UFC246 Proper PPV Giveaway Instagram Sweepstakes (the “Sweepstakes”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
MUST BE OF LEGAL DRINKING AGE OR OLDER TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. The Promotion begins at 12:00:00 p.m. Eastern Time (“ET”) on January 11, 2020 and ends at 11:59:59 a.m. ET on January 12, 2020 (the “Sweepstakes Period”).
How to Enter: Enter via Instagram**. During the Sweepstakes Period, first follow the @properwhiskey official Instagram page, then tag up to six (6) friends who are legal drinking age or older (“Entry”) in the comments section of the post.
Following the official @properwhiskey Instagram page prior to Sweepstakes Entry will serve as an age gate to ensure you are legal drinking age. If you are legal drinking age or older you will not be permitted to follow the official @properwhiskey Instagram page, and therefore not be able to comment for entry into the Sweepstakes. Additionally, your tagged friend(s) must also follow the official @properwhiskey Instagram page once they have been tagged to confirm they are legal drinking age or older.
Sponsor: Éire Born Spirits., 333 Washington St., Jersey City, NJ 07302.
Administrator: Éire Born Spirits., 333 Washington St., Jersey City, NJ 07302.
(**You must be a registered member of Instagram in order to participate in the Sweepstakes or win a prize. Memberships on Instagram are free, but a compatible mobile device is required to download the Instagram app and use the Instagram service.)
By submitting an Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may declare your Entry void and disqualify you from the Sweepstakes if it believes that your Entry fails to conform, for any reason it deems appropriate in Sponsor’s sole discretion, to these Official Rules.
There will be one prize segment throughout the duration of the Sweepstakes Period. All Entries for the prize must be received no later than 11:59:59 a.m. ET on the defined day of the segment. No alterations or forged entries are permitted. Limit of one (1) Entry per person per day, per Instagram account during the Sweepstakes Period. Multiple entrants are not permitted to share the same Instagram account to submit an Entry. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different accounts, identities, or any other methods will void that entrant’s Entries and that entrant may be disqualified. A “day” is defined as 12:00:00 p.m. until 11:59:59 p.m. ET. Violation of the preceding entry restrictions will result in disqualification. A given person may only use one (1) account on Instagram to participate in the Sweepstakes. All entries become the property of the Sponsor and will not be returned.
Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor or its agents. Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or Entry Method. Sponsor is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect an online user’s ability to enter and qualify or the ability of Sponsor to notify the winners. Facsimiles or mechanical reproductions will not be accepted and entrants may not use any other device or artifice to enter in excess of the number of entries allowed. All entries become the property of Sponsor and will not be returned.
Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues that might affect the ability of a website (or mobile website) visitor to enter on-line on Instagram or the ability of the Sponsor to notify the winners. Sponsor assumes no responsibility for lost, late, damaged, inaccessible, misdirected, illegible, incomplete, incorrect Entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. No alterations or forged Entries are permitted.
If you participate via mobile device, you will be charged for all data usage on your handset according to the terms in your individual calling plan with your cellular provider. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate. Wireless service/internet access may not be available in all areas.
2. Selections of Winners; Random Selection. There will be a total of Twelve (12) total prize winners selected over the duration of the Sweepstakes Period. The prize winners will be selected at the end of the Sweepstakes Period. The drawings will be conducted by the Sponsor, also acting as the Administrator, whose decisions, will be final and binding in all matters relating to this Sweepstakes. Odds of winning a prize will be determined by the total number of eligible entries received. The awarding of the prize is subject to verification of each potential winner’s eligibility. The winner will be notified by direct message via Instagram on/or around the following day after the Sweepstakes has ended and will be required to furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver’s license, birth certificate or passport) within three (3) days of notification. If any prize notification is returned as undeliverable, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received.
3. Prizes: Twelve (12) grand prizes will be awarded over the duration of the Sweepstakes period. The grand prize winners will win the following:
- ESPN+ Annual (1 Year) Subscription and Streaming of UFC246
The ARV of the grand prizes $85. Prizes offered and awarded are not redeemable for cash. Prize details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize.
Total approximate retail value (“ARV”) of all prizes: $85. Actual value may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize.
Sponsor is not responsible for a lost, stolen or mutilated prize, in which event the prize is forfeited in its entirety, Sponsor will have no obligation to award compensation in lieu thereof, and no substitution will be provided except as in Sponsor’s sole discretion. In the event that an insufficient number of eligible entries are received to award the prize, Sponsor is not obligated to award the prize and no additional random drawings will take place. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if it should become unavailable for any reason. The Sponsor reserves the right to cancel or postpone the Sweepstakes if the Sweepstakes becomes impossible or commercially unreasonable to administrate.
