“2023 Sounds of the Sea Sweepstakes”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Information is being provided to the Sponsor (defined below), not to Instagram. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Meta Platforms, Inc./Instagram. Your participation in this Sweepstakes must at all times comply with all applicable Instagram terms of use. In the event of any violation of such terms of use, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
SWEEPSTAKES DESCRIPTION: The “2023 Sounds of the Sea Sweepstakes” (“Sweepstakes”) begins on September 5, 2023 at 12:00 PM Eastern Time (“ET”) and ends on September 19, 2023 at 11:59 PM ET (“Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, 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. Sweepstakes is open only to permanent, legal residents of the United States (“U.S.”) and the District of Columbia (excluding 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 Sweepstakes Period (as defined above). Employees of Vermont Hard Cider Company, LLC (“Sponsor”), its parent company, affiliates, subsidiaries, prize suppliers, and advertising and promotion agencies (collectively, the “Sweepstakes Entities”), alcoholic beverage manufacturers, wholesalers, suppliers, distributors and retailers (collectively, “Licensees”), Live Nation Worldwide, Inc. (“Live Nation”), OC Festivals, LLC and its landlords or licensors (related to the Festival), if any, C2 Acquisitions, LLC, C3 Presents, LLC, Shaky Festivals, LLC, Pony Tail Productions, and each of their respective parents, partners, divisions, subsidiaries, officers, directors, members, managers, affiliates, agents, and employees (collectively “Oceans Calling Festival”) and each of their respective parents, partners, shareholders, divisions, subsidiaries, officers, directors, members, managers, agents, representatives, affiliates, licensors, assigns, and employees (collectively the “Released Parties”), immediate family members (spouses, parents, children, siblings, and their spouses) and/or individuals living in the same household as employees of the Released Parties (whether legally related or not) are not eligible to enter or win the Sweepstakes. This Sweepstakes 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: There is one method of entry which is via Instagram. No other method of entry will be accepted. To enter the Sweepstakes, during the Sweepstakes Period follow @woodchuckcider and @oceanscallnigmd on Instagram (the official page of Woodchuck Hard Cider and Oceans Calling Festival on Instagram) if you do not already, and like the “2023 Sounds of the Sea Sweepstakes” post. (“Entry”).
All Entries must be received by September 19, 2023 at 11:59 PM ET. Incomplete Entries are void. 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 Sweepstakes entry. Sponsor will not verify receipt of entries. Limit one (1) entry per person, regardless of the method of entry. Multiple entries per person/email address/wireless telephone number in excess of the daily entry limit, or any use or suspected use of artifice, bots, robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to sweepstakes entry services/clubs) are prohibited: any Entrant using/benefitting from such methods will be disqualified and their entries voided. Proof of entry submission is not proof of receipt or eligibility for this Promotion.
Entrants must have an active Instagram account. You can sign up for a free account at www.instagram.com. Entrants must enter the Sweepstakes using a personally registered Instagram account. Any Entrant found to be using multiple accounts to enter the Sweepstakes may be disqualified. Any Entrant found to be using the account of a group, company, or other association may be disqualified.
In the event of a dispute regarding any Entry, such Entry will be deemed to have been submitted by the Authorized Account Holder (as defined below) of the Instagram Account used to submit the Entry at the time of Entry, provided that person meets all eligibility requirements set forth in these Official Rules. “Authorized Account Holder” means the natural person who is: (i) assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the e-mail address used for the Instagram Account; or (2) assigned to a mobile phone number used for the Instagram account by the cellular provider or as shown on the cellular provider’s records or the natural person authorized to use that mobile phone number by an entity that is shown on the cellular provider’s records for that number.
Entrants may not participate with multiple Instagram accounts, nor may Entrants use any device or artifice to enter multiple times as multiple Entrants. Any Entrant who attempts to enter under multiple Instagram accounts, under multiple identities or uses any other device or artifice to submit multiple Entries will be disqualified from participation in the Sweepstakes and all Entries submitted by that Entrant will be void. Only fully completed Entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of Entrants.
