“Tully Game Time” MA NJ NY Promotion
Official Rules
 
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OR PURCHASE OF ALCOHOL IS REQUIRED TO PARTICIPATE.
 
1. Eligibility: “Tully Game Time” MA, NJ, NY Promotion (the “Promotion”) is open only to legal residents of Massachusetts, New Jersey, and New York (“Eligibility Area”) who are at least twenty-one (21) years old 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 or Administrator (as defined below) and 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 Promotion; 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). All determinations of eligibility will be made by Sponsor in its sole discretion and may be made at any time. All applicable federal, state, and local laws and regulations apply. The Promotion is intended for viewing and participation within the Eligibility Area only. Do not participate in the Promotion unless you reside legally within the Eligibility Area. The Promotion is void outside of Massachusetts, New Jersey, New York and is void where prohibited, taxed or restricted by law. Sponsor’s determinations of eligibility are final and may be made at any time. 
 
PROMOTION AGREEMENT:  BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE SPONSOR, AND BY THE DECISIONS OF THE SPONSOR AND ITS DESIGNEES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS PROMOTION; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 9; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE PROMOTION IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
 
2. Sponsor:  William Grant & Sons USA., 300 Park Ave S #600, New York, NY 10010.
 
3. Administrator: Optivate Agency, 4032 Masonboro Loop Road, Unit 101, Wilmington, NC  28409. 
 
4. Timing:  The Promotion begins on September 15, 2022 at 12:00 AM Eastern Standard Time (“ET”) and ends on October 31, 2022 at 11:59 PM ET (the “Promotion Period”).  Administrator’s computer is the official time-keeping device for the Promotion. 
 
5. How to Enter:  There are two (2) ways to enter:
1. ONLINE: To play, visit www.tullygametime.com (the “Website) and follow directions to play this Promotion. Entrants must fully complete and submit all required information on the online entry form and play the instant win e-scratcher to reveal the prize notification status page.  Incomplete plays are void.  Entrant must come back each twenty-four (24) period of the Promotion to complete the online entry form to receive one (1) play per twenty-four (24) hours.
2. QR Code: Entrants may also play via the QR code found on Sponsor branded advertising materials. Entrant will scan the QR code using a web-enabled wireless device equipped with a QR code reader app (free to download) to be directed to the Website where you would follow the directions above to play.
 
NOTE:  Entrants are required to register at the first attempt to play.  Upon returning to the Website, Entrants may play additional times by submitting their email and personal information and clicking the “Get My Scratcher” button.
 
Limit:  Limit one (1) play per person per twenty-four (24) hours (an Entrant may only play with one email address– additional plays by the same person via additional email addresses will be void and subject Entrant to disqualification).  ? 
 
Any attempt by any Entrant to obtain more than the stated number of plays by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s plays 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 plays will not be accepted.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, damaged or misdirected plays, which will be disqualified.  
 
In the event of a dispute as to any participation, the authorized account holder of the email address used to play will be deemed to be the Entrant. "Authorized account holder" of the email address is defined as the natural person who is assigned to an email address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.? A potential prize winner may be required to show proof that he/she is the authorized account holder of the email address provided at the time of completing the online entry form. All plays submitted become the sole property of Sponsor and will not be acknowledged or returned. 
 
Normal Internet access and usage charges imposed by Entrants online service will apply. If Entrant participates from a mobile phone, such activity will be subject to the charges pursuant to their wireless service provider’s rate plan. Entrant further understands that by participating via mobile phone, if they are a potential prize winner, the Sponsor may contact them via mobile phone, which will be subject to the charges pursuant to their wireless service provider’s rate plan. Please consult wireless service provider for more information. Entrants are solely responsible for any related equipment and Internet access charges, if any.
 
6. Winning/Odds:  One (1) random, computer-generated winning time will be created by the Official Promotion computer system for the Massachusetts Eligibility Area. Two (2) random, computer-generated winning times will be created by the Official Promotion computer system for the New Jersey Eligibility Area. Two (2) random, computer-generated winning times will be created by the Official Promotion computer system for the New York Eligibility Area. The prizes will be awarded at random for each Eligibility Area using the computer-generated winning times by the Official Promotion computer system. Odds of winning depend on the number of eligible entries received and the date and time in which the Entrant plays during the Promotion Period for each Eligibility Area.
 
If for any reason, including, without limitation, a technical or other error, more prizes are claimed than the number set forth in these Official Rules, all Entrants making purportedly valid claims for the prize will be entered into a random drawing from which instant win prize winners for only the advertised number of prizes will be selected. 
 
The Sponsor and Administrator will not accept screenshots or other evidence of winning in lieu of its validation process.  Any potential prize winner announced on the Website is subject to verification, if applicable.
 
7. Prize Notification/Claim: Potential prize winners will be notified via email on or about five (5) days following the Promotion end date (the “Notification”).  If the potential prize winner cannot be contacted or does not respond to the Notification, if he/she is otherwise ineligible as determined by the Sponsor or the Administrator in their sole discretion, or if he/she refuses to accept the prize, then such potential prize winner forfeits his/her right to the prize and the prize will not be awarded.  
 
