Contest Official Rules
VOID OUTSIDE MINNESOTA, AND WHEREVER PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU ARE NOT 21 OR OLDER, A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN MINNESOTA. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
2 GINGERS® MINNESOTA COCKTAIL CONTEST
1. NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. The “2018 2 GINGERS® Minnesota Cocktail” Contest (“Contest”) sponsored by Jim Beam Brands Co. (“Sponsor”) begins 12:00:01 a.m. Central Time (“CT”) on October 1, 2018 and ends on December 31, 2018 (“Contest Period”). You may enter the Contest via the website, as described below.
2. Eligibility: Legal residents of Minnesota, who are 21 years of age or older at the time of entry (each an “entrant”) may enter this Contest. Employees, directors, officers and agents of Sponsor, their parent, affiliate, and subsidiary companies, their advertising and promotion agencies, any alcoholic beverage industry wholesalers, distributors, or licensed retailers, and members of their immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. This Contest is void outside of Minnesota, and where prohibited by law.
3. How to Enter: Entry in this Contest requires two (2) steps. Step one (1): Create a new cocktail recipe, based on Minnesota landmarks or history, and take a photo of the cocktail made with 2 GINGERS® Blended Irish Whiskey, or take a photo of what inspired your cocktail recipe (your “Photo”), under the conditions described below in Rule 5. Step two (2): Post your Photo on the website 2GingersWhiskey.com/Contest, details below (your “Post”), along with the directions for the cocktail recipe and a short description of the inspiration behind your cocktail recipe.
How to Post your Photo:
Beginning at 12:00:01 a.m. Central Time (“CT”) on October 1, 2018, visit the website 2GingersWhiskey.com/Contest and follow the onscreen instructions to upload your Photo and descriptions, description to include the cocktail recipe, cocktail name and brief explanation of the inspiration behind the cocktail (“Contest Entry”).
Entries will be deemed made by the authorized account holder of the E-Mail address provided when uploading the Photo at the time of entry. The “authorized account holder” is defined as the natural person who is assigned to the E-Mail address by the Internet Service Provider. All Posts must be posted, in compliance with these Official Rules, by 11:59:59 p.m. CT on December 31, 2018.
4. Entry Errors/Tampering: Sponsor reserves the right to void all entries made through any third-party web site or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a web site/ service or entry method, as applicable. Sponsor further reserves the right in its sole discretion, to disqualify any individual (and all of his or her Contest Entries) if such individual tampers with the entry process, or in any way attempts to undermine the integrity and/or proper play of the Contest. Sponsor is not responsible for: (i) electronic, wireless or digital transmissions or any Entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, SMS text or telephone transmissions; (v) damage to entrant’s or any person’s computer or wireless device or its contents; (vi) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (vii) any Entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (ix) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prizes or prize winners; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant.
All incomplete or non-conforming entries will be disqualified.
If for any reason the Contest cannot be executed as planned, including but not limited to any printing, administrative, or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winners from among all eligible non-suspect entries received as of the date/time of termination. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Further Entry Conditions: Proof of submission of a Contest Entry does not constitute proof of receipt of entry by Sponsor. By entering, entrants acknowledge their compliance with and agreement to be bound by these Official Rules and the Sponsor’s decisions. All Contest Entries become the property of Sponsor. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Contest Entry, or entrant’s name, signature, hometown, voice, likeness, photograph, Photo, image and description and any statements regarding this Contest in any way, in commerce and in any and all media, without limitation, and without consideration to the entrant. Submission of a Contest Entry further constitutes the entrant’s irrevocable waiver of any moral rights/rights of publicity and assignment and transfer to Sponsor of any and all rights, title, and interest in and to the entry, including, without limitation, all copyrights and other intellectual property rights. Contest Entries and Photo must be the original work of the entrant, may not have been published previously, must not infringe third party rights, and must be suitable for publication (i.e., not obscene or indecent in the opinion of the Sponsor, further conditions below). Entrants waive all rights and remedies at law or in equity for any claim they may have relating to this promotion.