All entries must adhere to Instagram Guidelines and Terms of Use that are posted on its websites. Any failure to comply with these terms may result in automatic disqualification from the Sweepstakes. By submitting an Entry each Entrant consents to receive from the Sponsor a comment on their post and/or a direct message notifying such Entrant that he/she is a potential Prize winner (if applicable).
POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE INDIVIDUAL AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO FOLLOW AND LIKE AND DISCLAIMS ANY RESPONSIBILITY IN CONJUNCTION WITH SAME.
FORCE MAJEURE: Sponsor reserves the right, in its sole discretion, to cancel, suspend, terminate and/or modify the Sweepstakes without notice if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism, computer virus, bug, tampering, unauthorized intervention, riot, civil commotion (“force majeure”), or other cause beyond the control of Sponsor) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the Prize(s), as determined by Sponsor in its sole discretion.
ENTRANT’S WARRANTY AND AUTHORIZATION TO SPONSOR: Acceptance of a Prize shall be construed as and signify the winner’s agreement and consent that the Released Parties may use the winner’s name, image, photograph, video, voice, likeness, biographical information and/or Prize information, in all forms of media now known or hereafter devised, in perpetuity, throughout the world, without limitation, for trade and 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 Released Parties the right to use and publish winners’ names and states of residence online, in print, and in any other media in connection with the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Sweepstakes.
PRIZE DETAILS AND ODDS OF WINNING: One (1) Grand Prize will be awarded in this Sweepstakes. No alcohol is given as part of the Grand Prize. The Grand Prize consists of: two (2) three-day VIP tickets to Oceans Calling Festival in Ocean City, Maryland scheduled to take place from September 29 through October 1, 2023 (“Festival”). Approximate Retail Value (“ARV”) of Grand Prize is One Thousand Eight Hundred Dollars ($1,800.00). Limit of one (1) Grand Prize per family, household, or address. Parking, travel and accommodations not included and are the sole responsibility of winner and guest.
Ticket delivery method is at sole discretion of Live Nation which will be either sent to winner by mail, email, mobile ticketing or placed at venue Will Call the day of Festival under the winner’s name. Winner must be present to pick up tickets and a valid photo ID will be required if tickets are placed at Will Call. Winner and guest must be at least twenty-one (21) years old and must abide by all Festival/venue policies: https://support.oceanscallingfestival.com/hc/en-us. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it and/or Festival/venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any Festival/venue policy or law, and/or may bring Live Nation into disrepute. Winner understands that there are inherent risks involved in being in public spaces and that these risks may be present before, during and after the Festival. Resale of tickets is prohibited. By claiming tickets, you agree to Front Gate Tickets Terms of Use and to abide by the health and safety measures in effect at the time of the Festival, which may include, but not be limited to, wearing masks, providing proof of vaccination status and/or providing proof of negative COVID-19 status. Should the Festival be cancelled, you will be notified as soon as reasonably possible.
If a winner fails to claim their Prize after being contacted by the sponsor, Grand Prize will be forfeited and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
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. Taxes (if any) and any other expenses, fees and/or costs incurred in claiming or using the Prize are the sole responsibility of the winner. Travel, parking, and hotel are not included in the prize; these remain the responsibility of the winner. Winner will be issued an IRS 1099 Tax Form reflecting the value of the prize for the year of prize award; winner agrees to fully cooperate with Sponsor as to its compliance with such reporting requirement including by providing his/her Social Security Number (or Tax Identification Number) to Sponsor upon request via completion and execution of an IRS W-9 Tax Form. Odds of winning depend upon the number of qualified and eligible entries received.
PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A FINALIST OR WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF TRAVEL, ANY PART OF A PRIZE, OR ANY OTHER CAUSE(S).
SELECTION OF WINNERS: Potential winners will be selected on or about September 20, 2023 by the Sponsor from among the eligible entries received via random drawing until one (1) valid Entry is selected. Review of eligible entries will be conducted by Sponsor on or about September 20, 2023. Winners will be notified via direct message to their Instagram account. If the winner cannot be contacted despite reasonable efforts to do so, as determined in Sponsor’s sole discretion, such winner will be disqualified, Prize will be forfeited, and an alternate winner will be selected.
