NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE “OFFICIAL RULES”.
The McCormick Distilling Company “Five Farms Irish Cream Liqueur St. Patrick’s Day Sweepstakes” (the “Sweepstakes”) is open to legal US residents who are twenty-one (21) years of age and older at the time of entry. By entering this Sweepstakes, you are affirming that you meet these eligibility requirements. Employees of McCormick Distilling Company (“Sponsor”), and their respective parents, affiliates, subsidiaries, suppliers, distributors, retailers, advertising and promotion agencies, prize suppliers or any other persons or entities directly associated with this Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or members living in the same household as such persons, are not eligible to enter this Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren.
II. SWEEPSTAKES ENTRY PERIOD:
Begins 3:00 p.m. CT on Friday, February 1, 2019, and ends at 4:00 p.m. CT, Tuesday, April 30, 2019 (the “Entry Period”).
III. HOW TO ENTER THE SWEEPSTAKES:
Entries may be submitted 2/1/2019 – 4/30/2019 via text messaging or submission to the Five Farms online sweepstakes entry form. Entrants are permitted two entries total during the sweepstakes period, one each by text and by online form. Entry via text can be made by texting “Corky” to 555888. Entrants via text will receive an auto-reply asking for confirmation of birthdate. Entry will be deemed valid upon response with entrant’s birthday. Entry by form can be made at https://fivefarmsirishcream.com/sweeps, and will be deemed valid upon entry of a valid phone number and a check in the age verification box. Entrants must be at least 21 years of age to be eligible, and age verification will be required prior to prize being awarded. No purchase is required. Your entry into the sweepstakes is your agreement to be bound by these Official Rules.
IV. WINNER SELECTION AND NOTIFICATION:
The potential winners will be selected through random drawings on May 3, 2019 from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. The potential winners will be announced at the launch party event. In the event the potential winner has left the event at the time of the drawing, such person will be notified via the phone number that was used for entry within a commercially reasonable time after the drawing. Sweepstakes eligibility will be required immediately, including age verification and proof of state of residence. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of a message to the email address or social media account used for entry.
Six (6) Prize Winners will each be awarded a trip for two (both must be 21 years old at time of travel) to Ireland. Trip consists of roundtrip coach air travel from a major commercial airport near winner’s residence; standard hotel accommodation at the Inchydoney Island Lodge and Spa in Clonakilty, West Cork, Ireland for 5 days/4 nights. Approximate Retail Value (“ARV”) of each Prize is $5,000. Total ARV Grand Prize Pool is $30,000. Entrants need not be present to win and will be notified via email if they have won one of the Prizes. Odds of winning one of the Prizes will depend on the total number of eligible entries received at the time of the Prize drawings.
VI. TERMS AND CONDITIONS:
The winner must secure travel arrangements by December 31, 2019. The Prize package is not exchangeable or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value in the event that the prize (or any component thereof) is not available. The winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The stated “ARV” of the prizes is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners. All properly claimed prizes will be awarded. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. The Winner’s acceptance of the prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
By participating, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes. You are authorizing the Sponsor to send you emails as entered on entry form, about its products, services and other news. You may opt out of receiving future emails from Sponsor by clicking on the link contained in the initial email. You will remain eligible for this Promotion whether or not you opt out of receiving promotional emails from Sponsor.
VIII. USE OF PERSONAL INFORMATION:
IX. SUSPENSION / MODIFICATION / TERMINATION:
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike manner.
X. WAIVERS, DISCLAIMERS AND RELEASES:
By participating in the Sweepstakes, Participants agree to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Entrants agree and that the Sweepstakes Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
XI. GOVERNING LAW/LIMITATIONS OF LIABILITY:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
XII. JURISDICTION AND VENUE:
The Missouri Courts (state and federal) shall have sole jurisdiction of any controversies regarding this Sweepstakes and the laws of the State of Missouri shall govern the Sweepstakes. Each entrant waives any and all objections to jurisdiction and venue in those courts and hereby submits to the jurisdiction of those courts.
XIII. WINNERS LIST/OFFICIAL SWEEPSTAKES RULES REQUEST:
For the name and city/state of residence of the Prize Winners, or a copy of these Official Rules, send a request specifying a copy of the Winner’s List or Official Rules along with a self-addressed, stamped envelope postmarked by May 1, 2019, and received by May 9, 2019, mailed to: Five Farms St. Patrick’s Sweepstakes, One McCormick Lane, Weston, MO, 64098.
McCormick Distilling Company, Inc. One McCormick Lane, Weston, MO 64098