Dixie Vodka’s “Ultimate NASCAR® Spring Brake” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The Dixie Vodka “Ultimate NASCAR® Spring Brake” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (USA) and shall only be construed and evaluated according to U.S. law and applicable state law. Do not enter this Sweepstakes if you are not located in the USA at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Grain & Barrel Spirits, 1250 Elizabeth Ave. Suite 1 West Palm Beach, FL 33401 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least twenty-one (21) years of age at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, National Association for Stock Car Auto Racing Inc. (NASCAR®), International Speedway Corporation, Bespoke Sports & Entertainment, the Administrator, their respective parent companies, employees, officers, directors, shareholders, subsidiaries, affiliates, distributors, members, successors, sales representatives and advertising and promotional agencies, and the respective officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)). By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on January 15, 2020 and ends at 11:59:59 p.m. ET on February 17, 2020 (“Sweepstakes Period”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes. Eligible Entrants will be able to enter the Sweepstakes by visiting www.dixievodka.com/springbrake (the “Website”) and following the links and instructions to complete the Sweepstakes registration form. Entrant will be required to provide his/her full name, complete mailing address, telephone number, email address and date of birth. By properly completing the Sweepstakes registration form, the Entrant will receive one (1) Sweepstakes entry. During the Sweepstakes Period, there will be a limit of one (1) entry per Entrant per day.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries. Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) 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 and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE 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.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online 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 email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize. Released Parties assume 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. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email 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 Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The Prize drawing will be conducted by the Administrator (as listed above), an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The Prize drawing will be conducted on or about February 18, 2020. Odds of winning a Prize will depend on the total number of eligible entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified by the Administrator via telephone, email and/or USPS mail, or other home delivery service of Sponsor’s choice. The potential First Prize Winners and potential Second Prize Winners will each be notified by the Sponsor via telephone, email and/or USPS mail, or other home delivery service of Sponsor’s choice.
PRIZES: There will be one (1) Grand Prize, ten (10) First Prizes and twenty (20) Second Prizes awarded.
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a 4-day/3-night prize package for up to five (5) people in Miami, FL (the “Location”) to attend the Dixie Vodka 400 at Homestead-Miami Speedway on March 22, 2020 (“Grand Prize”). The Grand Prize package includes:
(a) up to five (5) roundtrip standard economy airfare tickets from a major commercial airport in the United States, near the Winner’s primary residence and the Location, as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if Winner resides within 150 miles of the Location);
(b) standard hotel accommodations for three (3) nights in the Location for Winner and guest(s) (room(s) and tax only) or a rental house for Winner and guest(s) (SPONSOR’S SOLE DISCRETION);
(c) up to five (5) VIP tickets to the Dixie Vodka 400
The Approximate Retail Value (“ARV”) of the total Grand Prize package is $10,000, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. The value of the Grand Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of the Grand Prize is lower than the stated ARV when the Grand Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, additional hotel amenities or fees and gratuities, are the responsibility of the Winner and/or traveling companion(s). The Released Parties are not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Released Parties shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel and other accommodations are subject to availability. The trip must be fully executed between March 19, 2020 and March 23, 2020 or the Grand Prize will be forfeited. If the Winner, is unable to travel during these dates, the Grand Prize will be forfeited. No cash option will be offered to the Grand Prize Winner in lieu of travel. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates and material restrictions may apply.
Each First Prize Winner (“Winner”) will receive a cooler, tumbler, and other Dixie merchandise (collectively; “First Prize”). FIRST PRIZE ARV – $250.
Each Second Prize Winner (“Winner”) will receive a hat, a shirt, sunglasses, and other Dixie merchandize (collectively; “Second Prize”). SECOND PRIZE ARV – $50.
Total Prize Pool – $13,500. NOTE: No substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute a Prize or any Prize component with another of equal or greater value.
PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of a Prize. The potential Grand Prize Winner will be notified by home-delivered mail, phone, or email, and must sign and return to the Administrator, within three (3) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. Each person accompanying the Grand Prize Winner on his/her trip must complete and return a Travel Companion Waiver within the same time period. Note: The Affidavit sent to the potential Grand Prize Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. All Winners are responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Grand Prize Winner must note that the value of the Grand Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the (actual) value of the Grand Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with prize redemption instructions within two (2) days from the first notification attempt, or if a potential Grand Prize Winner fails to return requisite document(s) within the specified time period above, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (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 their 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 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 the Released Parties from any and all liability for any injuries, death or losses or damages 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, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
DISPUTES: By entering the Sweepstakes, Entrants and neighbor designee agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and 3.) Under no circumstances will any Entrant or neighbor designee be permitted to obtain any award for, and Entrant or neighbor designee hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law the law of Florida. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of serving Florida and Entrants and neighbor designee, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by March 31, 2020, to: ASC/Bespoke “Spring Brake” Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.
NASCAR® and its marks are trademarks of the National Association for Stock Car Auto Racing, Inc. and are used with permission. NASCAR, Inc. is not a sponsor of this sweepstakes.