OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook Inc. Information is being provided to the Sponsor (defined below), not to Facebook Inc. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook Inc. Your participation in this Contest must at all times comply with all applicable Facebook terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Contest.
CONTEST PERIOD: Show Us Your Woodchuck Moments Contest (“Contest”) begins on March 21st, 2019 at 8:00 AM Eastern Standard Time (“EST”) and ends on April 19th, 2019 at 11:59 PM EST (“Contest Period”). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with, abide by, and be bound by these Official Rules and the decisions of Vermont Hard Cider Company, LLC (the “Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. Contest is open only to permanent, legal residents of the United States (“U.S.”) and the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, and all U.S. territories and possessions and all overseas military installations) who are at least twenty-one (21) years of age at time of entry with access to the Internet at all times during the Contest Period (as defined above). Employees of Vermont Hard Cider Company, LLC (“Sponsor”) and all associated agencies and each of their respective parent companies, subsidiaries, affiliates, sales representatives, advertising and promotion agencies, prize suppliers or agents, and all of their respective officers, directors, and employees (all of the foregoing, together with Sponsor collectively, “Contest Entities”) and alcohol beverage wholesalers and retailers (collectively, “Licensees”) and the immediate family members (spouses, parents, children, siblings, and their respective spouses) and those living in the same household as Contest Entities and Licensees (whether legally related or not) are not eligible to enter or win the Contest. This Contest is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. No alcohol purchase is necessary to enter or win.
HOW TO ENTER: During the Contest Period, visit the Contest website at https://shared.social/p/10971-woodchuckcider-woodchuck-moments-1-x-many-1551131143379 and in 500 words or less describe your favorite way to enjoy Woodchuck Cider and include one photo (photo is optional), complete all required fields on the entry form and submit via Facebook or Email (“Entry”). All Entries must be received by April 19th, 2019 at 11:59 PM. Incomplete Entries are void. Limit one (1) Entry per person. All Entries become the property of Sponsor and will not be acknowledged or returned. Message and data rates may apply to use of mobile device for Contest entry. Sponsor will not verify receipt of entries. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address account submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) or phone service provider that is responsible for assigning e-mail addresses or phone numbers for the domain associated with the submitted e-mail address. Entry information must be manually key-stroked. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Entrants may not participate with multiple e-mail addresses, multiple Facebook accounts, nor may Entrants use any device or artifice to enter multiple times as multiple Entrants. Any Entrant who attempts to enter with multiple e-mail addresses, under multiple Facebook accounts, under multiple identities or uses any other device or artifice to enter multiple Entries will be disqualified from participation in the Contest and all Entries submitted by that Entrant will be void. Only fully completed Entries are eligible. Proof of transmission does not constitute proof of receipt by Sponsor or proof of Contest entry. Any automated computer receipt (such as one confirming completion of the entry) does not constitute proof of actual receipt by Sponsor of an online entry. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of Entrants. Sponsor and its agents are not responsible for entries that are lost, late, garbled, damaged, illegible or otherwise deficient or incompletely received for any reason. Sponsor is not responsible for technical, hardware or software failures or errors of any kind; lost or unavailable network connections; technical, hardware or software malfunctions; or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest or by human error which may occur in the process of the entries in this Contest. Sponsor, in its sole discretion, reserves the right to disqualify any person suspected of tampering with the entry process or otherwise in violation of these Official Rules.
FORCE MAJEURE: Sponsor further reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the promotion without notice, for any reason, including, but not limited to lack of entrants, a virus, bug, tampering, unauthorized intervention or force majeure, or other cause beyond the reasonable control of the Sponsor.
ENTRY GUIDELINES: Contest registration and entry into the contest is free. Entries submitted into this Contest must be entirely the original work of a single entrant; must never have appeared on any other promotional website or otherwise have been previously published in any media including books, magazines or other publications; and cannot have been entered into any other promotion. Entrants must have sole ownership rights of the Entry and Entry must not infringe on any third-party rights and must not infringe on the publicity rights of others. Entrants must have the consent of any third party who appears in any photo submitted to use the photo for any purpose, including commercial purposes. Any person who appears in such photo must be at least twenty-one (21) years old as of time of entry. Entry may not include content which is offensive, violent, derogatory, sexually suggestive, obscene, defamatory, or contain explicit language or imagery or is otherwise unlawful or inappropriate for publication. Any photo must not be in bad taste or controversial in the way it portrays any group or individuals; be derogatory of any ethnic, racial, gender, religious, professional or age group; contain any personal identification, such as personal name(s), e-mail address(es), (unless it is information that belongs only to entrant, in which case entrant by including the information releases the Contest Entities from any and all liability associated with public disclosure of such information in the photo). Entries cannot be made by a group, business, or organization. Entry will be disqualified if Sponsor, in its sole discretion, determines that (a) photo may violate the copyright, trademark rights, right of privacy, right of publicity or other rights of a third party (this includes but is not limited to persons and products appearing in photo); (b) photo includes any content that is inappropriate or unfit for publication (i.e., nudity or profanity); (c) intends to promote any product, cause or concern other than Magners Cider; (d) disparages Sponsor’s product, the product of any competitor of Sponsor, or contains any matter that could be characterized as defamatory, libelous or scandalous; (e) portrays, condones or encourages drunk driving; (f) shows alcoholic beverages being consumed in an irresponsible, excessive or reckless manner (including but not limited to intoxicated persons), by persons who are not of legal drinking age, in the context of violent, aggressive, dangerous or anti-social behavior or that suggest that consumption of alcoholic beverages can enhance or improve one’s social status; (g) include children, things that are of appeal to children, religious themes or any curative or therapeutic claims for alcoholic beverages; or (h) promotes any illegal conduct. Without limiting the foregoing, do NOT include in Entry the name, logo, trademark, brand(s) of or other references to any alcoholic beverage licensees (retailers, wholesalers, suppliers, or other licensees) other than Sponsor. In Sponsor’s sole opinion, any Entry which does not meet all of these requirements will be disqualified.
