COMPETITION TERMS & CONDITIONS
LAMBAY LEGENDS SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM®.
The entry period for The Lambay Legends Sweepstakes (“Sweepstakes”), sponsored by Lambay Irish Whiskey Company (DAC) (“Sponsor”), begins Thursday March 5th , at 12:00:01 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on Saturday March 28th 2020 (the “Sweepstakes Period”). Any attempted form of entry into the Sweepstakes other than as described herein is void.
The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry: (a) are twenty-one (21) years of age or older, (b) are a legal resident of and physically residing in one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law), and (3) have a registered account with Instagram. (“Entrant”).
Sponsor, employees of Sponsor, and their respective parents, subsidiaries and affiliated companies, advertising, promotion or production agencies, licensed alcoholic beverage retailers, wholesalers, and manufacturers, (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
Entrants for the Prize must be available to travel to Lambay, Ireland with a United States departure date prior to October 31st, 2020. If a potential winner is not available for travel by the designated date then he or she will forfeit the entire Prize and will not be eligible to receive any alternate compensation. Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
HOW TO ENTER:
There are 2 ways to enter. Following the instructions provided in these Official Rules. Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer or mobile device will serve as the official timepiece for the Sweepstakes.
- Via Instagram: If the Entrant meets the eligibility criteria set forth above, to enter, Entrant must visit the @lambaywhiskeyUS account on Instagram and locate the Sweepstakes post (the “Post”) during the Sweepstakes Period and follow the steps below:
- Follow @lambaywhiskeyUS during the Sweepstakes Period and for a period of 30 days thereafter.
- On your web-enabled mobile device, using the Instagram application search 'lambay' in the gif section on the @lambaywhiskeyUS Instagram Stories, take a picture and insert the Lambay gifs that are offered to create your unique “Lambay” image, post the new image to your Instagram Stories, tag ‘@mention’ @lambaywhiskeyUS and include the hashtags #lambaylegends and #LambayLegendsSweepstakes (the “Entry Post”).
- The @lambaywhiskeyUS account will save your Entry Post to the highlights section of its account. It can take up to 24 hours for your Entry Post to be visible on the highlights section of the @lambaywhiskeyUS Instagram account. Saving and posting of your Entry Post by Sponsor is done solely to preserve your entry and is not evidence of compliance with these Official Rules, having properly entered, or having won any prize.
- Via Facebook: If the Entrant meets the eligibility criteria set forth above, to enter, Entrant must visit the @lambaywhiskeyUS account on Facebook and locate the Sweepstakes post (the “Post”) during the Sweepstakes Period and follow the steps below:
a. Follow @lambaywhiskeyUS during the Sweepstakes Period and for a period of 30 days thereafter.
b. On your web-enabled mobile device, using the Facebook application search 'lambay' in the gif section on the @lambaywhiskeyUS Instagram Stories, take a picture and insert the Lambay gifs that are offered to create your unique “Lambay” image, post the new image to your Instagram Stories, tag ‘@mention’ @lambaywhiskeyUS and include the hashtags #lambaylegends and #LambayLegendsSweepstakes (the “Entry Post”).
- c. The @lambaywhiskeyUS account will save your Entry Post to the highlights section of its account. It can take up to 24 hours for your Entry Post to be visible on the highlights section of the @lambaywhiskeyUS Instagram account. Saving and posting of your Entry Post by Sponsor is done solely to preserve your entry and is not evidence of compliance with these Official Rules, having properly entered, or having won any prize.
Entrant may only enter once during the Sweepstakes Period regardless of the number of Instagram accounts Entrant may have.
Standard internet and/or mobile access and data/usage charges imposed by Entrants’ online service and/or mobile carrier may apply and are Entrants’ sole responsibility.
A maximum of one (1) entry per Entrant during the Sweepstakes Period as detailed in these Official Rules will be accepted. Any attempt(s) made by the same individual to submit more than the permitted entries by using multiple emails/mobile numbers, false contact information, accounts or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Entrant must set their Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, Entrants must set their Instagram account settings to “Public,” and take any further necessary steps to ensure receipt of any communication from Sponsor. It is Entrant’s sole responsibility to take any steps necessary to adjust their Instagram account settings to permit entrant to receive messages from Sponsor. Any Entrant’s failure or inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such Entrant to comply with these Official Rules, and any such entrant shall be disqualified. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants. By entering this Sweepstakes, each entrant agrees that the Sponsor may contact the Entrant by Direct/Private Message via Entrant’s Instagram account, to administer and fulfill this Sweepstakes.