4. Sweepstakes Entries: All materials, documents, information and data posted by entrant in connection with the Sweepstakes, including the Sweepstakes Entry are the property of Sponsor, will not be returned and may not be acknowledged. Entries must adhere to the entry guidelines indicated herein, as determined by Sponsor/Administrator in their sole discretion. By entering the Sweepstakes, entrants represent and warrant that, their Entry (comment and tag) does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By submitting an Entry, entrant further represents and warrants, that any person(s) tagged or referenced in his/her Entry has given his or her express written consent to the tag and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person. Submission of an Entry grants Sponsor the right to use, publish, adapt, edit and/or modify an Entry in any way, in whole or in part, and to use such Entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Entry. Without limiting the foregoing, such use of Sweepstakes entry includes Sponsor posting Sweepstakes entry on the Proper Whiskey Instagram page and/or possibly posting the Entry in a “gallery” on the Proper Whiskey website or perhaps elsewhere (and, in all cases, such posting shall not constitute any representation of Sweepstakes eligibility or selection of entrant as a potential prize winner in the Sweepstakes. Submission of an Entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Entry, including but not limited to all intellectual property rights and proprietary rights worldwide the preceding is subject only to those rights reserved by Instagram as the operator of a social media platform). Any content, material or information included in the Entry shall not be confidential, proprietary or contain any trade secret. By submitting an Entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Entry and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose. Any Entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Entry.
Comments containing any lewd or sexually suggestive gesture as determined by Sponsor in its sole discretion will be disqualified. No comment shall (a) depict or reference persons consuming alcoholic beverages excessively or in an irresponsible manner, (b) depict or reference persons conducting themselves in an inappropriate manner, (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, (e) include a reference to any person that appears to be under 21 years of age or appeal to anyone under the legal drinking age, (f) include any commercial solicitation or promotional materials, websites, contact information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.), (g) make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than those owned or licensed by Sponsor) or slogans, (h) make political or religious statements, (i) contain statements or images relating to public officials, the armed forces of the United States, local, state or federal governments or flags, emblems, seals, coat of arms, crests or insignias, or (j) refer to or depict any recognizable features of any retailer of alcohol beverages (including but not limited to bars, restaurants, convenience stores, grocery stores, etc.). Obscene, provocative, lewd or otherwise objectionable content or content that reflects poorly on the Proper Twelve Whiskey brand or the Sponsor will not be considered and the determination of the appropriateness of any comment including any accompanying text submitted is at the sole discretion of the Sponsor.
5. Eligibility: The Sweepstakes is open only to legal U.S. residents who are at least 21 years old at the time of entry. Void where prohibited or restricted by law. The following individuals are not eligible to win the Sweepstakes: (a) employees of (i) Sponsor, Éire Born Spirits or any of these respective entities related companies, (ii) vendors of Sponsor, (iii) licensed alcoholic beverage distributors and retailers, (iv) Administrator and, in each case, any of its or their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and (b) the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such individual. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase or payment is necessary to enter or win the Sweepstakes.
6. General Conditions: Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on prize are winner’s sole responsibility. By accepting prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. Sponsor reserves the right to conduct a background check of any criminal records of the prizewinner. To the extent necessary and permitted by law, prizewinner shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prizewinner based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize, including but not limited to shipping, handling, and service charges.
Entrants hereby agree to indemnify and hold Sponsor and Instagram harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.
The value of the prize won by a participant under the Sweepstakes may be taxable as income to the winner. Winner is solely responsible for any and all taxes and/or fees associated with prize. Upon receipt of the prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
In exchange for the right to participate in the Sweepstakes, each winner for himself or herself and his or her heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, as well as Instagram, from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prizewinner ever had, now has or might in the future have arising in any way or related to the Sweepstakes, including, but not limited to: prizewinner’s participation in the Sweepstakes; prizewinner’s Entry; use of prizewinner’s name, likeness, biographical information, signature, image or likeness; prizewinner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize(s); financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes at any time without notice or further obligation.
7. Electronic Entries: In the event of a dispute, on-line entries (including entries made via mobile device*) will be deemed made by the authorized account holder of the e-mail address submitted at time of entry which is associated with social media account used to post the comment. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Winner will be required to prove, to Sponsor's satisfaction, that he/she is the owner of the social media account used to post the winning comment. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete entries, or for on-line entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of on-line entries (the preceding includes but is not limited to filtering or other operation of the functionality of a social media platform). Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by website visitors or by any human or technological error that may occur in the processing of on-line entries in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING ANY MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
*If entering via mobile device, wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to enter via mobile website. Wireless Internet access is not available in all areas.
8. Winner List: For winners’ list, please send a self-addressed stamped envelope to Proper No. Twelve Irish Whiskey 130 7th Avenue NY NY 10011. All requests for the winner list must be postmarked by January 18, 2020 and received by January 30th, 2020.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
Drink Properly – Drink Responsibly
Proper No. Twelve Irish Whiskey, a blend. 40% Alc. by Vol. Imported by Éire Born Spirits, Jersey City, NJ. ©2020. All rights reserved.