may not have been entered in or won any previous sweepstakes, contest(s), or other promotion(s).

 

f)  Submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, non-family-friendly, and/or Submissions that otherwise contain inappropriate content or objectionable material may not be submitted and may be disqualified at any time in Sponsor’s sole and unfettered discretion.

 

g) Submissions that contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way may not be submitted and may be disqualified at any time in Sponsor’s sole and unfettered discretion.

 

h) Submissions must not contain any images or personally identifiable information of any person other than you.  Should you include personally identifiable information about yourself in your Submission, you acknowledge and agree that such information will be disclosed publicly, and you are solely responsible for any consequences thereof.

 

i)   You may not be, nor may you work with parties in conjunction with your Submissions who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display your Submission in any media form; or 2) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Submission worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.

 

Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. The decisions of the Sponsor on this and all matters pertaining to the Promotion shall be final and binding.

 

4)         INTELLECTUAL PROPERTY:  The intellectual rights to the Submission, if any, will remain with the entrant, except that these Official Rules do not supersede any other assignment or grant of rights according to any other separate agreements between entrants and other parties.  As a condition of entry, entrant agrees that Sponsor shall have the right to use, copy, modify and make available the Submission in connection with the operation, conduct, administration, and advertising and promotion of the Promotion and of Sponsor via communication to the public, including, but not limited to the right to make screenshots, animations, and video clips available to the public for promotional and publicity purposes.  Furthermore, by participating in the Promotion and/or accepting the Prize, each entrant grants (and agrees to confirm that grant in writing) to Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered without notice, review or approval and without additional compensation, except where otherwise prohibited by law.

 

5)         RANDOM DRAWING(S):  Within SEVEN (7) DAYS after the end of the Promotion Period, ONE (1) potential winner will be selected in a random drawing from among all eligible Submissions received during the Promotion Period (“Prize Winner”). Drawing will be conducted by Sponsor’s representative or designee, whose decisions shall be final and binding in all respects.  Potential winner will be contacted by Instagram direct message and/or via email, and will be asked to provide the necessary information (such as first and last name, email address, mailing address, and/or phone number) to Sponsor.

 

6)         PRIZE: There will be one (1) Prize, consisting of one getaway trip to the city identified by Sponsor within the chart in Section 2 above that corresponds with the favorite flavor/city identified in the Prize Winner’s  Submission (“Host City”) for the Prize Winner and three (3) guests (“Guests”) that include: a) four (4) round-trip economy airline tickets on an air carrier of Sponsor’s choosing from a major commercial airport nearest Prize Winner’s residence and a major commercial airport nearest the a Host City; b) hotel accommodations at a hotel of Sponsor’s choosing, (two [2] double-occupancy rooms) for three 3) nights in the Host City; and c) one (1) $300 prepaid VISA gift card (the “Prize”). The Prepaid card is subject to terms and conditions as set by the issuer. Total Approximate Retail Value (“ARV”) of the Prize is $4,999..00. All luggage fees, meals, ground transportation, gratuities, excursion fees, alcoholic beverages, and any other incidental costs or other expenses associated with the Prize and not specifically set forth herein are not included and the responsibility of the Prize Winner. Any Prize details not specified above will be determined by Sponsor in its sole discretion.

 

Prize Winner will be able to determine best suitable date for travel in mutual agreement with the Sponsor. Entrants must provide a telephone number once selected as the potential Prize Winner for purposes of being contacted by the Sponsor for arranging prize fulfillment including, but not limited to arrangement of hotel and airline accommodations. The Prize Winner must be willing and able to travel on the dates agreed upon by the Winner and the Sponsor. The Prize must be used within ONE (1) calendar year of acceptance of the Prize.

 