Upon receiving a prize win notification, a confirmation e-mail will be sent to the e-mail address supplied at the time of completing the online entry form. Print and retain the confirmation e-mail, a record of your potential instant win prize winner status. 
 
The awarding of the prize is subject to verification by the Sponsor whose decisions are made based at their sole discretion.  Sponsor’s interpretation of these Official Rules is final and binding in all respects. The potential prize winner is not a prize winner of any prize until his/her eligibility and the potential prize-winning play has been verified by Sponsor. 
 
8. Prizes: Each prize winner will receive an Apple Watch® Series 7 having an approximate retail value (“ARV”) of $572.38. Sponsor to select color.
 
Total ARV of all prizes to be awarded is $2,861.90.
 
Names of prize manufacturer is used solely for the purpose of identification of the prize. No endorsement, authorization, sponsorship, or approval by a manufacturer for this Promotion is intended or implied.
 
Prize winner is solely responsible for all federal, state and local taxes and all other expenses not specifically mentioned herein, as applicable.  Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded.
 
Prize is nontransferable 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.  Prize winner is responsible for all taxes and fees associated with the prize award, receipt and/or use. 
 
9. Release and Indemnification:  BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND ANY OF ITS AFFILIATES, SUBSIDIARIES, WHOLESALE DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, PRINTERS, SUPPLIERS, AND ANY DISTRIBUTORS AND RETAILERS OF ALCOHOL BEVERAGES;  TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY PROMOTION-RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
 
By participating, each Entrant agrees to indemnify and hold the Releasees harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Releasees due to or arising out of their play, or their conduct in creating an entry, or otherwise in connection with their participation in this Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
 
10. Publicity:  Except where prohibited, participation in the Promotion constitutes the prize winner’s consent to Sponsor’s and its agents’ use of the prize 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, prize 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.  All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of prize winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity. 
 
11. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of 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. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the play 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 playing the Promotion and accepting a prize, the prize 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.  Prize winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the prize winner if he/she violates the policies of these Official Rules; and, in such a case, the prize winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

12. Limitations of Liability:  Releasees are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, registration forms, release forms or any other documents; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Sponsor, including the inability to submit plays or other disruption related to Internet traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from Entrant's access of the Promotion, whether human, mechanical or electronic; (e) incorrect or inaccurate information whether caused by Promotion users or by any of the programming or equipment associated with or used in the Promotion; (f) any printing errors, typographical errors, or human errors, including but not limited to any human, mechanical typographical or electronic error which may occur in the processing of the plays or announcement of prize winners; (g) changes to social media platform policies and procedures that may interfere with the operation of the Promotion; (h) content filtering or any malfunction/error/failure which may impact the accessibility of entries/plays or the transmission or receipt of prize winner verification notices (or other communications with prize winners); or (i) unauthorized human intervention in the Promotion. Sponsor may consider entries to be void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Promotion, Releasees are not responsible for the actions of Entrants or other individuals in connection with the Promotion, including Entrants’ or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion.  If for any reason an Entrant’s play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another play in the Promotion, unless it is not possible to award another play 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 plays received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 
 
In the event of any conflict between any Promotion details contained in these Official Rules and Promotion details contained in any Promotion advertising materials, the details of the Promotion as set forth in these Official Rules shall prevail. If, for any reason, the Promotion (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Promotion, and to select the applicable prize winner(s) via the means of prize winner determination described in these Official Rules (from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable), or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the Entrant and via the means described in these Official Rules only. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. You are not a prize winner until your play has been verified and you have complied with these Official Rules. Each entry is the opinion or view of the applicable Entrant and does not reflect the views of the Releasees.
 
13. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, 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 New York 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. 
 
14. Collection and Use of Personal Information:  By entering the Promotion, Entrants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries or prize claims for all purposes related to the Promotion (including, without limitation, processing and administering entries or prize claims, sharing Entrant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Promotion, communicating with and awarding prizes to prize winners, making public announcements about winners, and advertising, promoting and publicizing the Promotion), as well as in accordance with Sponsor’s Privacy Policy published at https://www.williamgrantusa.com/privacy_statement_home.php provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review Sponsor’s Privacy Policy before participating. If you object to anything stated in these Official Rules or Sponsor’s Privacy Policy, do not participate in the Promotion.
  
15.  Winner List:  For the name of the prize winner, send a self-addressed, stamped envelope by November 30, 2022 to “Tully Game Time” MA, NJ, NY Promotion William Grant & Sons Inc. USA, 300 Park Ave S #600, New York, NY 10010.  Prize winner’s first name, last initial, city and state will be published in the prize winner’s list. Requests will be fulfilled after prize winner is verified.
 
Tullamore Dew Irish Whiskey, 40% Alc./vol. (80 Proof) ©2022 Imported by William Grant & Sons Inc., New York, N.Y. Glasses up to Responsible Drinking.