Entrant’s entry must be received by Sponsor between Thursday, March 5th 2020 at 12:00:01 a.m. ET and ends at 11:59:59 p.m. ET on Saturday, March 28th 2020.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on Instagram or other websites, applications, or social media platforms (including websites, applications and social media platforms used by Sponsor or the Sweepstakes Entities). Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. All Submissions will be reviewed for content before being published. While certain Submissions may be featured from time to time during the Sweepstakes Period, if an Entrant’s Submission is a featured Submission, it does not constitute any representation that the Entrant responsible for such Submission is either eligible for the Sweepstakes or has been selected as a prize winner in the Sweepstakes.
Sponsor reserves the right to disqualify any Entry that does not comply with any platform terms or rules, that is considered disparaging, objectionable or inappropriate in the sole and absolute discretion of the Sponsor, or which otherwise does not comply with these Official Rules.
Once submitted, an Entry is final and may not be altered or edited. Sponsor reserves the right to waive any of the requirements set forth herein in its sole and absolute discretion. Entrants are advised to retain copies of their Entries for their records because no Entry will be acknowledged or returned. Entries must be received during the Sweepstakes Period, the beginning and ending of which shall be determined according to Sponsor’s clock. Proof of submitting any Entry is not considered proof of delivery to or receipt of such Entry by Sponsor. Furthermore, Sponsor shall have no liability for any Entry that is lost, intercepted, or not received by the Sponsor.
Only online Entries will be accepted for the Sweepstakes. No hand, mail-in, or e-mail deliveries will be accepted. Incomplete, garbled, corrupted, or otherwise illegible Entries are void and will not be accepted. Sponsor reserves the right to disqualify false Entries or Entries suspected of being false in its sole and absolute discretion.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, Entrant may be subject to additional fees when completing an entry from a mobile device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using a mobile device for entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes.
WINNER SELECTION PROCESS:
Sponsor will conduct a random drawing on or around April 8, 2020, from among all eligible entries received during the applicable Sweepstakes Period, to determine the Prize winners.
Entrants for the Prize must be available to travel to Lambay, Ireland, on or before October 31st, 2020. If a potential winner is not available for travel by the designated date, then he or she will forfeit the entire Prize and will not be eligible to receive any alternate compensation. Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
The Grand Prize Winner of the trip to visit Lambay, Ireland is hereinafter as “Prizewinner”. The Grand Prize is referenced hereinafter as “Prize.”
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion. Additionally, Sponsor reserves the right to conduct background checks on the potential winner and the potential Prizewinner’s companion, as a condition to receipt of the Prize. Prizewinner and Prizewinner’s selected companion must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the Prize. Sponsor reserves the right, in its sole discretion, to disqualify any Prizewinner and/or Prizewinner’s companion based on such background check if Sponsor determines, in its sole discretion, the background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined at Sponsor’s sole and absolute discretion).
All prizes legitimately claimed will be awarded.
GRAND PRIZE 1 for International residents :
One (1) grand prize (the “Grand Prize”) winner will receive:
- Round-trip, coach-class airfare for two (2) people, Prizewinner and one (1) guest, to Dublin, Ireland, from Prizewinner’s nearest major airport, as determined by the Sponsors;
- 5 days and five (4) nights first-class hotel accommodations, based on double-occupancy, in Dublin, Ireland at a hotel of the Sponsors’ choice;
- Excursion to Lambay Island for Prizewinner and guest, which includes roundtrip boat transfer between Dublin and Lambay Island, private tour of Lambay Island, and whiskey tasting. Maximum duration on Lambay Island is four (4) hours.
- Both Prizewinner and any guest will each be responsible for providing valid identification for travel.
Approximate Retail Value (“ARV”) of the Grand Prize: Four Thousand One Hundred Dollars ($4,100). The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded.
Odds of winning will depend upon the total number of eligible entries received. Trip must be taken by October 31st 2020 or prize will be forfeited in its entirety. The prize package will be awarded within approximately 45 days after the winner is verified.