7)         PRIZE RESTRICTIONS:  Prize is not transferable and non-assignable. Taxes on Prize are sole responsibility of the Prize Winner.  No Prize substitutions or cash redemptions allowed, except by Sponsor, who may substitute a Prize of equal or greater value if advertised Prize becomes unavailable. Actual value of Prize may vary depending on Prize Winner’s point of travel origin, the location of the Host City, airfare, and hotel fluctuations. Any difference between the stated ARV of a prize and actual value may be awarded at Sponsor’s sole discretion. For the Prize, airport, airline, and hotel accommodations will be determined by the Sponsor. If Prize Winner is unable to travel on the dates designated by the Winner and Sponsor, the Prize may be forfeited and awarded to the alternate potential winner.  If the confirmed winner forfeits the Prize for any reason after confirmation, no alternate winner will be selected. Prize Winner will be required to provide a credit card at time of hotel check-in to cover hotel incidentals. If in the judgment of the Sponsor, air travel is not required due to the Prize Winner’s proximity to Host City, or if the Prize Winner has decided to drive, the Prize Winner may receive ground transportation to the Host City in lieu of air transportation, or the Prize Winner may be reimbursed for gasoline purchased, with receipts, for the drive to and from the Host City if the Prize Winner drives his or her own vehicle, all as determined in Sponsor’s sole discretion. Prize Winner’s Guests must be twenty-one (21) years of age or older at the time of winner verification. Prize Winner and Guests must travel on the same itinerary on the travel dates scheduled, comply with all security requirements for travel and are solely responsible for obtaining all necessary travel documents prior to departure date for travel (e.g., a valid U.S. driver’s license). Prize Winner and Guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor have not and will not obtain or provide travel insurance or any other form of insurance. Sponsor shall not be held responsible for any delays in awarding the Prize or any component thereof for any reason.  Entry into this Promotion constitutes entrant’s agreement to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion.   Prize Winner and Guests must sign and return an Affidavit of Eligibility/Liability & Publicity Release (except where prohibited by law) within seventy two (72) hours following the date of first attempted notification.  Failure to comply within this time period may result in disqualification and selection of an alternate winner.  In the event that the signed Affidavits of the Prize winner or Guests are not received within the time period stated above or if the Prize Winner is found ineligible or does not comply with these Official Rules, the Prize may, in the Sponsor’s sole and absolute discretion, be forfeited and awarded to the alternate potential winner.  If the confirmed winner forfeits the Prize for any reason after confirmation, no alternate winner will be selected. Once Guests are selected by Prize Winner, they may not be substituted, except in Sponsor's sole and absolute discretion. Travel arrangements are subject to availability and must be round trip. Flight itinerary may include one or more stops and/or layovers. All airfare, luggage fees, hotel, meals, ground transportation, gratuities, excursions fees, alcoholic beverages, and any other incidental costs or other expenses associated with the Prize and not specifically set forth herein are the sole responsibility of Prize Winner and Guests. Airline tickets are nonrefundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Airline tickets are subject to flight variations, work stoppages, and schedule or route changes. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omission whatsoever by the air carriers, hotels, transportation companies, prize providers or any other persons providing any Prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any flight. Sponsor shall not be liable for any loss or damage to baggage. Additional Prize details and travel information to be provided to the Prize Winner at the time of notification. Lost, stolen, or damaged airline tickets will not be replaced or exchanged. Prize Winner’s Guest must be of legal age of majority in his/her(their) jurisdiction(s) of residence. All Prize details are at Sponsor’s sole discretion. Sponsor and its prize providers have the right, at their sole discretion, to disqualify and remove the Prize Winner and/or Guests from any activity at any time without compensation if the Prize Winner’s and/or Guests’ behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, or its prize providers, Prize Winner will still be solely responsible for all taxes and other expenses relating to the Prize. Sponsor shall not be responsible for any damage to property (including hotel or travel accommodations arranged by the Sponsor) caused by the Prize Winner’s and/or Guests’ behavior. Prize Winner’s and Guests’ participation in any or all activities on the Prize trip is voluntary.

 

8)         CONDITIONS OF PARTICIPATION:  Potential Prize Winner and Guests are subject to verification, including verification of age. The potential Prize Winner will be contacted on or about 04/29/2022 via Instagram direct message at the username provided at the time of entry (the “Notification”). Potential Prize Winner will be required to respond within twenty-four (24) hours of Notification to confirm acceptance of the Prize. If potential Prize Winner does not respond to the Notification within twenty-four (24) hours, Prize may be forfeited and an alternate potential Prize Winner may be selected and awarded to the alternate potential winner, time permitting. After two (2) unsuccessful attempts to verify an alternate winner, the respective prize will remain un-awarded.  Prizes that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded.

