2019 X MARKS THE YACHT SWEEPSTAKES OFFICIAL RULES
MUST BE 21 TO ENTER. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY AGREEMENT REQUIRED. VOID WHERE PROHIBITED.
DESCRIPTION AND SPONSOR: The 2019 X Marks the Yacht Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Pacific Time (“PT”) on February 1, 2019 and ends at 11:59 p.m. PT on May 31, 2019 (the “Sweepstakes Period”). The Sweepstakes is sponsored by Fishbowl Spirits, LLC, Nashville, TN (the “Sponsor”), and administered by Savvy Drinks, LLC (“Administrator”) (collectively, the “Sweepstakes Entities”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and Washington D.C., who are at least 21 years of age or older as of the start of the Sweepstakes Period. No purchase is required to enter or win the Sweepstakes. No more than one (1) entry per natural person/email address/phone number. Limit one (1) prize per natural person/household. The Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. Employees and officers of the Sweepstakes Entities, their parents and subsidiaries, advertising and promotion agencies and all other persons or entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of the Sweepstakes, and their immediate families (i.e., spouse, parent, child, sibling and their respective spouse) and persons living in the same household of each are ineligible to participate in or win the Sweepstakes. Alcoholic beverage industry members and employees are ineligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, look for a skull pattern on the cap under the tamper tape on any bottle of Blue Chair Bay Spiced Rum, or go to www.bluechairbayrum.com/xmarkstheyacht (the “Website”) to download a free image with the skull pattern.
During the Sweepstakes Period, Entrants can view the Official Rules by visiting the Website. There is one entry method for the Sweepstakes (the “Entry Method”). Entrants must register prior to being able to use the Entry Method. To register, go to the Website, provide your date of birth, state of residence, name, address, and e-mail address and follow the on-screen instructions. No more than one (1) entry per person/household/email address/mobile device number per day. Multiple entries on a single day will automatically result in disqualification. Participants may not enter with multiple e-mail addresses. No alterations or forged entries are permitted.
Entry is via the Website or via Twitter®, Facebook®, or Instagram®. You must be a registered member of Twitter®, Facebook®, or Instagram® in order to use those sites for the Entry Method. Memberships on Twitter®, Facebook® or Instagram® are free. Registration for Twitter®, Facebook®, or Instagram® can be obtained by going to the respective website and entering the required information to register, or by downloading the application from an App Store and following the application’s onscreen instructions to open an account.
§ Twitter® or Instagram® (a) become a follower of @BlueChairBayRum on Twitter® and/or @BlueChairBayRum on Instagram®; (b) tag and caption a photograph of you with the skull-
stamped cap or skull image (a “Photograph”); (c) share the Photograph via Twitter® or Instagram®. Your shared post must include the #XMarksTheYacht and #Sweeps hashtags.
§ Facebook® (a) like Blue Chair Bay Rum on Facebook®; (b) tag and caption a Photograph; (c) post the Photograph on Facebook®. Your post must include the Photograph and the #XMarksTheYacht and #Sweeps hashtags.
Sponsor is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect the Website, an on-line user’s ability to enter and qualify, or the ability of Sponsor to notify the winners. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, entries or other Sweepstakes materials, all of which are void. 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.
THE SWEEPSTAKES SUBMISSION REQUIREMENTS: The Photograph included in your Sweepstakes Submission:
Winner, regardless of whether the prize is used in whole or in part. Any and all expenses not specifically stated as being included are excluded, and are the responsibility of the Grand Prize Winner. The Grand Prize Winner will not receive cash or any other form of compensation. No assignment, transfer, cash redemption, or substitution of the Grand Prize is permitted, but Sponsor reserves the right to substitute a prize or prize component for one of comparable or greater value should any prize become impracticable to award or unavailable for any reason. Non-compliance with these Official Rules may result in disqualification, and selection of alternate potential prize winner(s) from among the remaining eligible entries. The alternate potential prize winner(s) will be required to respond as directed. If any Grand Prize Winner, including alternates as described under “Drawing and Notification” cannot be certified by June 30, 2019, then the Grand Prize will not be awarded.
THE SWEEPSTAKES GRAND PRIZE: There will be one (1) grand prize awarded at random, following the conclusion of the Sweepstakes Period (the “Grand Prize”). The Grand Prize will consist of a trip for Grand Prize Winner and up to three (3) guest(s) on a chartered yacht, including return flights to the yacht’s location, and shall have a variable approximate retail value (“ARV”), but in no event to exceed a total value of fifty thousand dollars ($50,000). The components of the Grand Prize are:
whatsoever by the air carriers, yacht charters, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Grand Prize Winner and guest(s) are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for them. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY .
LIMITATIONS OF LIABILITY: The Sweepstakes Entities are not responsible for: (a) lost, late, misdirected, undeliverable, incomplete, illegible or indecipherable entries due to, among other things, system errors or failures or otherwise, or faulty transmissions or other telecommunications malfunctions, bugs and/or problems related to the online entry; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur or be encountered by entrants in the entry process, or by the Sweepstakes Entities in the administration of the Sweepstakes or the processing of entries, including computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; or (f) any injury or damage to persons or property (including death) which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Sweepstakes or receipt or use of any prize. Sponsor may disqualify or prohibit an entrant from participating in the Sweepstakes or receiving any prize if, in Sponsor’s sole discretion, Sponsor determines or suspects that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs, or creating aliases to register more than once) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Sweepstakes, then Sponsor reserves the right, exercisable at any time in Sponsor’s sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Should multiple users of the same e-mail account enter the
Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR’S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR’S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
LICENSE: BY SUBMITTING A SWEEPSTAKES SUBMISSION, ENTRANT ACKNOWLEDGES THAT HIS OR HER PERSONAL INFORMATION AND SWEEPSTAKES SUBMISSION MAY BE POSTED ON THE SPONSOR’S WEBSITES AND SPONSOR’S PAGES / APPLICATIONS ON SOCIAL MEDIA CHANNELS, AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, IN SPONSOR’S DISCRETION. By submitting a Sweepstakes Submission, entrant hereby grants Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, adapt, modify, transmit, distribute, create derivative works from and display entrant’s Sweepstakes Submission, in any and all media, in whatever form or manner (including without limitation the exclusive, irrevocable, unlimited, sub-licensable right and license to photograph, film, publish, or broadcast, the Sweepstakes Submission), in whole or in part, and for any legal purpose whatsoever, now known or that may become known in the future, without consideration to the entrant in the Sweepstakes Submission in any way, during or after the conclusion of the Sweepstakes. entrant represents and warrants that he or she has not entered into any prior agreements that would limit his or her ability to grant the rights described herein, nor has entrant granted to any third party any of the rights described herein. entrant further represents that he or she has the unfettered right and authority to grant these rights and make these representations. Sponsor is not responsible for any unauthorized third party use of any Sweepstakes Submission, nor shall Sponsor, or any party acting on its behalf, be responsible for any claims, losses, damages, costs, penalties, fees or other liabilities which may be incurred by any party in connection with Sponsor’s use of the Sweepstakes Submission as permitted hereunder. Each entrant irrevocably waives any and all so-called moral rights he or she may have in the Sweepstakes Submission submitted by him or her.
ASSIGNMENT OF RIGHTS / PUBLICITY RELEASE: In return for being eligible to receive a prize (regardless of whether such prize is actually awarded or accepted), and for no other consideration whatsoever, all entrants will, and hereby do, irrevocably assign to Sponsor all rights, title, and interests they have in their Sweepstakes Submissions and all likenesses and photographs thereof, including the right to sue for past infringement. By virtue of this assignment, Entrants understand and agree that they have no ownership or other rights in their Sweepstakes Submissions, and that Sponsor may use their Sweepstakes Submissions for any purpose whatsoever, including without limitation, commercial (including sales of the Sweepstakes Submissions, or derivatives, photographs, or replicas thereof), advertising (including point- of-sale materials), and promotional purposes as well as on or in connection with the Website, the Sweepstakes or other promotions, and hereby releases the Sponsor from any liability with respect thereto, except where prohibited by law. Further, Entrants hereby grant Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license to use his or her name, city and state, photograph, testimonial, likeness and/or biographical information in connection with the Sweepstakes Submissions for no other consideration whatsoever.
A Sweepstakes Submission must be the original work of the entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. entrant warrants and represents that his or her Sweepstakes Submission: (1) is an original work of entrant and does not contain material or artistic expression owned by anyone other than entrant or Sponsor; (2) does not contain or use trademarks, trade dress, logos or copyrights owned by anyone other than entrant or Sponsor; and (3) does not use the name or likeness of any persons other than entrant. By submitting a Sweepstakes Submission, entrant warrants and represents that he or she consents to the submission, use and exhibition of the Sweepstakes Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. entrant further warrants and represents that he or she holds no interest in any alcoholic beverage license of any kind issued by any state or governmental agency, and is not employed in any capacity by a business holding such a license.
Each entrant hereby acknowledges and agrees that submission of a Sweepstakes Submission is gratuitous and made without restriction and the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide a Sweepstakes Submission to Sponsor for purposes of the Sweepstakes does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of a Sweepstakes Submission, except as provided herein. Each entrant further acknowledges that Sponsor is free to disclose the ideas contained in the Sweepstakes Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the entrant as provided for by these Official Rules and that by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Each entrant acknowledges and agrees that the Sponsor does not now have, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his or her Sweepstakes Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of the Sweepstakes, including without limitation, Sponsor’s use of any Sweepstakes Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief.
LIABILITY RELEASE: As a condition of entering, each entrant agrees (and agrees to confirm in writing) as follows: (a) to release each of the Sweepstakes Entities, their affiliates, subsidiaries, retailers, sales representatives, distributors and advertising and promotional agencies, Facebook, Inc., Twitter, Inc., and Instagram, LLC, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any travel related thereto; (b) under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of- pocket costs incurred, excluding attorneys’ fees and court costs.
CHOICE OF LAW: By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by laws of the State of Tennessee, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Nashville, Tennessee.
FORCE MAJEURE: In the event Sponsor is prevented from continuing with the Sweepstakes as
contemplated herein by any event beyond its control, including, but not limited to, fire, flood, tsunami, earthquake, explosion, labor dispute, or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or any tampering or interference by an individual or entity causing disruption to the operation of the Sweepstakes or Website, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the Sweepstakes Period, Sponsor will (if possible) select the winners from all eligible, non-suspect Sweepstakes Entries received as of the date of the Force Majeure event giving rise to the termination.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS’ LIST/ OFFICIAL RULES: These Official Rules and the list of the Grand Prize Winner from the Sweepstakes will be posted on the Website. Questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.
Copyright © 2019, Fishbowl Spirits, LLC, Nashville TN. All rights reserved.