Legal Disclaimer:
DISCLAIMER
Hendricks® KAABOO SD Sweepstakes 2019
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Hendricks® KAABOO SD Sweepstakes 2019 (“Sweepstakes”)/Instant Win Game 2019 (“Game”) (collectively referred to herein as the “Promotion”) is open only to legal residents of the state of California who are at least twenty-one (21) years of age at the time of entry (the “Entrant”). Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees, officers or agents of Sponsor (as defined below) KAABOO San Diego Eventco, LLC their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c). Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside of California and wherever else restricted or prohibited by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: DRH Media And Activation Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.
3. Promotion Dates: The Promotion begins on August 1, 2019 at 12:00 AM Pacific Time (“PT”) and ends on August 30, 2019 at 11:59 PM PT (the “Promotion Period”). The Website (defined below) computer is the official time-keeping device for the Promotion.
4. How to Enter and play the Instant Win Game: A computer or mobile device with internet access is required to participate in this Promotion. To enter, visit www.hendrickskaaboosd.com (the “Website”) and follow the directions to enter the Promotion. Entrants must complete, in its entirety, and submit all required fields on the registration form to participate in the Promotion. Incomplete entries are void. Upon completing the registration form, a virtual scratch-off card will be presented. Entrants must scratch off the designated area of the virtual scratch-off card to reveal the instant win message. If the instant win message reveals “Winner”, the Entrant will be deemed the grand prize instant winner (the “Grand Prize Instant Winner”) of the instant win grand prize (the “Instant Win Grand Prize”), subject to verification as outlined in Rule #5 below. If the instant win message reveals “Sorry”, the Entrant will be eligible for a chance to win a prize in the Sweepstakes at the end of the Promotion Period.
If the Instant Win Grand Prize has been awarded during the Promotion Period when an Entrant enters, the Entrant will still receive an entry into the Sweepstakes.
If, due to an error of any kind, more than one instant win “Winner” notification is delivered to Entrants, or more Instant Win Grand Prizes are claimed than are intended to be awarded per Rule #6 below, the Instant Win Grand Prize will be awarded in a random drawing from among all verified Instant Win Game Grand Prize claims received during the Promotion Period. In no event will Sponsor be obligated to award more than one (1) Instant Win Grand Prize and one (1) Sweepstakes Prize in this Promotion.
Limit: One entry per calendar day per Entrant (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM PT and ending at 11:59 PM PT on any one (1) calendar day). Entrants may not participate with multiple email addresses nor may Entrants use any other device or artifice to participate more than once per calendar day. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter the Promotion will be deemed to be the Entrant. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be required to show proof that he/she is the authorized account holder. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. Proof of submission of the registration form or Instant Win message is not proof of receipt by Sponsor. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in their sole discretion.
Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply if participating via a mobile device. For those persons participating with a mobile device: Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Internet access may not be available in all areas.
5. Selections/Odds/Notifications:
Sweepstakes Drawing: Sponsor will randomly select the potential Sweepstakes winner in a random drawing from all eligible entries received during the Promotion Period on or about September 1, 2019. The odds of winning a prize in the Sweepstakes depends on the number of eligible entries received during the Promotion Period. The potential winner of the Sweepstakes will be notified by mail, email or phone using the information provided on the registration form at the time of entry on or about the first business day following the random drawing. If the potential winner of the Sweepstakes does not respond to the notification within the date and time indicated, or he/she is not eligible per these Official Rules, he/she will be disqualified and an alternate winner will be selected based on the remaining non-winning eligible entries received during the Promotion Period.
Instant Win Game: The official Promotion computer system will randomly select a time during the Promotion Period to award the Instant Win Grand Prize. The Entrant who enters the closest after the pre-selected time will receive the instant win message (“Winner”), subject to verification. Odds of winning the Instant Win Grand Prize depend on when the Entrant enters the Game during the Promotion Period. The Grand Prize Instant Winner will receive an email from Sponsor within two (2) days following the instant win “Winner” message via the mobile scratcher with instructions to claim the Grand Prize. If the potential Grand Prize Instant Winner of the Game does not respond to the notification within the date and time indicated, or he/she is not eligible per these official Rules, he/she will be disqualified and the Instant Win Grand Prize will be randomly selected from among all non-winning eligible entries from the entire Promotion Period.
Sponsor’s decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion. In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place.
The awarding of prizes is subject to verification by the Sponsor, whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. A POTENTIAL PRIZE WINNER IS NOT A WINNER UNTIL HIS OR HER ELIGIBILITY HAS BEEN VERIFIED BY THE SPONSOR. Sponsor will not accept a screen shot or other material in lieu of its validation process.
In the event that a potential winner is disqualified for any reason, Sponsor, in its sole discretion, may select an alternate prize winner by random drawing from among all remaining eligible entries.
