FLAVIAR - BURNS NIGHT TOAST WRITING CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE.
Acceptance of Official Rules: By entering (the “Contest”), you hereby accept and agree: (i) to these official rules (the “Official Rules”), and the decisions of the Administrator in connection with the Contest, whose decisions are final, binding and conclusive on all matters relating to this Contest; and (ii) to the disclosure of your entry information to the Administrator for purposes of administering the Contest. This Contest is administered by Flaviar Inc., a Delaware corporation with a registered office at 244 5th Ave Suite F247, New York New York 10001 (“Administrator”).
Eligibility: The Contest is offered and open to persons who are: (i) legal residents of the following states of the United States: AZ, CA, CO, CT, DC, FL, IL, KY, LA, ME, MD, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TX, VA, WA (“Territory”); and (ii) at least 21 years of age at the time of entry. This Contest is void outside the Territory, and where taxed, prohibited or restricted by law, regulation, rule or otherwise. This Contest is not open to persons who are in the employment of any of the following: (i) the Administrator or their affiliates, subsidiaries, or parents; (ii) alcohol beverage distributors or wholesalers; (iii) retailers (including bartenders/staff) of alcohol-beverage products; (iv) advertising, promotion or media agencies, printers of Contest materials or Contest material suppliers, or other coordinating agencies involved in this Contest; or (v) or the immediate family members (biological or step-parent, grandparent, child, sibling, spouse of the foregoing) regardless of where they live, or household members (people who share the same residence at least three (3) months out of the year) of each of the above, whether they are related or not. This Contest is subject to all applicable federal, state and local laws and regulations.
Contest Entry Period: The Contest begins at 12:01 a.m. Eastern Time (“EST”) on January 25, 2024 and ends at 11:59 p.m. EST on February 10, 2024 (the “Contest Entry Period” or “Promotion Period”). Administrator is the official timekeeper for this Contest.
To Enter: By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Administrator, including the interpretation of these Official Rules and Administrator’s exercise of discretion, which will be final and binding in all respects. Visit Flaviar Microsite (https://flaviar.com/burns-night/) during the Promotion Period and follow the instructions to complete and submit an entry. You must have a valid email account to enter the Contest. All entries must be received during the Contest Entry Period. Entries are only accepted via the method described.
Information collected from entrants via the official entry form will only be used for email marketing purposes, including but not limited to, by Administrator, if entrant consents to use in such manner. Any requested opt-in consent is not required to enter the Contest and will not increase your chances of winning. The use of automated devices to enter this promotion is prohibited. Any attempt by any person to submit multiple entries by using multiple/different e-mail accounts or any other methods will void all entries submitted over the Contest Entry Period and that person will be disqualified from the Contest. All entries become the property of the Administrator and will not be returned.
Entries: You may enter once. Only entries received during the Contest Entry Period and which are otherwise fully compliant with these Official Rules will be entered for a chance to participate (“Valid Entries”). Multiple entries will result in the disqualification of all entries from said entrant. Entries not satisfying all the requirements of these Official Rules will be automatically disqualified. No mass or mechanically reproduced entries will be allowed.
Selection of Winner(s) & Judging Criteria: Administrator will review all Valid Entries based on the below criteria, the “Judging Criteria,” and select one “finalist.” On or about February 16, 2024, a panel will review all finalists and select one (1) grand prize winner (the “Prize Winner”). The “Judging Criteria” are:
(#1) Creativity, (#2) Relevance, (#3) Style & grammar.
Administrator and judges will determine, in their sole discretion, which entries are deemed Valid Entries, and their decisions and the result of the judging will be final in all respects. Odds of winning depend on the total number of Valid Entries timely received. The potential Prize winner(s) will be notified via e-mail or direct message via social media. If a potential prizewinner cannot be reached after two (2) attempts, such person may be disqualified and an alternative potential prizewinner may be selected in accordance with these Official Rules. If any prospective prizewinner e-mail is returned as undeliverable, it will result in disqualification and at Administrator’s sole discretion an alternative potential prizewinner may be selected in accordance with these Official Rules. Any non-response by a potential winner or Administrator’s failure to receive a response from any potential winner within two (2) business days may result in disqualification of such potential winner and the selection of an alternate potential winner in Administrator’s sole discretion and time permitting. Administrator is not responsible for unsuccessful efforts to notify any potential winner.