 

Upon Sponsor’s receipt of the potential Prize Winner’s response, he or she will be sent via traceable mail/email an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release, Guest Releases, and an IRS W-9 tax form (the “Paperwork”), and will be required to complete, sign, have notarized, and return the Paperwork via traceable mail/email within three (3) calendar days. Sponsor must receive potential Prize Winner’s and his or her Guests’ Paperwork for fulfillment of Prize. Contest Parties are not responsible for any change of mailing address, email address, and/or telephone number of entrants. If a Notification or Prize is unclaimed, or returned as undeliverable; if any Prize correspondence is not returned within the required time period; if potential Prize Winner declines the Prize for any reason; or if potential Prize Winner is found not to be eligible or in noncompliance with these Official Rules, such potential Prize Winner will forfeit the Prize. Taxes: Prize Winner is solely responsible for any taxes on the Prize, and Prize Winner will be issued an IRS Form 1099 reporting the value of the Prize. The potential Prize Winner will be required to complete a W-9 Tax Form and will be required to furnish his or her social security number for the sole purpose of preparation of any tax forms as required by law.

 

In no event will more than one (1) Prize be awarded. If, for any reason, more than one (1) prize notification is sent (or more than one (1) claim is received), Sponsor reserves the right to award the prize through a random drawing from among all eligible prize claims received.  As a condition of entry, entrants agree that (1) the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter; and (2) any questions, comments or complaints regarding the Promotion will be directed to Sponsor, not to Facebook, Instagram, or Twitter. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  Each potential winner may be subject to a background check before the prize is awarded. Sponsor reserves the right to disqualify a potential winner based on the results of such background check if Sponsor determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Sponsor.

 

Except in Tennessee, and where prohibited by law, by accepting Prize, each entrant agrees to allow Sponsor the right to use his/her name, photo and likeness, voice recording, video images and all related footage, and statements for Promotion, 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.

 

Prize Winner acknowledges that in the event of delays or cancellation of the Getaway directly or indirectly caused by unexpected travel advisories and restrictions as to health, including quarantines, as a result of the Coronavirus (COVID-19) that would result in Sponsor’s inability to award the Prize, Sponsor, in its sole discretion, reserves the right to award the Prize Winner a dollar amount equal to the full cash value of the ARV of the Prize.

 

7)         RELEASE:  By participating in the Promotion, entrants and winners agree to release Sponsor, participating vendors (if any), Facebook, Instagram, Twitter, and each of their respective parent companies, subsidiaries, affiliates, related companies and advertising, promotion and public relations agencies, and each of their respective officers, directors, employees and agents (“Released Parties”) from any and all liability, loss or damage of any kind arising out of or in connection with their participation in this Promotion or with respect to awarding, receipt, possession, use and/or misuse of any Prize.  The Released Parties not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, or in the announcement of the prize.  An entrant may be prohibited from participating in this Promotion if, in Sponsor’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of this Promotion by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Released Parties, or associated agencies or entities.

 

8)         DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Kentucky. 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 the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.

 

9)         WARRANTY AND INDEMNITY:  Each entrant represents and warrants that their Submission is original, that they are the sole and exclusive owner and rights holder of the submitted Submission, and that they have the right to submit the Submission in the Promotion. Each entrant further represents and warrants that their Submission does not (1) infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) include any personally identifiable information of any person other than entrant; or (3) otherwise violate any applicable law.  To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified the Released Parties at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Released Parties may become liable by reason of or related or incidental to any act, default or omission by an entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission, whether negligent or otherwise, of these Official Rules by an entrant.

 

10)   ELIMINATION:  Any false information provided within the context of the Promotion by any entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these Official Rules or the like may result in the immediate elimination of the entrant from the Promotion.  Sponsor further reserves the right to disqualify any Submission that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.

 

11)   WAIVER:  Entrants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased.  

 

12)   LIMIT OF LIABILITY:  Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry or Submission information by Sponsor on account of technical problems or traffic congestion via mobile phone or otherwise. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, act of God, or any other causes which corrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any portion thereof at any time, and for any reason without further obligation or advance notice.  Sponsor reserves the right, but does not have any obligation, to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process or the operation of the Promotion or acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

 

13)   CAUTION:  Any attempt by an entrant to deliberately damage any associated website or undermine the legitimate operation of the Promotion 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 entrant to the fullest extent of the law. 

 

14)   SEVERABILITY:  If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

 

15)   WINNERS’ LIST: For a copy of the winners’ list, send a self-addressed, stamped envelope postmarked by July 25, 2022 to Heaven Hill Sales Co., P.O. Box 563, Bardstown, KY 40004, Attention Evan Williams Flavors Getaway Sweepstakes Winner's List Request.

16)   SPONSOR:  Heaven Hill Sales Co., 1064 Loretto Rd., Bardstown, KY 40004.