All Photo submissions must comply with the following requirements:
Content Requirements: All entrants must use caution and common sense in creating their Photos. THE PHOTO WILL BE RETAINED BY AND BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED. ALL ENTRANTS GRANT TO SPONSOR THE ABSOLUTE RIGHT AND PERMISSION TO COPYRIGHT, USE, PUBLISH, DISPLAY, BROADCAST, EDIT, MODIFY, REPRODUCE AND DISTRIBUTE THE PHOTO. SPONSOR SHALL HAVE THE PERPETUAL, IRREVOCABLE, UNCONDITIONAL, UNRESTRICTED, WORLDWIDE RIGHT TO USE THE PHOTO, IN WHOLE OR IN PART, IN ANY MEDIUM NOW KNOWN OR HEREAFTER DEVELOPED INCLUDING, BUT NOT LIMITED TO, ANY PRINT OR ELECTRONIC MEDIUM, VIDEO, BORADCAST, AND/OR ON THE INTERNET. ENTRANTS WILL RECEIVE NO PAYMENT, ROYALTY OR OTHER COMPENSATION FOR THE USE OF THE PHOTO. The Photo must be suitable for publication and compliant with the following content requirements in the sole opinion of the Sponsor:
Photo cannot depict consumption of alcoholic beverages;
The only person included in the Photo shall be the entrant, and the entrant must be twenty-one (21) years of age or older at the time of entry;
Photo cannot be obscene, defamatory, dangerous, discriminatory, infringing or otherwise inappropriate or unsuitable for publication to general audiences over the age of twenty-one (21);
Photo cannot depict or encourage excessive or irresponsible alcohol consumption, link alcohol to any activities that would be dangerous while consuming alcohol, including operating machinery, sailing, skiing, etc.;
Photo must not contain or depict any third party trademarks (other than 2 Gingers® Blended Irish Whiskey, should entrant choose to include such product in the photo submission) or copyright protected material.
Photo cannot be obscene or offensive, or endorse any form of hate or hate group;
Photo cannot defame, misrepresent or contain disparaging remarks about any person or entity, including but not limited to the Sponsor or its affiliates, as determined in the sole discretion of the Sponsor;
Photo cannot contain any material that may, in the sole discretion of Sponsor, infringe on the intellectual property rights of any third party, including but not limited to, copyrights or trademarks owned by others. Entrants must use their own original material in the creation of the Photo. If a Photo contains any third party trademarks or copyrighted material, Sponsor may, in its sole discretion, disqualify the Entry from the Contest. In the alternative, Sponsor may ask the entrant to provide the appropriate legal documentation, as required by Sponsor, that demonstrates that the entrant has received proper permission to use such third party material in the Photo for all purposes related to this Contest and Sponsor, with a right to further grant and transfer such permission to Sponsor and its affiliates. Failure to provide appropriate legal documentation, as determined in Sponsor’s sole discretion, will result in disqualification of the entry without notice;
Photo cannot advertise or promote any third party brand or product of any kind or contain any personal identification, including, but not limited to: license plate numbers, personal names, e-mail addresses, phone numbers, or street addresses;
Photo cannot contain materials embodying the names, voices, likeness, or other indicia of, or identifying any person, living or dead, unless appropriate permission and releases have been obtained for the use of such material in your photo. Failure to provide this documentation upon Sponsor’s request will result in disqualification of the entry without notice
Photo cannot depict any materials relating to the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces. Entries cannot be in violation of any applicable federal, state, and/or local laws, rules, and regulations;
In addition to the requirements and guidelines above, Photo must not contain obscene or pornographic material, contain defamatory or libelous statements, invade privacy rights, exploit individuals or in any other way violate applicable laws and regulations.
6. Winner Selection Process and Judging: Eligible Contest Entries will be judged, on or about January 1, 2019, by a panel of qualified judges selected by Sponsor who will apply the following criteria in selecting the winner: creativity and originality of the cocktail recipe (33.3%); photographic quality (33.3%); and creativity and originality of the description of the Minnesota based inspiration for the recipe (33.3%). Decisions of the judges are final and binding in all matters relating to this Contest. Judges will determine eleven (11) finalists and one (1) winner, based on the criteria described above.
The finalists and winner will be notified by phone, mail or e-mail once chosen. Prize winners may also be announced by news release, and will furthermore be showcased on social media channels including Sponsor’s global Instagram and Facebook pages. Winning is contingent upon fulfilling all requirements of these Official Rules. In the event of a tie, finalists and winner will be selected based on creativity and originality of the cocktail recipe.
7. Prizes: There will be eleven (11) entrants to win prizes.
Finalist Prizes: Eleven (11) Finalist Prize winners will be selected among all eligible entrants, in accordance with these official rules. The Finalist Prize will consist of assorted 2 GINGERS® Blended Irish Whiskey apparel and bar equipment such as shaker and glassware, final items to be determined by Sponsor in its sole discretion.
