Absolut & Malibu Watermelon The UltimateBackyard Party Sweepstakes
Official Sweepstakes Rules
BY SUBMITTING AN ONLINE ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. YOU MUST BE 21+ TO ENTER.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. IN-STORE OR ONLINE ENTRY IS REQUIRED. VOID OUTSIDE OF TEXAS AND ANY AREA WHERE PROHIBITED OR RESTRICTED BY LAW.
Absolut & Malibu Watermelon, (“Absolut & Malibu”) is offering an “Ultimate Backyard Party” (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant (“Entrant”) agrees to be bound by them and the decisions of Wheelhouse Marketing & PR (“Administrator”), which are final and binding in all respects.
1. How To Enter:
To enter online only (QR Code or Digital), complete the form of registration by providing the following information: First name, last name, a valid email address, date of birth, and home telephone number including area code. By submitting the required information, you agree to the official rules.
This Sweepstakes begins at 12:01:00 AM, April 5, 2021, US Central Time and ends May 10, 2021 at 11:59:59 PM, US Central Time (the “Entry Period”). Wheelhouse Marketing & PR’s computer is the official timekeeping device for entry in the Sweepstakes. All entries must be received by 11:59:59 PM Central Time on May 14, 2021. There is a limit of one entry per person, one entry per household during the Entry Period.
The odds of winning depend on the total number of eligible entries received within the Entry Period. One winner will be announced on May 17, 2021, one “Winner” will be determined via a random drawing, from all Eligible Entries received.
The Sweepstakes is open to persons who are legal residents of, and physically located within Texas who are 21 years of age or older at the time of entry. VOID WHERE PROHIBITED. Owners of a retail license or with an interest in a retail license and the officers, directors, agents, employees and members of their immediate families (spouses, parents, children, siblings and their spouses) of each of the foregoing are not eligible to win a prize. PRUSA employees and members of their immediate families (spouses, parents, children, siblings and their spouses) of each of the foregoing are not eligible to win a prize. Employees, officers and representatives, and members of their immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Wheelhouse Marketing & PR, LLC, (“Administrator”), and their respective affiliated companies, parent companies, subsidiaries, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (the “Sweepstakes Entities”) are not eligible.
When submitting their entry, Entrants are required to provide complete and truthful information. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Wheelhouse’s sole discretion. Entries submitted by persons who do not meet the eligible requirements (including all requirements with respect to age and residence) are void. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of Wheelhouse Marketing & PR.
By entering the Sweepstakes, Entrants: (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by Wheelhouse Marketing & PR and by the decisions of Wheelhouse Marketing & PR (“Administrator”), which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Sweepstakes Entities from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of a prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the prizes, or Absolut & Malibu Watermelon’s advertising and marketing related to the Sweepstakes, Entrants or the Winners. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants information will be held in a secure data base, and the information will not be sold to a third party vendor. Once the contest is complete, the information will be deleted after 2 years of inactivity.
One Grand Prize Winner will receive an ultimate backyard party for 10 people, May 29th to May 31st. The Winner will also receive an Absolut & Malibu full catering, beverage credit (non-alcoholic beverages), DJ Entertainment – 2 hours, three foldable picnic tables (seats 12), branded custom corn hole game, 10 watermelon tumblers, 12 watermelon placemats, green napkins, backyard beverage cart, and 10 branded visors or baseball caps (ARV: $7,000) and will be sent to the winner’s primary residence as determined by Wheelhouse Marketing & PR. If the prize package is not claimed by the winner, another winner will be drawn until prize is claimed. Winners must be able to provide proper legal ID and be 21 years of age or older.
4. Winner Selection and Notification:
One Grand Prize Winner will be announced on May 17, 2021, the Grand Prize Winner will be determined via a random drawing, and will be determined via a random drawing, from all Eligible Entries received. The prize will be awarded to the authorized account holder of the email address submitted with the entry regardless of the individual who submitted the winning entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses. The potential Winner will be notified within two (2) business days of the drawing. The potential Winner will be notified by email (at the email address provided with the entry) and will be required to confirm their email address. If the potential Winner cannot be reached after a reasonable effort has been exerted or fails to respond to confirm his or her email address within 72 hours from when the initial notification email is sent, the potential Winner forfeits the prize, and an alternate potential Winner will be randomly drawn from all remaining Eligible Entries. If the alternate potential Winner is unable to accept the prize, the prize is forfeited, and another alternate potential Winner will be randomly drawn from all remaining Eligible Entries. This Winner selection and notification process shall be continued until a Winner is confirmed. If the prize or prize notification is returned as undeliverable, the prize will be forfeited, and an alternate potential Winner will be randomly drawn.
