“2023 lEARN tO wAKE sURF wITH aSHLEY KIDD” Contest
oFFICIAL rULES
NO PURCHASE REQUIRED. MUST BE AT LEAST 21 YEARS OF AGE TO ENTER. VOID WHERE PROHIBITED BY LAW.
This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located in and a resident of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, and all U.S. territories and possessions and all overseas military installations).
This Contest 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 Contest must be directed to the Sponsor and not to Meta Platforms, Inc./Instagram. Your participation in this Contest 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 Contest.
CONTEST DESCRIPTION: The “Learn to Wake Surf with Ashley Kidd” Contest (“Contest”) begins on April 1, 2023 at 12:00 PM Eastern Standard Time (“EST”) and ends on May 31, 2023 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 fifty (50) 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 Contest Period (as defined above). Employees of Vermont Hard Cider Company, LLC (“Sponsor”), its parent company, affiliates, subsidiaries, prize suppliers, advertising and promotion agencies (“Contest Entities”) and alcoholic beverage wholesalers, suppliers, distributors and retailers (collectively, “Licensees”) and immediate family members (spouses, parents, children, siblings, and their spouses) and/or individuals living in the same household as employees of 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: There is one method of entry which is via Instagram. No other method of entry will be accepted. To enter the Contest, during the Contest Period follow @daychaser and @ashleykidd on Instagram (the official pages of Day Chaser and Ashley Kidd on Instagram) if you do not already and post a photo or video of you enjoying your favorite water-based activity and in the Instagram caption tell us why you should be picked to win a trip for two to Austin, Texas for a four (4) hour Wake Surfing Lesson with Ashley Kidd on Lake Austin on June 30, 2023 (“Entry”). Submissions must include a caption with 50 words or less which includes the hashtags “#chasingsummer” (including the handle), “@daychaser”, and “#contest”. Entry will not be valid if “#chasingsummer”, “@daychaser”, and “#contest” are not included in the post. Instagram Story submissions are not eligible for entry into the contest. Video submissions must be 60 seconds or less. Photo submissions can include up to one (1) photo per post.
All Entries must be received by May 31, 2022 at 11:59 PM EST. 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.
Entrants must have an active and non-private Instagram account. You can sign up for a free account at www.instagram.com. Entrants must enter the Contest using a personally registered Instagram account. Entries posted by a private or inactive Instagram account will not be recognized. Any Entrant found to be using multiple accounts to enter the Contest 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 e-mail 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 Contest 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, e-mail 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 Contest. 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).
FORCE MAJEURE: Sponsor reserves the right, in its sole discretion, to cancel, suspend, terminate and/or modify the Contest without notice, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Contest 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 Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion.
ENTRY CONTENT 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 Entry submitted to use the Entry for any purpose, including commercial purposes. Any person who appears in such Entry 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 Entry 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, age or other 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 Entry). Entries cannot be made by a group, business, or organization. Entry will be disqualified if Sponsor, in its sole discretion, determines that (a) the Entry 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 the Entry); (b) the Entry includes any content that is inappropriate or unfit for publication (e.g., nudity or profanity); (c) intends to promote any product, cause or concern other than Day Chaser; (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 suggests 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.
POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE INDIVIDUAL AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR HAS NOT REVIEWED BEFOREHAND AND IS NOT ENDORSING ANY PHOTO OR VIDEO SUBMITTED BY ANY PERSON INCLUDING THE USE OF DAY CHASER IN SAME (IF APPLICABLE). SPONSOR IS MERELY REQUESTING PERSONS TO POST/PUBLISH PHOTOS AND DISCLAIMS ANY RESPONSIBILITY IN CONJUNCTION WITH SAME.
GRANT OF RIGHTS: Sponsor grants participants the limited right to use the Day Chaser name, logo, and trademarks for the sole purpose of creating one (1) Entry and entering same in the Contest in accordance with these Official Rules, provided that all trademark ownership statements are retained. And, at all times, all rights in the Day Chaser name, logo and trademarks remain the sole property of Sponsor. ANY OTHER USE OF THE DAY CHASER NAME, LOGO AND TRADEMARKS CONSTITUTES AN ACTIONABLE VIOLATION OF SPONSOR’S RIGHTS IN SAME.
ENTRANT’S WARRANTY AND AUTHORIZATION TO SPONSOR: By entering, Entrant warrants and represents that any video, photo, or original piece of artwork included in the Entry 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 of the Entry 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 Entry 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 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 and may have to certify to such effect. 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: Three (3) Grand Prizes (each a “Grand Prize”) will be awarded in this Contest. Each Grand Prize consists of: one (1) two night/three day trip for winner and one (1) guest (guest must be 21 years of age or older) to Austin, Texas, valid only between June 29, 2023 and July 1, 2023 and includes (i) round-trip coach class air transportation for two (2) from a major commercial airport near winner’s residence to Austin-Bergstrom International Airport (AUS) (departure airport to be chosen by Sponsor in its sole discretion) OR if winner’s residence is located within close proximity to Austin, Texas (as determined by Sponsor in its sole discretion) a gas gift card; (ii) two (2) nights accommodations (one standard room, double occupancy) at a Austin, Texas area hotel of Sponsor’s choice; and (iii) a four (4) hour Wake Surfing Lesson from Ashley Kidd, facilitated from a boat on Lake Austin on June 30, 2023. Approximate Retail Value (“ARV”) of each Grand Prize is One Thousand Three Hundred and Twenty-Five Dollars ($1,325.00) but will vary depending on the location of winner’s residence and the mode of transportation awarded. ARV of all of the Grand Prizes is $3,975.00. Limit of one (1) Grand Prize per family, household or address. 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) are the sole 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.