Affidavit of Eligibility: Each potential prizewinner must sign and return an Affidavit of Eligibility, which includes requirement to provide a Social Security Number, Liability Release and Publicity Release (where legal) (collectively the “Releases”) within three (3) business days of notification. Administrator reserves the right, at its sole discretion, to disqualify Winners based on the background check. Administrator reserves the right to conduct a background check, including but not limited to criminal history, on any winners and, if applicable, their guests. If any prospective potential winner is found to be ineligible for any reason, an alternate potential winner may be selected at Administrator’s sole discretion. In the event of non-compliance with these requirements (including execution of the Releases) or if any Releases or other documentation are returned as undeliverable, the prize may be forfeited and an alternative potential prizewinner may be selected if feasible. All winners are subject to verification and compliance with these Official Rules. Except where prohibited by law, the potential prizewinner’s acceptance of a Prize constitutes permission for Administrator to use the prizewinner’s entry, name, photograph, likeness, statements, biographical information, voice, and address (city and state only), as edited, altered or modified in any way by the Administrator or its designee(s) in their sole discretion, as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising from your participation in this Contest in any and all media now known or hereafter devised, throughout the world in perpetuity, for advertising the Contest or any other purposes, without limitation and without additional review, notification, compensation, or approval.
Taxes: The value of the Prize won by a participant of this Contest may be taxable as income to the winner. The winner is solely responsible for any and all taxes or fees associated with the prize(s). Winners will be issued an IRS Form W-9 with the Releases and a subsequent IRS Form 1099. Upon receipt of a Prize, the winner is required to comply with any and all applicable federal, state and local laws, rules and regulations.
There will be three (3) winners and three (3) prizes.
- prize package will include:
- 1x set of 3 Highland Park peedie glasses worth approx. $10,
- 1x Highland Park apron worth approx. $95,
- 1x Flaviar Black annual membership worth approx. $40.
- prize package will include:
- 1x set of 3 Highland Park peedie glasses worth approx. $10,
- 1x Flaviar Black annual membership worth approx. $40,
- 1x Highland Park Amulet Lapel Badge (pin) worth approx. $5.
- prize package will include:
- 1x Highland Park Amulet Lapel Badge (pin) worth approx. $5,
- 1x Flaviar Black Membership worth approx. $40.
General Prize Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Administrator, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. No transfers, cash redemption, or substitutions are permitted, except that Administrator reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value in its sole and absolute discretion. All Prize awards are subject to verification of eligibility and compliance with these Official Rules. Please allow approximately six (6) to eight (8) weeks from the date of completion of the winner verification process to receive your Prize.
If the actual retail value (“ARV”) is less than the stated ARV, neither the difference in value nor any additional compensation will be awarded.
Improper Conduct: Administrator, in its sole discretion, may disqualify you from participation in the use of any or all portions of the Contest, and refuse to award a Prize, if you engage in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest, or to the Administrator. Such improper conduct, includes, without limitation, non-compliance in any public forum, including but not limited to social media channels, with applicable Distilled Spirits Council Codes, falsifying personal information required during registration or prize claim, violating any term or condition stated herein, accumulating entries through automated techniques, or allowing others to use your personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs or wireless technology in connection with this Contest. You agree that the Administrator may void any part of any Prize that you may have won or require the return of any part of any Prize that you may have won as a result of such improper conduct. You further acknowledge that any forfeiture of any prize or return of any prize in no way prevents the Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Conditions of Entry: Administrator and its respective parents, affiliates, subsidiaries, divisions and advertising or Contest agencies, individuals or entities responsible for the development, printing, distribution and implementation of this Contest, suppliers, distributors and retailers of alcohol-beverage products, and each of their respective employees, officers, directors and agents (collectively, “Released Parties”) are not responsible for, and you hereby forever waive any rights to any claim in connection with: (i) lost, late, misdirected, incomplete, incorrect, inaccurate, damaged, illegible or postage due entries; (ii) hardware or software errors; faulty computer, telephone, cable, satellite, network, cellular towers, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled, scrambled, delayed or faulty data transmission entries; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the website or social media in whole or in part for any reason; traffic congestion on the Internet or the website or social media; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest; or (iii) any injury or damage to your computer or any other person’s computer or other device related to or resulting from entering or otherwise participating in the Contest or downloading materials from or use of a website or social media. Released Parties are also not responsible for any other errors in connection with the Contest, including, without limitation, errors or problems in connection with the administration of the Contest, the processing of entries, the announcement of the winners, or typographical, printing or other errors in these Official Rules or in any Contest-related materials.