CLAIMING YOUR PRIZE: Potential winner(s) may be required to sign and return an Affidavit of Eligibility/Liability Release and a Publicity Release within three (3) business 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. No correspondence will be acknowledged.
VERIFICATION: All entries and entrants are subject to verification at any time and for any reason. 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 Sweepstakes; (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 Sweepstakes; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes 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 Sweepstakes will be the official time-keeping device(s) used by the Sponsor.
GENERAL RULES: By entering or participating in the Sweepstakes, entrants agree to be bound by these Official Rules, 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 Sweepstakes. Released Parties 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 Sweepstakes; or (d) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of Entries, or the selection or notification of Winner (including filtering by or other operation of the Instagram platform). Further, if, for any reason, the Sweepstakes 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 Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (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. Notice of such action by Sponsor will be posted on woodchuck.com/downtheshore and the @woodchuckcider Instagram profile. 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 Sweepstakes 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 Sweepstakes or any website operated by the Sweepstakes 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, hold harmless, defend, and indemnify the Released Parties as well as Meta Platforms, Inc. from and against any and all losses, damages, rights, alleged or actual claims (including without limitation personal and bodily injury, wrongful death and disability, property damage), actions, demands, settlements (whether or not litigation is commenced), judgments, harm, injuries, costs and expenses (including without limitation reasonable attorney’s fees) and liabilities of any kind whatsoever, including, without limitation, property damage, personal injury (including without limitation, pain and suffering and/or emotional distress) and/or death, violation of publicity rights, defamation or invasion of privacy arising from or related, in whole or in part, to participation in this Sweepstakes, any Sweepstakes related activity (including but not limited to travel to/from the location and/or participation in the Sweepstakes and/or Prize related activities), delivery, mis-delivery, acceptance, possession, use or misuse of a Prize, whether or not caused in whole or in part by the negligence of the Released Parties and/or their agents, in connection with participation in the Sweepstakes or receipt, acceptance, use/misuse or redemption of a Prize (if applicable). In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential, or punitive damages arising out of or relating to your participation in the Sweepstakes or Prize related activities, or access to, and use of, any participating mobile applications or internet site(s) or the downloading from and/or printing material downloaded from said internet site(s). By entering and/or accepting a Prize, entrants and any winner covenant, to the fullest extent permitted by law, agrees not to sue any Released Parties or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release in any manner whatsoever. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 Sweepstakes or accepting a Prize (if applicable), 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 Sweepstakes 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 Sweepstakes, and participant hereby waives all rights to have damages multiplied or increased. Some jurisdictions do not allow limitations or exclusion of liability for incidental or consequential damages so the above may not apply to you. Entrant further waives any right to seek equitable relief with regard to the Sweepstakes.
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 its website, www.woodchuck.com/privacy-policy/. By accepting the Prize, winners hereby agree to Sponsor’s collection and use of their personal information, including sharing with the Released Parties, and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
WINNER’S LIST: For name of winner, send a self-addressed, stamped envelope by September 30, 2023 to: 2023 Sounds of the Sea Sweepstakes, 1321 Exchange Street, Middlebury, VT 05753. Communications with respect to this Sweepstakes, 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.
© 2023 Vermont Hard Cider Company, LLC, Middlebury, Vermont
WOODCHUCK is a registered trademark of Vermont Hard Cider Company, LLC.
Oceans Calling is a trademark of C2 Acquisitions, LLC.
All other trademarks used are the property of their respective owner(s) and are used for Prize description purposes only.
Live Nation Worldwide, Inc. and Oceans Calling Festival are not Sponsors of this Sweepstakes and are in no way responsible for the administration of this Sweepstakes, the verification of winners, or the fulfillment of Prizes. All inquiries regarding this Sweepstakes should be direct to Sponsor.