GRAND PRIZE CONDITIONS: Accommodations and travel are for two persons sharing one hotel accommodation room. Guest has no independent rights to the Grand Prize. In the event that winner does not use any portion of the Grand Prize, there will be no extension, transfer, substitution, reimbursement, or compensation provided. Grand Prize cannot be extended beyond the valid date. Winner and guest are not eligible for frequent flier miles, awards or other perquisites in conjunction with Grand Prize travel. Actual value may vary based on point of departure and mode of transportation. Any difference between stated value and actual value will not be awarded.
Grand Prize Winner is solely responsible for all other expenses related to trip not specified herein, including but not limited to gratuities, taxes, travel insurance and hotel incidentals. Grand Prize Winner and guest must provide own transportation to and from departure and arrival airports. Grand Prize Winner and guest must travel together on specified itinerary (as set by Sponsor), including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. The trip must be booked at least 25 days prior to intended travel date. Trip must be completed by July 1, 2023, as determined by Sponsor in its sole discretion. All travel dates and arrangements are subject to change, availability and Sponsor’s approval. Sponsor and its agencies are not liable for any expenses incurred as a consequence of flight cancellation/delay. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Certain documentation and requirements may be necessary for travel, such as photo identification and/or passport. Grand Prize Winner and guest are solely responsible for any documentation and requirements and determining applicable procedures and restrictions. In addition, Grand Prize Winner may be required to present a valid credit card at the hotel at the time of check-in. Grand Prize Winner and guest must be 21 years of age or older, cannot be an employee, officer, director, member or manager of an alcoholic beverage licensee and must sign and return an Affidavit of Eligibility and Liability Release prior to issuance of travel documents.
Grand Prize Winner and guest assume the risk of any inherent or unforeseen dangers associated with travel and water activities. Without limitation, GRAND PRIZE WINNER AND GUEST ARE EXPRESSLY CAUTIONED NOT TO ENGAGE IN THE SPORT OF WAKE SURFING UNLESS HE/SHE IS ABLE TO SWIM AND IS COMFORTABLE WITH HIS/HER ABILITY TO TIMELY IDENTIFY AND APPROPRIATELY REACT TO MYRIAD HAZARDS WHILE PARTICIPATING IN SAME. Grand Prize Winner and guest further understand and agree that the sport of Wake Surfing is inherently dangerous and may result in drowning, hypothermia, dehydration, dismemberment or other injury or even death, notwithstanding the amount of training/practice of the participant, the ability of the instructor and/or the ability of the operator of the corresponding watercraft. Grand Prize Winner and guest expressly assume any and all risks of engaging in the sport of Wake Surfing, including but not limited to: collision with other persons, natural objects and man-made objects (e.g., other watercraft, a pier/dock); the effects of water flow, tides, currents, waves, and the wakes of other watercraft; the effects of weather conditions, including pop-up storms, as well as extreme and unpredictable variations in wind speed and direction, air temperature and/or water temperature; pilot error or mechanical error affecting operation of the corresponding watercraft resulting in an abrupt/unexpected change in speed or direction of same; and prolonged exposure to the sun. Grand Prize Winner and guest acknowledge that Vermont Hard Cider Company, LLC has not obtained any insurance of any kind in conjunction with his/her participation in the sport of Wake Surfing. 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). CONTEST ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) 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 WINNER FOR ANY REASON, INCLUDING ANY PART OF A PRIZE OR ANY OTHER CAUSE(S).
SELECTION OF WINNERS: Winners will be selected by the Sponsor based on judging criteria of: persuasiveness (most compelling rationale to be chosen for a Wake Surfing Lesson with Ashley Kidd) (30%), quality of submission (resolution, framing, and overall photo or video quality) (60%), and thoughtfulness (showing a concerted effort put into the Entry) (10%). Review and judging of eligible entries will be conducted by Sponsor on or about June 2, 2023, and all decisions of Sponsor with respect to the Contest are final and binding in all respects. In judging entries, Sponsor will take into account whether the submission was in the form of a photo or video. In the event of a tie, the winning entry will be the tied entry with the higher/highest score in the criterion of persuasiveness (30%); if a tie still remains, the winning entry will be the tied entry with the higher/highest score in the criterion of quality of submission (60%). Winners will be notified via direct message to their Instagram account by the Instagram account @daychaser. 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 (3) winners may be chosen.
CLAIMING YOUR PRIZE: Potential winner(s) may be required to sign and return a notarized 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 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, 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 Winners (including filtering by or other operation of the Instagram platform). 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 Winner(s) from all eligible, non-suspect Entries received prior to such action. Notice of such action by Sponsor will be posted on daychaser.com. 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 as well as Meta Platforms, Inc. from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with participation in the Contest or receipt, acceptance, use/misuse or redemption of a Prize (if applicable).
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. Entrant further waives any right to seek equitable relief with regard to the Contest.
PERSONALLY IDENTIFYING INFORMATION: Sponsor will be collecting personal data about the winner(s) in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy that can be found on its website, https:daychaser.com/privacy-policy/. 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.
WINNERS’ LIST: For names of winners, send a self-addressed, stamped envelope by June 15, 2023 to: 2023 “Learn to Wake Surf with Ashley Kidd” Contest, 1321 Exchange Street, Middlebury, VT 05753. 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.
© 2023 Vermont Hard Cider Company, LLC, Middlebury, Vermont