6. Prizes: ONE (1) INSTANT WIN GRAND PRIZE: The Grand Prize Instant Winner will receive two (2) 3-day VIP Hang Five KAABOO® passes to the KAABOO® Music Festival (the “Event”) at the Del Mar Racetrack and Fairgrounds (located at 2260 Jimmy Durante Blvd, Del Mar, CA 92014). The Event is from September 13, 2019 to September 15, 2019. Tickets are subject to availability, venue capacity, age, and other restrictions. The Grand Prize Instant Winner and guest must abide by all venue policies. Sponsor, KAABOO San Diego Eventco, LLC and Event organizer reserves the right to revoke full or partial prize from any Grand Prize Instant Winner or guest who they and/or their personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Sponsor into disrepute. Parking, travel and accommodations not expressly included are the sole responsibility of the Grand Prize Instant Winner and guest. Guest must be twenty-one (21) years of age or older. Resale of any prize(s) is prohibited. If Grand Prize Instant Winner is unable to attend on the dates or in the location selected, the Instant Win Grand Prize will be forfeited and no compensation will be awarded. An alternate Grand Prize Instant Winner may be randomly selected from the remaining non-winning eligible entries, time permitting. The Grand Prize Instant Winner and guest are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, lodging, surcharges, service charges, personal charges, security fees, shipping and handling, taxes, transportation (ground and airfare), travel and other insurance, souvenirs and other incidentals and items of a personal nature. The approximate retail value (“ARV”) of the Instant Win Grand Prize is $1,922).
ONE (1) SWEEPSTAKES PRIZE: The Sweepstakes winner will receive two (2) 3-day General Admission Hang Loose KAABOO® passes to the KAABOO® Music Festival (the “Event”) at Del Mar Racetrack and Fairgrounds (located at 2260 Jimmy Durante Blvd, Del Mar, CA 92014). The Event is from September 13, 2019 to September 15, 2019. Tickets are subject to availability, venue capacity, age, and other restrictions. The Sweepstakes winner and guest must abide by all venue policies. Sponsor, KAABOO San Diego Eventco, LLC and Event organizer reserves the right to revoke full or partial prize from any Sweepstakes winner or guest who they and/or their personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Sponsor into disrepute. Parking, travel and accommodations not expressly included are the sole responsibility of the Sweepstakes winner and guest. Guest must be twenty-one (21) years of age or older. Resale of any prize(s) is prohibited. If the Sweepstakes winner is unable to attend on the dates or in the location selected, the Sweepstakes prize will be forfeited and no compensation will be awarded. An alternate Sweepstakes winner may be randomly selected from the remaining non-winning eligible entries, time permitting. The Sweepstakes winner and guest are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, lodging, surcharges, service charges, personal charges, security fees, shipping and handling, taxes, transportation (ground and airfare), travel and other insurance, souvenirs and other incidentals and items of a personal nature. The approximate retail value (“ARV”) of the Sweepstakes prize is $732).
Total ARV of all prizes to be awarded in the Promotion is $2,654. Prizes consist of only the items specifically listed as part of the prize. Prize details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize. The names of individuals, companies, products and/or logos are used for identification purposes only and are the intellectual property of their respective owners. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
Prize Restrictions: Limit one (1) prize per Entrant/household. Sponsor is not responsible for lost, mutilated or stolen tickets. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The Sponsor reserves the right to cancel or postpone the Promotion if the Promotion becomes impossible or commercially unreasonable to administer. Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use. Sponsor is not responsible if the Event is delayed, postponed or cancelled for any reason, or for issues arising from the operation and management of the Event, in which case the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Failure to attend the Event does not relieve a winner of his/her tax obligations associated with acceptance of a prize.
7. Prize Claims: Except where prohibited, each potential winner must sign and return to the Sponsor an affidavit of eligibility/release of liability/publicity release (the “Release”) and for the Grand Prize Instant Winner, an IRS form W-9 in order to claim the respective prize (collectively, the “Required Documents”) within the time frame indicated in the notification. If the potential winner fails to sign and return the Required Documents within the required time period, the potential winner forfeits his/her right to the prize and an alternate winner may be selected at random from among all remaining non-winning eligible entries received during the Promotion Period, time permitting. The Instant Win Grand Prize is taxable as income and the Grand Prize Instant Winner is solely responsible for any taxes on the Instant Win Grand Prize, including, but not limited to all applicable federal, state and local taxes. The Sponsor must report the value of the Instant Win Grand Prize to the IRS in the year the Instant Win Grand Prize is received by the Grand Prize Instant Winner and will be reported to the Grand Prize Instant Winner and the IRS in the form of a Form 1099. In the event it is deemed during the verification process that the potential Grand Prize Instant Winner does not have a unique, personal and valid social security number for Sponsor (or any party acting on its behalf) to report the tax liability associated with acceptance of the Instant Win Grand Prize, the potential Grand Prize Instant Winner will be disqualified and another potential Grand Prize Instant Winner will be selected from among the remaining non-winning eligible entries received during the Promotion Period, time permitting. Valid social security numbers will be determined by IRS requirements.
8. Release: In exchange for the right to participate in the Promotion, the winner(s) agree to release and hold harmless Sponsor, KAABOO San Diego Eventco, LLC and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. Publicity: Except where prohibited, participation in the Promotion constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, each winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Promotion and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Promotion or prize-related activity. Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify the winner at any point if the winner’s behavior (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or a prize provider; or (iv) otherwise violates the policies of the prize provider; and, in such a case, the winner will forfeit the prize and still be solely responsible for all taxes and other expenses related to the prize, if applicable.
11. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded.
12. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in California, having jurisdiction. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
13. Entrant's Personal Information: Information collected from Entrants is subject to Sponsor’s privacy policy at https://www.hendricksgin.com/us/privacy?lb=t. By entering this Sweepstakes, each entrant confirms that he/she has read, agrees to and accepts each of Sponsor and Advertiser’s Privacy Policy.
14. Winner List: For the names of the winners, send a self-addressed, stamped envelope by June 6, 2019 to DRH Media And Activation Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.