Climax Corner Giveaway
Rules and Disclaimers for Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Giveaway (the “Giveaway”) is open only to those who follow giveaway guidelines to entering and who are at least 21 years old as of the date of entry. The Giveaway is only open to legal residents of the United States and is void where prohibited by law. Employees of Climax Spirits (the “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Climax Spirits, as final and binding as it relates to the content. The Giveaway is subject to all applicable federal, state and local laws.
3. Giveaway Period: Entries will be accepted online starting on July 11, 2018 and ending September 11, 2018. All online entries must be received by September 11, 2018 11:59 PM EST.
4. How to Enter: Below is the method to enter the Giveaway drawing. The Giveaway may be entered by uploading a recent picture of you with a bottle of Climax at your local liquor store. To be eligible, the picture must be uploaded on one of the following social media platforms: Instagram, Twitter, or Facebook. The post must have the hashtag #ClimaxCorner and must tag Climax Spirits on social media @climaxspirits. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Climax Spirits. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Climax Spirits.
5. Additional Conditions. For any reason you may request a cancellation of your entry(s) within 15 days prior to September 11, 2018 by contacting Prost Bev Co. 5300 Glades Cut Off Road Fort Pierce, FL 34981. Any incomplete or illegible entries will not be processed. The use of robotic, automatic, macro, programmed, photocopied entries, or multiple entries sent in bulk mail, or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services "on behalf of” Entrant is strictly prohibited. Any attempt by any participant to obtain more than the stated number of tickets or entries by using multiple/different email addresses, identities, registrations and logins, or any other methods may void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, postage due, invalid, unintelligible or misdirected entry applications, which will be disqualified and destroyed. In the event of a dispute as to any entry application, the authorized account holder of the email address, if applicable, used to register will be deemed to be the Entrant. Except in the case of gift entries, all entries must be made in the name of the individual and no transfer of ownership of a ticket is permitted. No entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities.
6. Prizes: Winners will receive two (2) free tickets to the Climax Corner at the Richmond Raceway for the race on September 22, 2018. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Climax Spirits to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. Odds: The odds of winning depend on the number of eligible entries received in the Giveaway prior to the drawing date.
8. Winner selection and notification: Winners of the Giveaway will be the first 100 participants to enter that meet eligibility. Winners will be notified via the social media account that posted the picture or preferred method. Climax Spirits shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by you: By entering this contest you understand that Climax Spirits, anyone acting on behalf of Climax Spirits or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Giveaway, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
10. Terms: Climax Spirits reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Climax Spirits may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Climax Spirits. Climax Spirits reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions.
Climax Spirits has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveaway rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and should such an attempt be made, Climax Spirits reserves the right to seek damages from any such person to the fullest extent permitted by law.
11. Limitation of Liability: By entering you agree to release and hold harmless Climax Spirits and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
12. Disputes: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF VIRGINIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in The State of Virginia having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Prost Beverage Company, Attn: Climax Corner Giveaway, 5300 Glades Cut Off Rd. Fort Pierce FL 34981. Requests must be received no later than September 22, 2018.
14. Sponsor: The Sponsor of the Giveaway is Climax Spirits: Prost Beverage Company, Attn: Climax Corner Giveaway, 5300 Glades Cut Off Rd. Fort Pierce FL 34981
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