1. This Sweepstakes is only open to legal residents aged 21 or older of the United States and the District of Columbia only. Void where prohibited. Do not enter this Sweepstakes if you are not eligible and are not located in the United States at the time of entry.
2. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
3. SWEEPSTAKES PERIOD. The Fireball Cinnamon Whisky Tailgate Turn Up Sweepstakes (“Sweepstakes”) will commence at 9:00 AM Eastern Time (“ET”) on October 15, 2021 (“Start Date”) and end at 5:00 PM ET on October 29, 2021 (“End Date”). The period between the Start Date and End Date will be referred to as the (“Sweepstakes Period”).
4. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by Sazerac Company, Inc. located at 10101 Linn Station Rd, Suite 400, Louisville, KY 40223 (“Sponsor”). The Sweepstakes is administered by Divide LLC., located at 26 W 23rd St., Floor 6, New York, NY 10010 (“Administrator”).
5. ELIGIBILITY REQUIREMENTS. The Sweepstakes is open to legal residents of the United States and the District of Columbia who are 21 years of age or older. Void in Puerto Rico, U.S. Virgin Islands, and other U.S. territories or possessions, and wherever prohibited or restricted by law. Directors, officers, employees, and agents of Sponsor, Administrator and any retail licensees, authorized licensees, wholesale licensees, distributors, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, or other legal entities or individuals associated with the development, administration, or fulfillment of this Sweepstakes, and the immediate families of such persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws, regulations, and ordinances.
6. HOW TO ENTER. An entrant may enter the Sweepstakes during the Sweepstakes Period by sharing an in-feed Instagram Post or Instagram Story from the entrant’s public Instagram account which contains all of the following elements: (a) entrant’s account must be public and following the @fireballwhisky Instagram account at the time of posting; (b) tags the @fireballwhisky Instagram account in the entry post; (c) explains why entrant and friends are the ultimate tailgaters; (d) uses the hashtags #Sweepstakes and #FireballTailgateTurnUp. If entrant’s account is not public and/or not following the @fireballwhisky Instagram account, and/or if the hashtags are not included in the entry post, or if any other of the above elements are not included, the entry will be void. Only one (1) entry per person, as outlined below. Any attempt or suspected attempt to enter more than once per person, or any use of robotic, automatic, programmed or entry methods not authorized by these Official Rules, shall be deemed as tampering and will void all your entries. If the identity of an entrant is disputed, the authorized Instagram account holder at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitted comment is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the account associated with the selected entry. All entries must be submitted from a valid Instagram account that may be identified by reverse domain name search. Sponsor’s computer is the sole timekeeping device for this Sweepstakes. By entering, each entrant warrants and represents the following: (a) entrant is the sole and exclusive owner of the entry; (b) the entry is entrant’s own creation; and (c) the entry will not infringe on any rights of any third parties. Entries may not mention, tag, or depict any identifiable person other than entrant. By entering, entrant agrees to abide by the Official Rules and Instagram’s Terms of Use (https://www.instagram.com/about/legal/terms/before-january-19-2013/). Entries must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous, disparaging, harassing, threatening, profane, obscene, pornographic or otherwise adult-oriented, hateful, indecent, inappropriate, hurtful of religious sentiments, or injurious to any party.
7. INELIGIBLE ENTRIES: Sponsor and/or Administrator(s) are not responsible for lost, late, incomplete, tampered or damaged Entries or Entries that are lost or misdirected to any Junk folder or SPAM filter. All such Entries will be ineligible. To be eligible, the Entry must be in English. Entries will not be acknowledged or returned.
8. ODDS, PRIZE, WINNER DETERMINATION. There will be five (5) winners. Winners will be determined by random drawing conducted by Administrator on or about November 3, 2021 from among all eligible Entries. All decisions of Sponsor or Administrator are final and binding. All Entries are subject to verification, confirmation and compliance with the Official Rules. Odds of winning depend upon the number of eligible Entries received. Limit: 1 winner per household.
Each winner will receive one (1) prize consisting of a $750.00 USD payment awarded via PayPal, and Fireball branded swag including a jersey, flag and branded cups and ping pong balls. Total ARV of each prize is $903.00. The ARV of all the prizes to be awarded in this Sweepstakes is $4,515.00. Alcohol is not included as part of any prize.
Legal Agreements for PayPal Services can be found through PayPal’s website: https://www.paypal.com/us/webapps/mpp/country-worldwide. Winners who do not have a PayPal account, will be paid via prepaid electronic gift card to the email address associated with the Entry. Prize is non-transferrable and cannot be redeemed for cash value. All applicable taxes on the Prize, if any, and any other costs not specifically stated herein are responsibility of each winner. Sponsor reserves the right to substitute a prize of equal or greater value if Prize or any part is not available. Sponsor will send Winner a direct message via Instagram or via email to discuss details for awarding the Prize.