The ARV of each Finalist Prize is one hundred dollars ($100).
The Grand Prize: One (1) Grand Prize winner will be selected among the Finalists, in accordance with these official rules. The Grand Prize will consist of one (1) seven (7) day trip for two (2) people - the Grand Prize winner and one (1) guest (guest will need to be twenty-one (21) years of age or older and approved by Sponsor in its sole discretion to attend the trip to Ireland (“Trip”). Winner and guest must travel together and must depart and return to the same airport; the Trip must be taken between July 1, 2019 and December 1, 2019, specific dates to be determined by Sponsor and Grand Prize Winner, for clarification, Sponsor shall have sole determination on the final selected date of the Trip. Specific travel dates and arrangements are subject to availability and some restrictions. Ground transportation will be arranged where required. The Trip will consist of two (2) parts, the first part will include three (3) days with 2 Gingers® Blended Irish Whiskey founder, Kieran Folliard, as a tour guide and the second part of the Trip will consist of four (4) days with no tour guide. The Trip will consist of: (i) coach class roundtrip travel for up to two (2) people (winner and guest) between the major international airport closest to Winner’s residence (as determined by Sponsor in its sole discretion) and a major international airport in Dublin, Ireland (as determined by Sponsor in its sole discretion); (ii) one (1) overnight stay for two (2) people at a hotel in or around the town of Kilbeggan, Ireland (selected by Sponsor in its sole discretion, and subject to availability) based on single room, double occupancy stay, with meals included; (iii) one (1) overnight stay for two (2) people at a hotel in or around Ballyhaunis, County Mayo, Ireland (selected by Sponsor in its sole discretion, and subject to availability) based on single room, double occupancy stay, with meals included; (iv) four (4) overnight stays for two (2) people at a hotel in Dublin, Ireland (selected by Sponsor in its sole discretion, and subject to availability) based on single room, double occupancy stay; (v) a tour of Sponsor’s distillery while in Kilbeggan; (vi) a private guided tour around Dublin by Kieran Folliard, or another tour guide as selected by Sponsor in their sole discretion; (vii) transfers from Dublin to Kilbeggan to Ballyhaunis and back to Dublin, at the sole discretion of Sponsor, and between the airport, hotel and events listed in this prize package; and (viii) five hundred dollars ($500) in spending money.
Gratuities and all other expenses not specified herein, including without limitation all applicable international security fees, passenger facility charges and passport costs and trip insurance, are the winner’s responsibility. If winner is unable to complete trip on the dates specified, and/or is unable to attend all promotional events scheduled to take place during the trip, the winner shall forfeit the prize in its entirety and an alternate winner will be selected, time permitting, based on the criteria described above Trip must be taken in accordance with Sponsor’s directions.
GRAND PRIZE MUST BE FULFILLED, SUBJECT TO SPONSORS APPROVAL AND SOLE DISCRETION, BETWEEN JULY 1, 2019 AND DECEMBER 1, 2019. IF WINNER IS UNABLE TO ACCEPT THE PRIZE WITHIN THE TIMELINE SPECIFIED, THE WINNER SHALL FORFEIT THE PRIZE IN ITS ENTIRETY AND AN ALTERNATE WINNER WILL BE SELECTED, TIME PERMITTING, BASED ON THE CRITERIA DESCRIBED ABOVE IN RULE 6.
The ARV of the Grand Prize is eight thousand dollars ($8,000).
Any difference between the stated ARV and actual value of prize will not be awarded in any form. Prize is non-transferable, and no prize substitutions or cash redemptions are allowed except by Sponsor in its sole discretion, or as otherwise provided herein. Sponsor may substitute a prize of equal or greater value if an advertised prize becomes unavailable or if Sponsor determines, in its sole discretion, that a prize will not be awarded as described for any reason, including but not limited to inclement weather conditions which may restrict, limit or eliminate any portion or the entire prize. All income taxes on prizes are the winner’s sole responsibility. GRAND PRIZE WINNER WILL BE ISSUED AN IRS FORM 1099 FOR THE VALUE OF THE PRIZE. The Prize will be awarded provided it is claimed properly in accordance with these Official Rules.