ENTRANT’S WARRANTY AND AUTHORIZATION TO SPONSOR: By entering, Entrant warrants and represents that any video, photo, or original piece of artwork included in submission has been created by Entrant as an original work, and all required third-party releases have been obtained in writing and that Entrant consents to the submission and to its posting on the Internet (including but not limited to Sponsor’s websites and the Sponsor’s social media channels, including but not limited to, Facebook, Instagram and/or Twitter pages) in connection with the Contest and/or at Sponsor’s discretion. Sponsor may post or not post any submission online or in any other form of communication in its sole discretion.
By entering the Contest, the Entrant gives Sponsor and its affiliates the right to use, edit, or publish the Entry in any form, manner, or media and for any commercial or non-commercial purpose, without further compensation and winner irrevocably assigns and transfers all rights, title and interest in the submission to the Sponsor, and, if required, will sign any documents necessary to transfer copyright and rights of publicity. Winner may have to certify that their Entry was original and produced by the Entrant and no other person or entity holds rights to Entry. By submitting an Entry, Entrant warrants that Entrant has permission from any other person identifiable in the Entry to be included in such Entry. Acceptance of a Prize shall be construed as and signify the winner’s agreement and consent that the Contest Entities and Licensees may use the winner’s name, image, voice, likeness and/or Prize information, in all forms of media now known or hereafter devised, in perpetuity, throughout the world, without limitation, for promotional purposes (which may include advertising) without further consideration, review, approval or payment, unless prohibited by law. This provision does not apply to winners from the state of Tennessee. Winners also grant the Contest Entities and Licensees the right to use and publish winners’ names and states of residence online, in print, and in any other media in connection with the Contest. Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Contest.
PRIZE DETAILS AND ODDS OF WINNING: Three (3) prizes (each a “Prize”) will be awarded in this Contest. No alcohol is given in this Prize. Each Prize consists of: one (1) Woodchuck branded Marmot Backpack and one (1) $100 Gift Card to L.L. Bean. Prizes cannot be transferred or redeemed for cash. No substitution is allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Approximate retail value of each Prize is $165. Taxes (if any) are the sole responsibility of the winner. Odds of winning depend upon the number of qualified and eligible entries received.
SELECTION OF WINNERS: Winners will be selected by the Sponsor based on judging criteria of: originality & creativity (40%), aptness (e.g. whether an Entry captures the individuality and spirit of both entrant and Woodchuck Cider) (30%), and quality of content (30%). Review of eligible entries will be conducted by Sponsor on or about April 22nd, 2019, and all decisions of Sponsor with respect to the Contest are final and binding in all respects. Winners will be notified via the email address provided with their Entry. If the winner cannot be contacted despite reasonable efforts to do so, as determined in Sponsor’s sole discretion, such winner will be disqualified and an alternate winner will be selected (i.e., the Entrant whose Entry had the next highest ranking in the judging). If the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in its sole discretion, fewer than three winners may be chosen.
CLAIMING YOUR PRIZE: Potential winner(s) may be required to sign and return a notarized Affidavit of Eligibility/Liability Release including the recording of their social security number (for tax reporting purposes, as required by law) and, where permitted by law, Publicity Release within two (2) days after first notification attempt. If Prize notification or prize is returned as non-deliverable, Prize may be forfeited and an alternate winner may be selected provided there is sufficient time remaining to award the Prize. No correspondence will be acknowledged.
VERIFICATION: All entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any entry, request and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor.
GENERAL RULES: By entering or participating in the Contest, entrants agree to be bound by these Official Rules, the terms and conditions of the Contest Entities’ websites, and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Contest Entities are not responsible for: (a) lost, late, illegible/garbled, corrupted, irregular, misdirected or stolen entries or transmissions; (b) any incorrect or inaccurate information or technical failures of any kind; (c) unauthorized human intervention in any part of the entry process or the Contest; or (d) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Contest, the processing of Entries, or the selection or notification of Winner. Further, if, for any reason, the Contest is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor may select the Winners from all eligible, non-suspect Entries received prior to such action. Sponsor also reserves the right to disqualify the Entry of any individual if, in its sole discretion, it determines that said entrant is (a) attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices, including without limitation, tampering or attempting to tamper with the entry process or the operation of the Contest or any website operated by the Contest Entities and/or using or attempting to use any robotic, macro, automatic, programmed or like entry methods; (b) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
ADDITIONAL TERMS: By entering, entrant agrees to release and hold harmless the Contest Entities from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Contest or receipt or redemption of a Prize.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES: As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in Burlington, VT which court shall apply the laws of the state of Vermont without regard for rules of conflicts of law. In any such dispute, participant or Entrant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (if any) associated with participating in the Contest, and participant hereby waives all rights to have damages multiplied or increased.
PERSONALLY IDENTIFYING INFORMATION: Sponsor will be collecting personal data about the winner in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy that can be found on their website, www.woodchuck.com/privacy/. By accepting the Prize, winners hereby agree to Sponsor’s collection and use of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy, respectively.
WINNER’S LIST: For name of winner, send a self-addressed, stamped envelope by April 30th, 2019 to: 2019 “Show Us Your Woodchuck Moments” Contest. VT residents may omit return postage. Communications with respect to this Contest, including requests to be removed from future mailings, should be directed to the foregoing address.
SPONSOR: Vermont Hard Cider Company, LLC 1321 Exchange Street, Middlebury, Vermont 05753.
© 2019 Vermont Hard Cider Company, LLC, Middlebury, Vermont