SAILOR JERRY SPICED RUM
“MY WORKS SPEAKS FOR ITSELF” CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY TO INDIVIDUALS WHO ARE 25 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO RESIDE LEGALLY IN ONE OF THE FIFTY UNITED STATES OR DC.
1. PROGRAM DESCRIPTION AND ENTRY PERIOD: The Sailor Jerry Spiced Rum “My Work Speaks for Itself” Contest (the “Contest”) sponsored by William Grant & Sons, Inc. (the “Sponsor”) provides an opportunity for entrants to interpret Norman Collins’ flash artwork through their own artistic perspective, and submit motorcycle artwork designs for the potential opportunity to win the prizes as described in Section 9 below. Entries must adhere to all requirements set forth in these Official Rules. Entries may not contain any third-party copyrighted images, as determined by Sponsor in its sole discretion (as further described in Sections 5-6 below). Entries will be judged based on the criteria set forth in Section 8 below The Contest begins at 12:01 A.M. Eastern Time (“ET”) on January 14, 2018, and ends at 11:59 P.M. ET on February 14, 2018 (the “Entry Period”).
2. ELIGIBILITY: The Contest is open to individuals who are 25 years of age or older at the time of entry and who reside legally in one of the 50 United States or DC (collectively, the “Eligibility Area”). Employees, officers, and directors of Sponsor or any of its affiliates, subsidiaries, wholesale distributors, advertising and promotion agencies, printers, suppliers, distributors and retailers of alcohol beverages, and members of their immediate families (spouses, parents, siblings and children, and the “steps” of each, regardless of where they live) and those living in the same household are not eligible to enter or win. All determinations of eligibility will be made by Sponsor in its sole discretion, and may be made at any time. All applicable federal, state and local laws and regulations apply. The Contest is intended for viewing and participation within the Eligibility Area only. Do not participate in the Contest unless you reside legally within the Eligibility Area. The Contest is void outside the Eligibility Area, and where prohibited, taxed or restricted by law.
3. CONTEST AGREEMENT: BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE/SHE: [A] HAS READ THESE OFFICIAL RULES, AND AGREES TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE SPONSOR, AND BY THE DECISIONS OF THE SPONSOR AND ITS JUDGES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS CONTEST; [B] AGREES TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 11; [C] ACKNOWLEDGES COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANTS THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREES TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER: First, visit sailorjerry.com/myworkspeaksforitself (the “Website”) and carefully review all entry design specifications, requirements, and instructions (which are incorporated herein by reference), and refer to Sections 5 through 7 below for additional entry design requirements. Then, create your entry design and follow the Website’s directions to complete the entry form and upload a high-resolution digital image of your entry design in PNG, JPEG or PDF format, not to exceed two (2) megabytes in file size. Entries must be received no later than 11:59 P.M. ET on February 14, 2018. Your image file must be named in the following format: “FirstName_LastName”. Information required to complete the entry form may include (but is not limited to) your first name, last name, birth date, complete address, phone number, and email address. Each entry design must be different, and must meet all requirements. The same entry design may only be entered in the Contest once. Duplicate entries will be void. Limit (5) entries per person. Entries submitted in excess of stated limits will be void. After you have completed the entry process, you may optionally share your entry design on one or more social media websites (a “Social Share”). Social Shares should not be shared with anyone under the age of 21. All Social Shares must include the hashtags #SailorMeetsHarley and #contest. Completing a Social Share does not affect your chances of winning a prize, and does not in itself constitute a Contest entry. Please do not complete any Social Shares between 11:59 P.M. ET on February 14, 2018 and the time that Sponsor has made its official winner announcement at the Website. Entries and other submitted material become the exclusive property of Sponsor upon submission. Sponsor is under no obligation to correspond about entries nor will entries be acknowledged or returned. Proof of submission of entry does not constitute proof of receipt of entry. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email or postal address during the Contest. Any attempt by a person to use multiple email accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of the judges or Sponsor. Multiple entrants are not permitted to share the same email account. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. Potential winners may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment, application, and internet access charges, if any.