All Prize-related travel arrangements will be administered by Sponsor’s authorized designee. All travel must be booked prior to departure. Prize travel is subject to capacity controls, availability, weather, seasonal influences and certain other restrictions, all of which are subject to change. The winner and his/her guest will be required to travel on identical itineraries including the same departure date and return date. Air transportation and hotel accommodations must be taken together and cannot be taken separately. Guest must stay in the same hotel room as winner. All airline tickets issued in conjunction with the Grand Prize may not eligible for upgrades, frequent flyer miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they are in the winner’s possession or in the possession of the guest. Sponsor will determine flight itinerary in its sole discretion. No changes will be made to travel details once any element(s) of the travel arrangements, including without limitation hotel and flight arrangements, have been booked, except at Sponsor’s sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. If the winner elects to travel or partake in the Prize with no guest, no additional compensation will be awarded to the winner.
All costs and expenses not specifically included herein are solely the winner’s responsibility. The winner and guest are solely responsible for obtaining any desired or necessary travel documents (including valid government-issued passport with at least six months validity remaining). The winner and guest hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Trip. It is the responsibility of the winner and his/her guest to arrive at the designated gateway airport in time for each flight that is part of the Prize.
Winner and his/her guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules. Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to the winner and/or his/her guest will be the responsibility of the winner.
Sponsor bears no responsibility if any event, element or detail of a Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the travel portion of the Prize, minus any unavailable event, element or detail. Winner and his/her guest shall be subject to all terms and conditions printed on any ticket issues in conjunction with a Prize. In the event the winner and/or guest is denied entry into any ticketed event or is removed or barred from any ticketed event location for any other reason, the Sponsor is not responsible and no further compensation or award will be provided.
Actual value may vary based on point of origination and airfare fluctuations. Any difference between the stated ARV and actual value of prize will not be awarded in any form. Dollar amounts are expressed in U.S. currency. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed except by Sponsor in its sole discretion, or as otherwise provided herein. Company may substitute a prize of equal or greater value if an advertised prize becomes unavailable. All income taxes on prizes are the winners’ sole responsibility. All prizes will be awarded according to these rules and distributed no later than December 8, 2019, provided a sufficient number of qualifying entries is received, and prizes are claimed in accordance with these Rules.
8. Verification/Prize Claim: All Prize Winners must provide positive identification specified by Sponsor to claim/participate in a prize. All Prize Winners will be required to sign and return a Declaration of Eligibility and Liability/Publicity Release, within Ten (10) business days of notification or the prize will be forfeited and awarded to an alternate Prize Winner, time permitting, based on the criteria described above. If prize notification is returned as undeliverable, prize will be forfeited and awarded to an alternate Grand Prize Winner, time permitting, based on the criteria described above. Except where prohibited, acceptance of a prize and/or participation in prize constitutes Winner’s agreement to hold harmless Sponsor, its parent, affiliate and subsidiary companies, advertising and promotion agencies, and the officers, directors, employees and agents of each of them (individually and collectively for the purposes of this Paragraph 8, “Contest Parties”) from and against any injuries, losses or damages arising in any way from or in connection with their participation in this promotion, the acceptance, possession or use of the prize, Contest Parties’ reliance upon their compliance with these rules, or their participation in prize-related activities, and further constitutes Prize winner’s agreement that the Contest Parties may use their names, voices, likenesses and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.
9. Limitations on Liability: By entering, each entrant agrees to abide by the terms of these Official Rules and by the decisions of the Sponsor, and agrees to indemnify, release, defend and hold harmless Instagram, the Sponsor, its parent company, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy or merchandise delivery arising from or in connection with participation in the Contest or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her) or his/her participation in prize-related activities (if applicable), including but not limited to travel related thereto.
By accepting a prize, the Prize Winner agrees that any liability concerning or arising out of his/her prize rests solely with the common carrier on which the winner traveled, the hotel that provided lodging, or the manufacturer of the goods, (as applicable) and/or the respective affiliates of each of the foregoing. Furthermore, the Prize Winner, by accepting a prize, acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
10. Consent to Publicity: By accepting a prize, the Prize Winner and his/her guest further consent to Sponsor’s use of their names, signatures, voices, statements and/or likenesses for product labels and packaging, advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice, unless prohibited by law.
11. Disputes/Venue/Governing Law: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Contest, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.
13. Winners List: For a list of the major prize winners, send an email to firstname.lastname@example.org, after July 1, 2019.
14. Sponsor: Jim Beam Brands Co., 222 W. Merchandise Mart Plaza, Suite 1600, Chicago, IL USA
2 GINGERS® Blended Irish Whiskey, 40% Alc./Vol. ©2018 Kilbeggan Distilling Import Company, Chicago, IL.