Flybird “Summer” Promotion
Official Rules
 
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OF ALCOHOL IS REQUIRED TO PARTICIPATE.
 
1. Eligibility: Flybird “Summer” Promotion (the “Promotion”) is open only to legal residents of the forty-eight contiguous United States and the District of Columbia (excluding New Jersey and Pennsylvania) 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 Flybird Cocktails or Administrator (as defined below), 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).  Subject to all applicable federal, state, and local laws and regulations.  Void in New Jersey, Pennsylvania and outside of the forty-eight (48) contiguous United States, District of Columbia and wherever else prohibited by law.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’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:  Don Sebastiani & Sons, 19150 Sonoma Hwy, Sonoma, CA 95476.
 
3. Administrator: NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409. 
 
4. Timing:  The Promotion begins on April 14, 2021 at 12:00 AM Eastern Standard Time (“ET”) and ends on May 14, 2021 at 11:59 PM ET (the “Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Promotion. 
 
5. How to Play:  To enter, visit www.flybirdsummer.com (the “Website) and follow directions to enter 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 win notification status page. Incomplete entries are void. Entrant must come back each day of the Promotion to complete the online entry form to receive one (1) entry per day. Entrants may also enter 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.  Message and data rates may apply for entries submitted via mobile devices. Check your mobile plan for rates/details.
 
NOTE:  Entrants are required to register at the first attempt to play.  Upon returning to the Website, Entrants may enter/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 calendar day (an Entrant may only enter with one email address or physical address each day – additional entries by the same person via additional email addresses or physical addresses will be void and subject Entrant to disqualification).  One play per calendar day (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM PT and ending at 11:59:59 PM PT on any one (1) calendar date).? 
 
Any attempt by any Entrant to play more than the stated number of times 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 entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, invalid or misdirected entries, 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 or resident of the physical address provided at the time of play. All information submitted becomes the sole property of Sponsor and will not be acknowledged or returned. 
 
6. Winning/Odds:  Twenty-five (25) randomly, computer-generated winning times will be created by the Official Promotion computer system. The Official Promotion computer is the “official computer” and official time keeping device for the Promotion.  Prizes will be awarded at random 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. The number of available prizes will be reduced by the equivalent number of prizes won during the Promotion Period.
 
Upon receiving a prize win notification, a confirmation e-mail will be sent to the e-mail address supplied at the time of registration. Print and retain the confirmation e-mail, as record of your potential instant win prize winner status. 
 
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. 
 
Sponsor and Promotion Administrator will not accept screen shots 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 drawing 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 Independent Administrator in their sole discretion, or if he/she refuses to accept the prize, then such potential prize winner will be forfeited and the prize will not be awarded.  
 
The awarding of the prizes 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 (25): Each prize winner will receive: i) a branded Flybird towel, ii) a Flybird cooler bag, and iii) a Flybird journal. Total ARV of each prize to be awarded is $75.
 
Total ARV of all prizes is $1,875.
 
Prizes are 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:  In exchange for the right to participate in the Promotion, the prize winner agrees to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, 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. 
 
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, the 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 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 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:  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, traffic congestion, 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/play process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of plays; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, 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 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 entries 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. 
 
13. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF KENTUCKY, 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 Kentucky 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. Entrant's Personal Information:  Information collected from Entrants is subject to Sponsor’s Privacy Policy at: https://store.flybirdcocktails.com/Legal/Privacy-Policy (“Privacy Policy”). By entering this Promotion, each Entrant confirms that he/she has read, agrees to and accepts Sponsor’s Privacy Policy. Entrants should be aware that Sponsor may be collecting non?public, personally identifiable information about them in connection with the operation of the Promotion.
 
15.  Winner List:  For the name of the prize winners, send a self-addressed, stamped envelope by June 14, 2021 to Flybird “Summer” Promotion NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.  Prize winner’s first name, last initial, city and state will be published in the winner’s list. Residents of Vermont may omit return postage. Requests will be fulfilled after all winners are verified.