5. Winner Verification:
Any potential Winner, as well as Winner’s nominated friend, will be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within seven (7) business days of being notified of being a potential Winner.
Any potential Winner (or any alternate potential Winner if one must be selected) is not official and shall not be confirmed as Winner until he/she has completed, signed and returned documentation required by Wheelhouse Marketing & PR — including a notarized Affidavit of Eligibility, release of liability, (except where prohibited) publicity release form and the eligibility of the winner has been verified. After notification of winning, forms must be received within seven (7) business days after notification of winning. If a potential Winner does not complete all forms necessary within the time given and/or in the event of non-compliance by a potential Winner, such potential Winner shall be disqualified and shall forfeit the Grand Prize, and all privileges otherwise due as the Winner shall be terminated and an alternate potential Winner will be chosen in a random drawing from among all of the remaining Eligible Entries.
Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility, the potential Winner will be determined to be the Winner. Wheelhouse Marketing & PR expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary. In addition, Wheelhouse Marketing & PR reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
If, for any reason, more bona fide winners come forward seeking to claim a prize in excess of the prizes available as set forth in these Official Rules, the Winner of the prize available may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify any potential Winner.
6. Liability Release and Indemnity:
By entering the Sweepstakes, Entrant agrees that Wheelhouse Marketing & PR LLC, and Pernod Ricard USA LLC respective affiliated companies and subsidiaries, employees, officers, directors, shareholders, agents, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use a prize. Each prize is offered and provided “as is” with no warranty or guarantee by Wheelhouse Marketing & PR LLC, either express or implied. Any and all warranties and/or guarantees on the prizes (if any) are subject to the manufacturer’s terms therefore, and winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee. By participating in the Sweepstakes, each Winner acknowledges that the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the prizes.
Entrants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of any prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Entrants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstake website(s), or the acceptance, receipt, or use of any prize or prize component. Entrants further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
The Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the prizes and Winners, the delivery of the prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Wheelhouse Marketing & PR LLC reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7. Prize Terms:
The date for fulfillment of the prizes will be around 2 - 3 weeks from validated selection date, but subject to change in Wheelhouse Marketing & PR’s sole discretion. If for any reason a prize is unavailable or any related event is delayed, cancelled or postponed, or for any other reason, Wheelhouse Marketing & PR reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of a prize, or any portion thereof, is permitted by the Winner. The Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event a potential Winner cannot accept a prize, an alternate Winner will be randomly drawn from all remaining Eligible Entries. All costs and expenses not specifically listed above as part of a prize are solely Winner’s responsibility. Each prize is provided “as is”. Entrants acknowledge that the 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 any express warranties provided by any prize supplier that are sent along with a prize and any implied warranty of merchantability of fitness for a particular purpose. Any prize pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.
The value of the prize may be taxable to the Winner as income. An IRS Form 1099 may be issued to the Winner in the Winner’s name, for the actual value of the prize awarded. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
8. Grant of Rights.
By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, and any video footage related to the prize, for Wheelhouse Marketing & PR’s advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.
9. General Terms.
The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Wheelhouse Marketing & PR’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Wheelhouse Marketing & PR reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.Pernod-ricard.com if time permits and the prizes will be awarded to potential Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Wheelhouse Marketing & PR. Wheelhouse Marketing & PR reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, WHEELHOUSE MARKETING & PR LLC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Binding Arbitration:
Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Tarrant County, Texas; (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney`s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Governing Law:
All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Absolut & Malibu Watermelon in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the Texas law without giving effect to any choice of law or conflict of laws rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas.
13. Request for Names of Winners and Official Rules:
All requests for a copy of the Official Rules and for the name of the Winners must be made by May 17, 2021. For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to Absolut & Malibu Watermelon Sweepstakes, C/O Wheelhouse Marketing & PR, LLC 685 John B Sias Memorial Pkwy, Fort Worth, Texas 76134; and (ii) write “Winners Names” and/or “Official Rules” on the lower left-hand corner of the envelope.
14. Sponsored by:
This Sweepstakes is sponsored by PERNOD RICARD USA LLC’s 250 Park Ave, New York, NY.
15. Administered by:
This Sweepstakes is administered by Wheelhouse Marketing & PR, LLC, 685 John B Sias Memorial Pkwy, Fort Worth, TX 76134