OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
PURCHASE OF ALCOHOL BEVERAGE IS NOT REQUIRED TO PARTICIPATE.
5. RANDOM DRAWING/WINNER NOTIFICATION/ADDITIONAL PRIZE RESTRICTIONS/ODDS: On or about April 24, an independent judging organization will select the winner in a random drawing from among all timely received eligible entries. Potential winner will be notified directly either by phone or email to obtain his/her complete contact information, and to verify his/her eligibility and ability to accept the prize. Any such message will instruct the potential winner to reply as instructed within three (3) full business days (measured in the local time zone) after the time that the notification message was left. Potential winner must reply as instructed within such three (3) full business days’ period, or he/she will be disqualified. In Sponsor’s sole discretion, potential winner may be required to complete a notarized affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned, along with a copy of potential winner’s government-issued photo identification as proof of age, by the date specified in winner’s notification materials, as determined by Sponsor in its sole discretion. Further, for tax reporting purposes, the potential Grand Prize winner will be required to provide Sponsor with his/her valid social security number or tax identification number on a properly completed IRS W-9 form before the Grand Prize will be awarded. In addition, Sponsor reserves the right to require potential winner and guest to submit to a confidential criminal background check to confirm eligibility as a condition of participation, to help ensure that the use of any such person in advertising or publicity will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes, as determined by Sponsor in its sole discretion. Any participant may be disqualified in Sponsor’s sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) if any background check is deemed unsatisfactory in Sponsor’s sole discretion; (c) he/she fails to comply with any of the terms of these Official Rules, or (d) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, assuming there is sufficient time available for winner notification and verification, at Sponsor’s sole discretion the prize may be awarded to an alternate winner randomly selected from among the remaining eligible entries, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry/prize claim submission. Any costs and expenses not specifically described herein as part of a prize are the sole responsibility of the applicable winner. Prizes are non-transferable. Unless otherwise described herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the winner. Grand Prize winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize. Odds of winning depend on the number of eligible entries timely received.
6. GENERAL CONDITIONS: The Sponsor, Brown-Forman, alcohol beverage wholesalers and retailers, and related entities, together with the employees, officers, directors, agents, and shareholders of each (aforementioned individuals and organizations collectively, the “Released Parties”) are not responsible and shall not be liable for:
[i] failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services;
[ii] interrupted or unavailable network, server or other connections including those through and/or by the Website;
[iii] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries;
[iv] failed, garbled, lost, misrouted or scrambled transmissions or incorrect/inaccurate entry information;
[v] any error, omission, interruption, defect or delay in any transmission or communication or other errors or problems of any kind whether mechanical, human, technical, electronic, cellular telephone related or otherwise;
[vi] traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer or wireless phone/handset related to or resulting from participation in this Sweepstakes;
[vii] late, lost, incomplete, damaged, or misdirected entries, email messages, or postage-due mail;
[viii] any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; or
[ix] printing errors in Sweepstakes / advertising materials.
By entering and participating, entrants agree to:
[i] abide by these Official Rules and by the decisions of the Sponsor, whose decisions are final and binding on all matters pertaining to this Sweepstakes;
[ii] Except where prohibited, participation in the Promotion 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. Winner and guest may appear on a national television broadcast after the Old Forester Turf Classic horse race at Churchill Downs on May 5, 2018.
[iii] the use of their names, photographs, testimonials or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) by Sponsor, Fox, and their designee(s) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the universe in perpetuity, including but not limited to the posting of their names on the Website, without compensation or notice to, or further consent of, to the applicable winner(s) to the extent permitted by law; and
[iv] to release, discharge and hold harmless the Released Parties from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use or misuse of any prize awarded in this Sweepstakes, including, without limitation, personal injury, death and property damage.
Failure to comply with these Official Rules may result in disqualification at Sponsor’s sole discretion and selection of an alternate winner. All federal, state and local laws and regulations apply. CAUTION: ANY ATTEMPT BY A SWEEPSTAKES ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH SWEEPSTAKES ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Internet entry must be made by the entrant only at the authorized web site address. Entries may not be made by any other individual or any entity, and/or originate at any unauthorized Internet web site, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites. Any potential winner who entered by any of the prohibited methods described above will be disqualified and an alternate winner will be selected in a random drawing from among the remaining eligible entries. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or any web site associated therewith; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select the winner(s) in a random drawing from among all eligible, non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
7. GOVERNING LAW: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes 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 Sponsor in connection with the Sweepstakes, 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 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.
8. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Sweepstakes, entrants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries and the publicly accessible information associated with the entrant’s information at the time of participation, for all purposes related to the Sweepstakes (including, without limitation, processing and administering entries, sharing an entrant’s personal information with Sponsor’s service providers and contractors, as necessary to conduct and operate the Sweepstakes, communicating with and awarding prize to winner, making public announcements about winner, and advertising, promoting and publicizing the Sweepstakes). Information collected from entrants is subject to the Sponsor's Privacy Policy.
9. INDEMNITY: You agree to indemnify and hold DoStuff Media and the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of your entry, or your conduct in creating an entry or otherwise in connection with this Sweepstakes, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
10. WINNER’S LIST: To receive the name, city, and state of the winner, mail a self-addressed, stamped envelope to be received by December 31, 2018 to:
Red Moon Marketing
Attn: Do502 Derby Like a Local Sweepstakes presented by Old Forester
7804 Fairview Road, Box #309
Charlotte, NC 28226
(Do NOT send sweepstakes entries to this address.)
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of any third party trademarks is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of this Sweepstakes.
Sponsor: Brown-Forman Corporation, 850 Dixie Highway, Louisville, KY 40210
PLEASE SIP RESPONSIBLY.
Old Forester Kentucky Straight Bourbon Whisky, 43-57.5% Alc./Vol. © 2018 Old Forester Distilling Company, Louisville, KY