GRAND PRIZE 2 for Irish residents :
One (1) grand prize (the “Grand Prize”) winner will receive:
- Accommodation for two (2) people, Prizewinner and one (1) guest, to Dublin, Ireland, for 2 nights in a four star hotel.
- Prize includes hotel accommodations, based on double-occupancy, in Dublin, Ireland at a hotel of the Sponsors’ choice, including one evening meal in the Hotel.
- Excursion to Lambay Island for Prizewinner and guest, which includes roundtrip boat transfer between Dublin and Lambay Island, private tour of Lambay Island, and whiskey tasting. Maximum duration on Lambay Island is four (4) hours.
- Both Prizewinner and any guest will each be responsible for providing valid identification for travel.
Approximate Retail Value (“ARV”) of the Grand Prize Two thousand Euro (€2,000). The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded.
PRIZEWINNER NOTIFICATION PROCESS:
The potential winner will be notified using a post on the potentially winning entry or through a direct message on Instagram (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The potential winner(s) must respond within twenty-four (24) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon posting on the potentially winning entry or sending of direct message on a social media platform. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s account to receive email messages, or any limitations associated with receipt of direct messages.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s). If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified, and an alternate winner may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules and all other additional or supplemental rules or instructions, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Prizewinner and guest are responsible for obtaining the proper travel documentation (e.g., passport with a minimum validity of 6 months after the date of return) prior to travel. Prizewinner’s guest must be a legal U.S. resident and at least twenty-on (21) years of age prior to the time of travel. Travel companion must complete and return a Travel Companion Liability Release prior to travel.
All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of Prizewinner. Prizewinner and travel companion must travel on same itinerary. Travel is subject to availability.
All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. If weather or other incident outside the reasonable control of the Sponsors affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsors shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsors shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsors are not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsors. If for any reason whatsoever, Prizewinner and/or their guest are unable to travel after all travel arrangements have been made and paid, the Sponsors shall have no further obligation to the Prizewinner.
The Prizewinner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. Photo identification, passport and credit card may be required to guarantee your room at check in. Photo identification, passport, credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Prizewinner elects to travel or partake in the Prize with no guest, no additional compensation will be awarded.
In the event a Prizewinner or his/her travel companion engages in behavior that, as determined by the Sponsors in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsors reserve the right to terminate the trip early, in whole or in part, and send the Prizewinner and his/her guest home with no further obligation. In the event a Prizewinner or his/her travel companion engages in behavior during travel that (as determined by Sponsors in their sole discretion) is illegal, tortious, or subjects either or both to arrest or detention, Sponsors shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSORS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Prize is not redeemable for cash. Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsors. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Prizewinner is responsible for all federal, state, provincial, local and income taxes associated with winning prize. Prizewinner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, exclusive of any portion which is provided by the Sponsor, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, right to review, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, make derivative works of, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to use, distribute, perform, display, print, publish, transmit, make derivative works of, edit, adapt, and modify the Submission. All Entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use Entrant’s name, social media account username, and likeness, for any purpose (including any and all commercial purposes). Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.
Any use of any of the Sweepstakes Entities trademarks or copyright interest for any purpose not authorized by Sweepstakes Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
Subject to applicable law, Prizewinners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize(s) to the winners.
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES ENTITIES AND INSTAGRAM FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, Instagram, Inc., and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the email or social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. Corona CovID, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of product, alcohol, distilled spirits, internet service, wireless service, or data service whatsoever to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the Republic of Ireland, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the Republic of Ireland.
Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence), Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in any jurisdiction in the United States and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in a location in the United States mutually agreeable between the parties. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in any state or federal court with jurisdiction over Sponsor. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing).
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU.
To receive the winner’s list, submit an inquiry to email@example.com within sixty (60) days of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners’ list you are requesting by referencing the name of the Sweepstakes in your request.
For a copy of the Official Rules, go to [URL of Official Rules].
This Sweepstakes is sponsored by Lambay Irish Whiskey Company (DAC), 28-32 Upper Pembroke Street D02 EK84, Dublin 2. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
Lambay Irish Whiskey Company and its logos are trademarks of Lambay Irish Whiskey Company (DAC). All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2020 Lambay Irish Whiskey Company (DAC). All rights reserved.