TOMMY BAHAMA SPIRITS “SIP THE ISLAND LIFE GIVEAWAY”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. Participation constitutes Entrant’s (as defined below) full and unconditional agreement to and acceptance of these Official Rules. The TOMMY BAHAMA SPIRITS “SIP THE ISLAND LIFE GIVEAWAY” (“Sweepstakes”) begins 07/01/2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends 09/30/2022 at 11:59:59 p.m. ET (“Sweepstakes Period”). The Sweepstakes is sponsored by Luctor International, LLC d/b/a 375 Park Avenue Spirits 10101 Linn Station Road, Suite 400, Louisville, Kentucky, 40223.
Eligibility: Open only to legal residents of the United States, including DC, Alaska, Hawaii, U.S. Virgin Islands and Puerto Rico who are 21 years of age or older as of the Sweepstakes start date. (Any eligible individual who completes the entry process described below is referred to in these Official Rules as an “Entrant.”) Employees, officers, and directors (and each of their respective immediate family members and members of the same household) of the Sponsor, affiliated companies, subsidiaries, and advertising and promotion agencies, including The A Team, LLC, 1441 Broadway, New York, NY 10018 (the “Administrator”), and their affiliates and each of their respective employees, shareholders, officers, directors, agents, members, successors and assigns, and any other entities directly associated with this Sweepstakes are not eligible to participate. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members are also not eligible to enter or win. All federal, state and local laws and regulations apply. The Sweepstakes is void where prohibited.
How to Enter: During the Sweepstakes Period, eligible Entrants may enter the Sweepstakes by visiting www.coralcaydistilling.com/events-giveaways/ (the “Website”) and following the instructions to complete the entry form, including entering their date of birth, first and complete last name (no initials), valid e-mail address, phone number, street address (no P.O. Boxes will be allowed), city, state, and zip code. Each completed and confirmed entry form will generate one (1) Sweepstake entry.
Limit: One entry per person and per email address. Proof of submission of an entry is not considered proof of delivery to, or receipt by, Sponsor. Sponsor, Administrator, and the other Released Parties (defined below) are not responsible for: (a) late, incomplete, delayed, or misdirected entries; (b) causes beyond Released Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (c) any entries submitted in a manner that is not expressly allowed under these Official Rules, including, without limitation, submission by bot, script, macro, or other automated means (which are expressly prohibited); (d) incorrect or inaccurate entry information; (e) any typographical or other error in the printing or advertising of this offer, in the administration or execution of the Sweepstakes, or in the announcement/notification of the prize winner(s); or (f) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By participating, you consent to Sponsor’s and its agents’ use of your personal information for the administration of this Sweepstakes and otherwise in accordance with its privacy policy, as described in the Use of Data section below.
Drawing and Notification: One (1) winner (subject to verification) will be drawn in random drawings held each Friday during the Sweepstakes Period from among all eligible entries received up until that point in the Sweepstakes (i.e you may not enter each week). There are a total of twenty-six (26) weeks in the Sweepstakes Period and twenty-six (26) winners. All drawings will be conducted by the Sponsor or Administrator. The decisions of Sponsor are final and binding in all matters relating to the Sweepstakes. Winners will be notified by phone or email provided in their entry (as determined by Sponsor or Administrator in their sole discretion), and will be required to respond to the notification within forty-eight (48) hours indicating whether they can accept the prize. If no response is received within the time allotted or in the event that a potential winner cannot be reached at the contact information provided for any reason, an alternate winner may be selected. Any alternates selected will also be required to respond to the notification within forty-eight (48) hours. Sponsor is not responsible for suspended or discontinued internet, landline, or wireless service, nor for any active or passive filtering of any kind or insufficient space in a potential winner’s email or voicemail inbox to receive messages, any or all which may result in potential winners not receiving initial prize notification.