9. WINNER NOTIFICATION. Sponsor or Administrator will attempt to notify each Potential Winner (“Potential Winner”) by sending a direct message via Instagram or via email. Sponsor shall make a reasonable number of attempts to award the Prize. Potential Winner must respond within twenty four (24) hours of notification attempt. Awarding of any prize is subject to verification of Potential Winner’s eligibility and full compliance with these Official Rules. The Potential Winner will be required to complete, sign and return an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within twelve (12) hours of receiving the Affidavit and Release from Sponsor or Administrator, which will be sent via email. Failure to return the signed Affidavit and Release within twelve (12) hours following the time and date of delivery thereof may result in forfeiture of the prize. If any Potential Winner cannot be contacted as specified above, or if Potential Winner fails to return the signed Affidavit of Eligibility by the deadline specified above, or if a Potential Winner is deemed ineligible for any other reason in Sponsor or Administrator’s sole discretion, the Potential Winner will be disqualified and an alternate winner may, at Sponsor or Administrator’s sole discretion, be selected in his/her place from among all remaining eligible Entries, time permitting.
10. TECHNICAL IMPAIRMENT. If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, suspend, terminate or modify the Sweepstakes.
In such event, Sponsor, at its discretion, may select winner from the eligible, non-suspect Entries fulfilling the applicable eligibility requirements prior to the event requiring termination, cancellation or suspension of this Sweepstakes. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties (as defined below) are not responsible for hardware or software failures of any kind, traffic congestion in any networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by technical or human error which may occur and/or which may damage Sponsors’ ability to receive or store Sweepstakes data, or which may damage an entrant’s system in connection with the selected method of Entry, or which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the Sweepstakes. In the event that any entrant’s Entry attempt is not successfully received by Sponsor, that entrant’s sole remedy shall be to attempt to enter the Sweepstakes once again during the Sweepstakes Period. Sponsor and Administrator reserve the right at its sole discretion, to disqualify any individual who tampers with the Sweepstakes, or the operation of the Sweepstakes, or who enters using any automatic or programmed Entry duplication method, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Sweepstakes.
11. LICENSE TO ENTRY. By submitting an Entry, you irrevocably grant Sponsor and its designated agents the royalty-free right throughout the world in perpetuity to use, re-use, copy, publish, copyright, republish in whole or in part, edit, add to, modify, and rearrange the Entry in whatever media now known or hereafter developed, for use in the advertising and promotion of Sponsor and Sponsor’s products without further permission, approval, consideration or payment to the you, except where prohibited by law. You agree to sign any document requested by Sponsor to further confirm this license.
12. LIMITATIONS OF LIABILITY AND RELEASES. No liability or responsibility is assumed by Sponsor from entrant’s participation in, or attempt to participate in, the Sweepstakes. Sponsor is not responsible for any typographical errors in the information provided by entrants, or in the announcement of prizes or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Sweepstakes and/or accepting any prize, each entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator, or their respective designated agents, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsor or Administrator, and further agrees that all prizes are awarded upon the condition that Sponsor, Administrator, Instagram, Inc. and any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever, and each entrant agrees to release, indemnify and hold harmless the Released Parties for, any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Sweepstakes or participation in any Sweepstakes-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Sweepstakes.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By accepting a prize, the winners grant to the Released Parties (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission to use, edit, modify, copy, reproduce, and distribute winners’ names, cities and/or states of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes relating to the Sweepstakes, in any media or format, whether now known or hereafter developed, including but not limited to the internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law. Should any winner make any false statement in any document referenced herein, the winner will be required to promptly return to Sponsor the awarded prize(s) received.
13. GOVERNING LAW & JURISDICTION. Except where prohibited, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, Sponsor, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the state of Kentucky without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prize, shall be filed only in the state courts with jurisdiction over Jefferson County, Kentucky or in federal courts in Jefferson County Kentucky, and the entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. NO THIRD PARTY ASSOCIATION. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc., PayPal, or any other third party, other than Administrator. You understand that you are providing your information to Sponsor, not to Instagram, PayPal, or any other third party. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor or Administrator.
15. PRIVACY. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes solely for the purposes of administering the Sweepstakes and fulfilling the prize, and by entering this Sweepstakes you consent to the collection, use, disclosure and management of your personal information for said purposes. All personal information that entrants submit will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s complete online privacy policy please visit https://www.sazerac.com/privacy-policy.html
16. WINNERS LIST/OFFICIAL RULES. For the names of winner(s), please send a self- addressed stamped envelope postmarked within 30 days following the Sweepstakes Period to Divide, “Fireball Cinnamon Whisky Tailgate Turn Up Sweepstakes,” 26 W 23rd St., Floor 6, New York, NY 10010. Fireball Cinnamon Whisky with natural cinnamon flavor. 33% Alc./Vol. Sazerac Company, Inc., New Orleans, LA . Copyright 2021, Sazerac Co, Inc.
