OFFICIAL RULES

Proper No. Twelve Photo Promotion (the “Promotion”)  
         OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. 
MUST BE LEGAL DRINKING AGE TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. The Promotion begins at 12:00:00 a.m. Eastern Time (“ET”) on November 9, 2018 and ends at 11:59:59 p.m. ET on November 16, 2018 (the “Promotion Period”).

During the Promotion Period, first follow the @properwhiskey official Instagram page, then, in a non-private post, share an original photo of your enthusiasm for the Proper No. Twelve brand on your Instagram** page with the hashtag #ProperContest to receive one (1) entry into the Promotion (an “Entry”). THE PURCHASE OF PROPER NO. TWELVE WHISKEY (OR ANY OTHER ALCOHOL BEVERAGE) IS NOT REQUIRED TO ENTER THE PROMOTION.   Instagram posts made in private accounts or posts without the #ProperContest hashtag will not count as valid entries.  You must have a non-private Instagram account to enter and have your account privacy setting set to “Off” to enter the Contest.

Sponsor: Éire Born Spirits., 333 Washington St., Jersey City, NJ 07302.

Administrator: Éire Born Spirits., 333 Washington St., Jersey City, NJ 07302.

Submitted content must be truthful in all material respects.  In addition, photo must comply with the Instagram Terms of Use (http://instagram.com/about/legal/terms/), as well as size and other technical requirements of the Instagram platform.

(**You must be a registered member of Instagram in order to participate in the Promotion 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 Promotion if it believes that your Entry fails to conform, for any reason it deems appropriate in Sponsor’s sole discretion, to these Official Rules. 

Following the official @properwhiskey Instagram page prior to Promotion Entry will serve as an age gate to ensure you are of legal drinking age. If you are NOT legal drinking age or older you will not be permitted to follow the @properwhiskey official Instagram page, and therefore not be able to submit a photo for entry into the Promotion.

All Entries must be received no later than 11:59:59 p.m. ET on November 16, 2018. No alterations or forged entries are permitted. Limit of one (1) Entry per person and one (1) Entry per Instagram account per day, regardless of entry method.  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 a.m. until 11:59:59 p.m. ET. In addition, if a person submits multiple Entries, the same content cannot be shared more than once by such person. 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 Promotion. 

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 Promotion 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. Selection of Winners; Judging Criteria; Public Voting. From all eligible Submissions, ONE (1) grand prize winner will be voted by the public. To vote on a Potential Grand Prize Winner, go to the contest voting page hosted on the Proper No. Twelve website at properwhiskey.com/pages/proper-contest during the public voting period and vote on the Potential Grand Prize winner based on the Judging Criteria (as defined below) to the best of your ability. The Grand Prize winner and all promotion entries is subject to the entrant’s and Entry’s compliance with these Official Rules and is subject to verification of the potential winner’s eligibility. Public judging will be based on the following equally weighted judging criteria: (a) creativity, (b) style and (c) enthusiasm (“Judging Criteria”). The Grand Prize Winner be determined by whomever receives the most votes based on the Judging Criteria. In the event of a tie, the Sponsor will determine the winner based on the highest value of enthusiasm. Public Voting will take place between November 9, 2018 and November 16, 2018. The Grand Prize Winner will be announced on or about November 19, 2018. The decisions of the Sponsor will be final and binding in all respects. Sponsor’s determination of the winner is subject to verification by Sponsor of the entrant’s compliance with these Official Rules, including the verification of each potential winner’s eligibility and entrant’s ability 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).

3. Prizes: ONE (1) grand prize will be awarded. The grand prizewinner will receive a Proper No. Twelve bottle*** signed by Conor McGregor and a $30.00 VISA gift card. Gift card subject to additional restrictions. 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.

***Proper No. Twelve bottle will be empty and contain no liquid.

Total approximate retail value (“ARV”) of all prizes: $60.00.  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 Promotion if the Promotion becomes impossible or commercially unreasonable to administrate. 

4. Promotion Entries: All materials, documents, information and data posted by entrant in connection with the Promotion, including the Promotion 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 Promotion, entrants represent and warrant that, their Entry (photo, including any accompanying text) is their sole, original work and that it 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) depicted or referenced in his/her Entry has given his or her express written consent to the depiction/reference 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 Promotion entry includes Sponsor posting Promotion entry on the Proper No. Twelve Instagram page and/or possibly posting the Entry in a “gallery” on the Proper No. Twelve website or perhaps elsewhere (and, in all cases, such posting shall not constitute any representation of Promotion eligibility or selection of entrant as a potential prizewinner in the Promotion. 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.

Photos or videos containing full or partial nudity, or any lewd or sexually suggestive gesture as determined by Sponsor in its sole discretion will be disqualified.  No photo including any accompanying text 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 an image of or reference to any person that appears to be under 21 years oflegal drinking 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 No. Twelve brand or the Sponsor will not be considered and the determination of the appropriateness of any photo or video including any accompanying text submitted is at the sole discretion of the Sponsor.

PHOTOS/VIDEO/ENTRIES POSTED BY ENTRANTS AND/OR RE-POSTED BY SPONSOR REPRESENT SOLELY THE VIEWS/OPINIONS OF THE ENTRANTS THEMSELVES AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR WILL NOT REVIEW ANY PHOTO/VIDEO/ENTRY PRIOR TO THE INITIAL POSTING OF SAME BY ENTRANT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH. SPONSOR FURTHER DISCLAIMS ANY AND ALL LIAIBLITY RELATIVE TO REVIEWING, MONITORING OR FILTERING ANY PHOTOS/VIDEOS/ENTRIES PRIOR TO RE-POSTING PHOTOS/VIDEOS/ENTRIES. SPONSOR WILL NOT EDIT PHOTOS/VIDEOS/ENTRIES PRIOR TO RE-POSTING THEM IN CONJUNCTION WITH THE ADMINISTRATION OF THE PROMOTION.

5. Eligibility: The Promotion is open only to consumers of legal drinking age. Void where prohibited or restricted by law. The following individuals are not eligible to win the Promotion: (a) employees of (i) Sponsor or its 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 Promotion 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. The Promotion is subject to all applicable federal, state and local laws and regulations. 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase or payment is necessary to enter or win the Promotion.

6. General Conditions: Entry in the Promotion 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 Promotion 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 Promotion,  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 Promotion, including, but not limited to: prizewinner’s participation in the Promotion; 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 Promotion 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 “#ProperContest” photo. 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 “#ProperContest” photo. 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 Promotion. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Promotion should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Promotion.

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING ANY MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH 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 Éire Born Spirits., 333 Washington St., Jersey City, NJ 07302. All requests for the winner list must be postmarked by December 15, 2018 and received by December 31, 2018.

The Promotion 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. ©2018. All rights reserved.

 

 

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