5. ADDITIONAL REQUIREMENTS FOR ENTRIES: Entrant is granted only a limited, revocable, nontransferable license to use the Sailor Jerry brand name, logo, and the Norman Collins flash art available through the Website (collectively, the “Provided Elements”) solely for purposes of participating in this Contest. The Sponsor retains any and all ownership rights to the Provided Elements, and any and all use of the Provided Elements by Contest participants will inure solely to Sponsor’s benefit.
The entrant named in the applicable entry form must be the sole creator of the corresponding entry design. Apart from the Provided Elements and the entrant’s interpretations/modifications thereof, any elements that appear in the entry design should be entirely original, created by the entrant, or be in the public domain. If an entry contains elements (apart from the Provided Elements and the entrant’s interpretations/modifications thereof) that are not original or in the public domain, Sponsor reserves the right in its sole discretion to either: (a) disqualify the entry; or (b) modify the entry to include a substitute element that conforms to the requirements of these Official Rules.
Further, entries must: (a) not allude to the overconsumption or irresponsible consumption of alcohol beverages; (b) not contain material that would imply that the consumption of alcohol 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; (c) not contain the name of any alcohol beverage wholesaler or retailer (eg. liquor store, bar, restaurant, etc); (d) not depict any illegal behavior; (e) not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence; (f) not contain third party brands, names, logos or marks; (g) not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, or otherwise infringe upon a person's personal or proprietary rights; (h) not violate or encourage the violation of any law, rule or regulation; (i) not include the image or likeness of any person (with the sole exception of any image or likeness appearing within the Provided Elements); and (j) not contain anything that would particularly appeal to children.
Entry design images must not contain personally identifiable information such as addresses or phone numbers. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void. Sponsor's determination as to whether any entry potentially violates the rights of any third party is final.
6. ENTRANT’S REPRESENTATIONS: By submitting an entry, you represent and warrant that: (a) you are the creator of the entry; (b) the entry is wholly original (apart from the Provided Elements); (c) the entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, including any current or former employer, and does not defame any person or entity; (d) the entry has not previously been entered in any other contest; (e) the entry has not been previously published in any medium; (f) the entry does not violate any law or regulation; (g) apart from the Provided Elements, you own all rights to your entry (including, without limitation, any copyrights contained therein); (h) you agree to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not that entry is selected for any prize; and (i) your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you.
Further, by participating, each participant acknowledges that the material that will be submitted as part of the Contest may embody materials, suggestions, or ideas similar to those which have been developed by others or by Sponsor or Harley-Davidson and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Sponsor and Harley-Davidson routinely use and consider in the course of each of their business activities, and understands that he/she will not be entitled to any compensation because of use by Sponsor or Harley-Davidson of any materials similar to those in a participant’s entry; (c) hereby waives any right to any claim or liability with respect to Sponsor’s or Harley-Davidson’s use of similar materials; and (d) understands that submitting any element that is copyrighted by another individual (apart from the Provided Elements) will result in the applicable participant being responsible for any legal action the legal copyright holder might take against the participant or the Releasees (as defined below in Section 11).
7. SPONSOR’S RIGHTS TO ENTRIES: By submitting an entry, you grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, crop, create derivative works of, exhibit, and otherwise use your entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post on any social media website, any entries selected in its sole discretion. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By submitting an entry, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the entry that may preclude Sponsor’s use of the entry, or require your permission for Sponsor to use the entry. By submitting an entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any of the Releasees (as defined below in Section 11), or any other person, on the grounds that any use of the entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
8. JUDGING/WINNER DETERMINATION: On or before February 21, 2018, a panel of judges selected in the sole discretion of the Sponsor will judge all eligible entries according to the following criteria (the “Judging Criteria”): (a) Best embodiment of the Sailor Jerry brand ethic (50%); (b) Originality/Creativity (25%); and (c) Appeal (25%). The six (6) entrants whose entries score highest overall will each be deemed a Grand Prize winner, pending verification of eligibility and continued compliance with these Official Rules. Note, however, that Sponsor reserves the right to award fewer than the stated number of prizes, if in their sole and absolute discretion they do not receive a sufficient number of eligible or qualified entries for the Contest. In the event of a tie, the entry (from among the tied entries) with the highest “Best embodiment of the Sailor Jerry brand ethic” score will be prevail, pending verification of the associated entrant’s eligibility and continued compliance with these Official Rules. The decisions of Sponsor and judges are final and binding. Odds of winning depend on the skill of the entrants and the number of eligible entries received. Should Sponsor choose to allow the public to share their opinion of certain Contest entries via a voting mechanism of any kind, such voting activity will not affect the determination of winners in any way.