Odds: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
Prize(s): Each selected winner, subject to confirmation, will get one (1) beach package valued at approximately $500 USD, each. Each prize includes:
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- (2) Tommy Bahama Beach Chairs, style varies
- (1) Tommy Bahama Umbrella, style varies
- (1) Tommy Bahama Beach Cooler, style varies
- (2) Tommy Bahama Towels, style varies
- (2) Tommy Bahama Tumblers, style varies
- (2) Tommy Bahama Spirits Koozies
Total ARV of all Prizes: $14,300 USD
Prize Conditions: By accepting any prize, the winner(s) agrees to release the Sponsor and the other Released Parties (defined below) from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. No substitution or transfer of prize or election of cash in lieu of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute any prize (or part of the prize) with another prize of equal or greater value for any reason, including if the prize (or any component thereof) is not available. Winner(s) may be required to complete and sign an Affidavit of Eligibility and Liability/Publicity Release form provided to them to be returned within five (5) days of written notification (or other time frame as specified by Sponsor or Administrator in its communications with the potential winner), or the prize may be forfeited, and an alternate winner selected. Winner(s) may also be required to complete tax forms, including disclosing his/her social security number, for the purpose of issuance of a Form 1099-Misc for tax purposes. Each winner(s) is solely responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the prize or receipt of the prize. Prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Prize will only be mailed to the confirmed winner’s address (no post office boxes allowed) within the United States, unless Sponsor agrees otherwise in its sole discretion. If you are selected as a winner, your information may also be included in a publicly available winner’s list. Limit one prize per individual, household, street address, mobile number and/or email during anyone (1) year period across Sponsor’s promotions.
General Conditions: By accepting a prize, where permitted by law, recipient grants to the Sponsor, its parent, subsidiaries and related companies, and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the recipient’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL SPONSOR, ADMINISTRATOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, PRIZE PROVIDERS, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (collectively, the “Released Parties”) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless each Released Party from any and all liability for any injuries, death or losses or damages of any kind to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of any prize. Winner acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
Each Entrant understands and agrees that they expressly waive against the Released Parties all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory. Section 1542 reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Limitations of Liability: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize(s) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Sponsor reserves the right to restrict or void entries or other participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void the entry of any Entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.
Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any wireless telephone network, wireless signal coverage or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of any Entrant(s) or winner(s), the winning Entrant will be declared to be the authorized account holder of the mobile phone number and/or e-mail address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to a mobile phone account and/or e-mail address by a wireless telephone carrier and/or Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.
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, PROVIDED THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) UNDER APPLICABLE LAW TO SEEK PUBLIC INJUNCTIVE RELIEF OTHERWISE IN ACCORDANCE WITH THE ARBITRATION PROCEDURE DESCRIBED BELOW.
Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by COVID-19 or any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, pandemic/epidemic or similar public-health crisis, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
Use of Data: All information submitted by Entrant will be treated according to Website privacy policy, available at https://www.sazerac.com/privacy-policy.html. By participating in the Sweepstakes and providing your e-mail address and/or mobile phone number, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy.
Arbitration & Governing Law: Except where prohibited, Entrant agrees that: (1) all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and shall not be consolidated in any arbitration with any claim or controversy of any other party and shall be exclusively settled by final and binding arbitration under the rules of the American Arbitration Association; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) the arbitration shall be conducted in the state of Kentucky and judgment on the arbitration award may be entered into any court having jurisdiction thereof. This Sweepstakes is governed by, and will be construed in accordance with, the laws of the state of Kentucky without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
Winner(s) List: For the winners’ names, send a stamped, self-addressed envelope by October 31, 2022 to: Tommy Bahama Spirits ‘Sip the Island Life’ Sweepstakes Winner List, 5441 Sunset Dr, Cashmere, WA 98815.
Sponsor(s): Luctor International, LLC d/b/a 375 Park Avenue Spirits, 10101 Linn Station Road, Suite 400, Louisville, Kentucky, 40223