Official Rules

2022 “#Hendrick Motorsports x Day Chaser #48 Custom Hat Giveaway” Sweepstakes

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED 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 Instagram.  Your participation in this Sweepstakes must at all times comply with all applicable Instagram 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 Sweepstakes.

 

SWEEPSTAKES DESCRIPTION:  The “2022 Hendrick Motorsports x Day Chaser #48 Custom Hat Giveaway” Sweepstakes (“Sweepstakes”) begins on September 6, 2022 at 12:00 PM Eastern Standard Time (“EST”) and ends on September 9, 2022 at 11:59 PM EST (“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.  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”), its parent company, affiliates, subsidiaries, prize suppliers, advertising and promotion agencies, HMS Holding, LLC, its parent company, affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, licensors and assigns(collectively, the “Sweepstakes Parties”), 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 Sweepstakes Parties and Licensees (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 @daychaser, @teamhendrick and @alex_bowman on Instagram, like the “2022 HMS x Day Chaser #48 Custom Hat Giveaway” post, and comment on the post and tag one friend.  (“Entry”).  No limit on the number of comments posted by each entrant, but each comment must include only one tag in order to enter the Sweepstakes. Entry will not be valid if no tag is included in the comment.  No limit on the number of Entries.

All Entries must be received by September 9, 2022 at 11:59 PM EST. 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.

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 by the cellular provider or as show on the cellular provider’s records or the natural person authorized to use the mobile phone number by an entity that is shown on the cellular provider’s records for that number.

Entrants may not participate with multiple e-mail addresses, mobile phone numbers, multiple Instagram 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 or mobile phone numbers, under multiple Instagram accounts, under multiple identities or uses any other device or artifice to enter 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 Service 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 or a direct message notifying such Entrant that he/she is a potential prize winner.

 

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 CONTENT GUIDELINES: Sweepstakes registration and entry into the Sweepstakes is free. Entries submitted into this Sweepstakes 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 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 Sweepstakes Parties 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 (i.e., nudity or profanity); (c) intends to promote any product, cause or concern other than Day Chaser Cocktails; (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.

 

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 POST/PUBLISH PHOTOS AND DISCLAIMS ANY RESPONSIBILITY IN CONJUNCTION WITH SAME.

 

ENTRANT’S WARRANTY AND AUTHORIZATION TO SPONSOR: By entering the Sweepstakes, 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 Sweepstakes Parties 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 Sweepstakes Parties 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 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:  Five (5) Grand Prize  (each a “Grand Prize”) will be awarded in this Sweepstakes.  No alcohol is given as part of the Grand Prize.  Each Grand Prize consists of:  one (1) custom branded Day Chaser/NASCAR Cup Series Team #48 brimmed hat, signed by NASCAR Cup Series Driver, Alex Bowman.  Approximate Retail Value (“ARV”) of Grand Prize is Fifteen Dollars ($15.00).  Total ARV of all Grand Prizes is Seventy Five dollars ($75.00).

 

Sponsor will cover associated shipping costs to send Grand Prize to each of the 5 winners. 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) are the sole responsibility of the winner.  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). SWEEPSTAKES PARTIES (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 FINALIST OR WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF TRAVEL TO MIDDLEBURY, VERMONT, AND ANY PART OF A PRIZE,  OR ANY OTHER CAUSE(S).

 

SELECTION OF WINNERS:  Potential winners will be selected on or about September 10, 2022 by the Sponsor from among the eligible entries received using a comment randomizer until 5 valid entries are selected. Review of eligible entries will be conducted by Sponsor on or about September 10, 2022.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 and an alternate winner will be selected (i.e., the Entrant whose Entry had the next highest ranking in the judging).  If the Sweepstakes does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in its sole discretion, fewer than five winners may be chosen.

 

CLAIMING YOUR PRIZE: Potential winner(s) may be required to sign and return an 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, a 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.  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, the terms and conditions of the Sweepstakes Parties’ 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 Sweepstakes. Sweepstakes 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. 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. 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 Parties 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 Sweepstakes Parties from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Sweepstakes or receipt or redemption of a Prize.

 

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, 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.

 

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.daychaser.com/privacy/.  By accepting the Prize, winners hereby agree to Sponsor’s collection and use of their personal information, including sharing with the Sweepstakes Parties, 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 October 30, 2022 to: 2022 HMS x Day Chaser #48 Custom Hat Giveaway, 1321 Exchange Street, Middlebury, VT 05753.  VT residents may omit return postage.  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.

© 2022 Vermont Hard Cider Company, LLC, Middlebury, Vermont

 

Day Chaser is a registered trademark of Vermont Hard Cider Company, LLC.

 

Hendrick Motorsports is a registered trademark of Hendrick Motorsports, LLC.

 

48 is a registered trademark of HMS Holdings, LLC.