By participating in the Contest, you agrees to release, defend, indemnify and hold harmless Released Parties from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by: (i) entering or participating in the Contest (including any claims of third parties alleging infringement, rights of publicity, rights of privacy or defamation or other intellectual property rights); (ii) the acceptance, use or misuse of any Prize; (iii) participation in any Prize-related activities or travel, including but not limited to injury or loss sustained; (iv) financial claims; (v) physical or emotional injury; or (vi) any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
Contest Errors: Administrator and its respective parents, affiliates, subsidiaries, divisions and advertising or Contest agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Contest. Administrator reserves the right to withdraw and terminate, or modify, the administration of the Contest if it becomes technically corrupted, if a computer virus or system malfunction impairs its ability to conduct the Contest, or if the online entry method otherwise becomes impossible, impractical, infeasible for any other reason. Further, the Administrator has the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate this Contest at any time without notice or further obligation.
Multiple Entries: In the event of a dispute involving entries submitted by multiple individuals using the same wireless phone number, email, social media account or physical address, as the case may be, the entry will be deemed to have been submitted by the authorized subscriber of the email account, the authorized owner of the wireless phone number, or social media channel may be, used to enter the Contest at the time of entry. The authorized account subscriber/owner is defined as the natural person who is assigned to the account or wireless phone number by the relevant social media provider, wireless carrier or online service provider or other organization responsible for assigning social media accounts, wireless phone numbers and/or email addresses for the domain associated with the submitted email address, as applicable, and he/she must fully comply with these Official Rules. Entries from any person, social media account email address, or household in excess of the one (1) entry limit are prohibited and will void all entries from that social media account, wireless phone number, email address or physical address.
Computerized Online Registration: This Contest is intended for viewing the United States of America. Do not enter this Contest if you are not located in the United States. Administrator reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. If, for any reason, the computerized entry portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Administrator which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then the Contest may be cancelled, terminated, modified, or suspended. Each entry must be manually key-stroked and manually entered by the individual entrant. Repetitive automated electronic submission of entries is specifically prohibited, and any such entries will be disqualified.
Interpretation: This Contest is governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. By participating, you agree that any and all disputes arising out of or relating in any way to this Contest will be litigated only in courts sitting in New York. The New York courts (State and Federal) have sole jurisdiction of any controversies regarding the Contest and the laws of the State of New York govern the Contest. You waive any and all objections to jurisdiction and venue in these courts and hereby submit to the jurisdiction of these courts.
Limitation of Liability: IN NO EVENT WILL THE ADMINISTRATOR, OR ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, DIVISIONS, INDIVIDUALS, AGENCIES, OR ENTITIES RESPONSIBLE FOR THE DEVELOPMENT, PRINTING, DISTRIBUTION OR IMPLIMENTATION OF THIS CONTEST BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST, THE PRIZES, INCLUDING, WITHOUT LIMITATION, ANY TRAVEL RELATED THERETO, OR THE USE OR MISUSE OF ANY MATERIAL FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. By entering this Contest, you understand that you are providing your information to the Administrator and not to Facebook, Instagram or Twitter.
Winner’s list: For a list of prizewinners, after April 1, 2024, send a self-addressed stamped envelope by April 15, 2024 to: Flaviar Inc 244 5th Ave Suite F247, New York, NY 10001.
(The Edrington Group USA, LLC (Highland Park) is not a promoter or sponsor to this Contest.)