Sponsor: – DeCrescente Distributing Company, Inc.
Sweepstakes Entry and Effective Date: – Entry procedures and effective dates to be determined by Sponsor and provided on related point of sale materials or other documentation.
Prizes and Approximate Values: – Details regarding prizes and approximate values for each Sweepstakes are made available at the time of each Sweepstakes.
Eligibility: – There is no purchase necessary and making a purchase will not increase the odds of winning. Sweepstakes are open to legal residents of New York in participating accounts and void where prohibited or otherwise restricted. Participants must be 21 years of age or older on the date of entry, and a valid photo ID is required. Participation is open to the public in each participating account, except that employees, agents and contractors of DeCrescente Distributing Company, Inc., as well as employees, family and household members thereof, are prohibited from participating in this Sweepstakes. In addition, sponsors, associates, advertising agencies and promotional companies involved in this Sweepstakes, as well as employees, family and household members thereof, shall be ineligible to participate in this Sweepstakes. In addition, employees, agents and officers of alcoholic beverage licensees (including retailers, suppliers and distributors), or family and household members thereof, are prohibited from participating in this Sweepstakes. All of those referenced above shall be ineligible for any prize covered herein. The parties acknowledge that Sponsor is not liable for reimbursement of any prizes otherwise payable to Sweepstakes Participants who are not in compliance with this provision.
Conditions of Winning: – Offer subject to federal, state, and local laws. By entering, participants agree to the Official Rules and Terms and Conditions, and expressly consent to the use of his/her name, photograph and/or likeness in any manner and in any media including advertising, promotion and/or public relations with no additional compensation unless prohibited by law. Winners agree to hold Sponsor and any participating promotional companies, as well as the prize provider, including their respective officers, shareholders, directors, employees, agents and representatives harmless from and against any and all claims or liability arising directly or indirectly from the prize or Sweepstakes. All Sweepstakes winners must claim prize in person and Sponsor is not obligated to deliver prize to any individual or entity other than winner. Prizes may not be mailed and must be delivered at Sponsor’s business address or otherwise by a representative of Sponsor at a location solely at Sponsor’s discretion. All entries and materials submitted become property of Sponsor and will not be returned.
Limitations on Liability: – DeCrescente Distributing Company, suppliers, sponsors, associates, judges, venues, advertising agencies and promotional companies, their respective parent companies, divisions, affiliates and each of their directors, officers, employees, agents, representatives, successors and assigns, and all others associated with the development and execution of this Sweepstakes are not responsible for any inaccuracies in information which may be used in the Sweepstakes, for any technical or human error which may occur in the processing of entries, including data entered by participants, any entry miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, printing or other failures related to hardware, software or virus, or incomplete, late or misdirected entries. Any compromise to the fair and proper conduct of this Sweepstakes related to a computer virus, or similar type of technical impairment that may affect the proper fairness, security and administration of the Sweepstakes may result in the termination, amendment or modification of the Sweepstakes, or portion thereof at the sole discretion of Sponsor. In addition, Sponsor reserves the right, in its sole discretion, to void any entries of participants whom it believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes or who acts in a non-sportsman like manner or with the intent to threaten or harass any other person.
General Terms: – Odds of winning vary depending on number of participants. If aspects of the prizes change outside the control of Sponsor, neither the Sponsor, nor any other promotional partners furnishing prize consideration, will be liable or responsible for any such changes and Sponsor reserves the right to substitute a prize of equivalent or greater value, at Sponsor’s sole and absolute discretion, if, for any reason, all or any portion of prizes, as described herein, are or become unavailable. No transfer of prize to a third party is permitted. No cash substitutions will be offered for prizes. By accepting a prize, prize winners agree that Sponsor shall not be liable for any injuries, damages or losses of any kind resulting from or in connection with the awarding, acceptance, possession or use of the prize or any aspects or parts thereof. Prize winners are responsible for paying any and all necessary State and Federal taxes related to the winnings. If applicable, winner may receive an IRS Form 1099 for the retail value of the prize. Each winner’s first name, last name, hometown and state will be disclosed on the Winner’s List that will be distributed upon request and as required by law. Sponsor reserves the right to modify Sweepstakes rules, including without limitation, the date, location, entry process, eligibility criteria and prizes at any time without prior notice. All decisions of Sponsor are final.
Conditions: – By entering the Sweepstakes, participants agree to the Official Rules, Terms and Conditions, all other rules set forth herein and that DeCrescente Distributing Company, Inc., participating suppliers, sponsors, associates, judges, venues, advertising agencies and promotional companies, their respective parent companies, divisions, affiliates and each of their directors, officers, employees, agents, representatives, successors and assigns, and all others associated with the development and execution of this Sweepstakes, shall not be held liable for any injuries, losses or damages, including death, resulting from participation in this Sweepstakes or prize acceptance. All participants, as a condition of entry into the Sweepstakes, agree to release DeCrescente Distributing Company, Inc., its employees, directors, representatives and affiliates from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, losses of any kind to persons including death or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded or for any typographical or other error in these Official Rules or with the announcement of or offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered.
Waiver: – By entering, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs or losses that may arise in connection with participation in the Sweepstakes or acceptance, possession and use of any prize. By entering, entrants agree that the laws of New York govern this Sweepstakes.
Dispute Resolution: – Except where prohibited, participants agree that a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action; b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorney’s fees; and c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Tampering: – Any attempt by an entrant to deliberately damage any website, server or other technical equipment of Sponsor, promoter or third party or to undermine the content or legitimate operation of this Sweepstakes may constitute a violation of criminal and civil law. Should such an attempt be made, Sponsor will disqualify any such participant, and Sponsor reserves the right to seek damages, including attorney’s fees and other remedies, from any such individual to the fullest extent permitted by law.
Force Majeure: – In the event Sponsor is prevented from continuing the Sweepstakes or the integrity and feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, tornado, storm, labor dispute, strike, terrorist threat or activity, act of God, satellite or equipment failure, civil disturbance, war (declared or undeclared), act of any federal, state or local government or court, computer virus or technical failures (each a “Force Majeure” event), Sponsor shall have the right in its sole discretion, to abbreviate, modify, suspend or cancel the Sweepstakes without any further obligation.