9. PRIZES: Each verified Grand Prize winner will receive: [a] the opportunity to have their winning entry design appear on a single HARLEY-DAVIDSON motorcycle owned by Sponsor, and possibly appear on certain Sailor Jerry products if desired by Sponsor in its sole discretion; [b] two (2) HARLEY-DAVIDSON Riding Academy New Rider Course vouchers; and [c] a two-day, one-night trip to Milwaukee, Wisconsin to tour certain HARLEY-DAVIDSON facilities selected by Sponsor (the “Trip”). The Trip includes: round trip coach air travel for winner (traveling alone, without a guest) to the Milwaukee, Wisconsin area from the major gateway airport closest to winner’s residence; single occupancy hotel accommodations for one (1) night; attendance at a VIP tour of certain HARLEY-DAVIDSON facilities, all as selected and determined by Sponsor in its sole discretion; and a grand total of $250 in spending money awarded in the form of a check. For the avoidance of doubt, no motorcycles are offered as prizes in this Contest. Winners will not be personally painting any motorcycles as part of their prize. Any Trip details not specified herein shall be determined by Sponsor in its sole discretion. The total approximate retail value (“ARV”) of each Grand Prize is $1,950. Actual value may vary based on fare fluctuations and point of departure. Airports, airlines, hotel, and any other elements of the Trip will be selected by Sponsor in its sole discretion. A winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Terms and Conditions. Trip must be taken on dates specified by Sponsor (currently anticipated to occur during March or April 2018 but subject to change at the sole discretion of Sponsor) or prize will be forfeited in its entirety. All travel is subject to approval of Sponsor. Each winner is responsible for all necessary travel authorizations and documents (including government issued picture identification and/or passport with necessary validity, as required). For the avoidance of doubt, round trip coach air travel is limited to one plane seat per traveler. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select accommodations in its sole and absolute discretion. Sponsor 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. 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 Sponsor. Each winner is also responsible for obtaining travel insurance (and all other forms of insurance) at his/her own option and expense, and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Each winner may be required to provide a major credit card at the time of hotel check-in, to cover room security and incidentals. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically included as part of the prize, are not included as part of any prize package, and are solely each winner’s responsibility, including, but not limited to: additional ground transportation, travel insurance, room service, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. By accepting a travel prize, each winner represents that he/she understands that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Each winner furthers represents that he/she recognizes that such risks may be present at any time before, during and after the trip. In order to be considered a travel prize winner and partake of the enjoyment of this trip, each winner must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor's request. If a winner lives within 200 miles of the selected destination (as determined by Sponsor), Sponsor reserves the right in its sole discretion to substitute ground transportation in lieu of airfare for that winner, and any difference in value will not be awarded. Sponsor reserves the right to add additional prizes and promotional opportunities at any time, in its sole discretion, and to amend these Terms and Conditions to include descriptions of such additional prizes and promotional opportunities, if any. Limit one (1) Prize per person and/or household.
Unless otherwise detailed herein, Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. If Sponsor shall desire to secure additional assignments, certificates of engagement for the entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefor.
See Section 10 below for winner notification details and additional prize restrictions.
10. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: Potential winners will be notified by phone and/or email at the email address and/or phone number provided at the time of entry. Any email or phone message will instruct the potential winner to reply as instructed within two (2) full business days (measured in the local time zone) after the time that the notification message or comment was sent/left. Potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and confirm his/her complete contact information within such two (2) full business day period, or he/she will be disqualified. A potential winner may subsequently be required to complete an affidavit of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, a category exclusivity agreement* and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry, which must be returned (along with a copy of potential winner’s government-issued photo ID as proof of age, if requested) within the time period specified by Sponsor at the time of such request. Winner will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Proof of identity, age, and legal residence may be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or for any change of such contact information after entry submission. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize will not be awarded. Under no circumstances will alcohol beverages be provided as part of a prize.
* As a condition of winning, each winner must agree not to provide any artistic or design work to companies in the motorcycle or distilled spirits business categories from the time of winner notification, until February 21, 2019.
11. RELEASE AND INDEMNIFICATION: BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD HARMLESS SPONSOR AND ANY OF ITS AFFILIATES, SUBSIDIARIES, WHOLESALE DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, PRINTERS, SUPPLIERS, AND ANY DISTRIBUTORS AND RETAILERS OF ALCOHOL BEVERAGES; AND THE HARLEY-DAVIDSON MOTOR COMPANY, INC. AND ITS AFFILIATES; TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY CONTEST-RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Releasees
harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Releasees due to or arising out of his/her entry, or his/her conduct in creating an entry, or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
13. GENERAL: Releasees and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, registration forms, release forms or any other documents; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Sponsor, including the inability to submit entries or other disruption related to Internet traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant's access of the Contest, whether human, mechanical or electronic, (e) incorrect or inaccurate information whether caused by Contest users or by any of the programming or equipment associated with or used in the Contest; (f) any printing errors, typographical errors, or human errors, including but not limited to any human, mechanical typographical or electronic error which may occur in the processing of the entries or announcement of winners; or (g) unauthorized human intervention in the Contest. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Contest, Releasees are not responsible for the actions of participants or other individuals in connection with the Contest, including participants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. In the event of any conflict between any Contest details contained in these Official Rules and Contest details contained in any Contest advertising materials, the details of the Contest as set forth in these Official Rules shall prevail. If, for any reason, the Contest (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Contest, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. You are not a winner until your entry has been verified and you have complied with these Official Rules.
14. CONDUCT: Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Contest or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Contest or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
15. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Contest entries, and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law; and further without such additional compensation, you agree to appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by the Sponsor. Failure to make such appearances or grant such rights may result in disqualification, in which case the next highest scoring applicable entry would be deemed the winner, pending verification and continued compliance with these Official Rules by the applicable entrant. While not obligated to do so, the Sponsor may in its sole discretion bear such reasonable costs and expenses for a winner or potential winner(s) to appear for a presentation or other activity. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Contest entries.
16. DISPUTES: By participating, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, must be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York County, New York, and each entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Releasees in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
17. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Contest, participants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries or prize claims for all purposes related to the Contest (including, without limitation, processing and administering entries or prize claims, sharing an participant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Contest, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Contest), as well as in accordance with Sponsor’s Privacy Policy published at http://sailorjerry.com/en/privacy-policy/ provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review Sponsor’s Privacy Policy before participating. If you object to anything stated in these Official Rules or Sponsor’s Privacy Policy, do not participate in the Contest.
18. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
19. WINNER LIST: For the name, city, and state of the winners, mail a self-addressed, stamped envelope to be received by April 30, 2018 to: Sailor Jerry Spiced Rum “My Work Speaks for Itself” Contest Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
Sponsor: William Grant & Sons, Inc., 300 Park Ave S #600, New York, NY 10010
Respect his legacy. Drink Sailor Jerry responsibly. ©2018 Sailor Jerry Spiced Rum, 46% Alc./Vol. William Grant & Sons, New York, NY. NEVER DRINK + DRIVE.
©2018 H-D or its Affiliates. HARLEY-DAVIDSON, HARLEY, H-D, and the Bar and Shield Logo are among the trademarks of H-D U.S.A., LLC. Neither H-D U.S.A. LLC or Harley-Davidson Motor Company, Inc. is a sponsor of or an endorser of this promotion.