OFFICIAL RULES
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ALCOHOL IS NOT A PRIZE. MUST BE TWENTY-ONE (21) OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW. THIS CONTEST IS INTENDED FOR ENTRY IN THE STATE OF TEXAS ONLY AND WILL BE GOVERNED BY U.S. LAW. References to any third-party entity are not meant to imply an endorsement of this Contest or any entity affiliated with Sponsor (defined below).
SPONSOR/ADMINISTRATOR: The “Still Austin’s Ultimate Tailgate Contest” (the “Contest”) is sponsored and administered by Still Austin Whiskey Co., located at 440 E. St. Elmo Road, Building G, Austin, TX 78745 (the “Sponsor”).
CONTEST PERIOD/ENTRY PERIODS: The Contest begins at 12:00:00 p.m. Central Time (“CT”) on August 30, 2023 and ends at 11:59:59 p.m. CT on November 24, 2023 (the “Contest Period“). The Contest Period is subject to two (2) entry periods (each, an “Entry Period”), each associated with a Grand Prize (defined below). The first Entry Period starts at 12:00:00 p.m. CT on August 30, 2023 and ends at 11:59:59 p.m. CT on September 25, 2023. The second Entry period starts at 12:00:00 a.m. CT on September 26, 2023 and ends at 11:59:59 p.m. CT on November 24, 2023. The date and time stamp of the Website (defined below) will be the official time keeping device for this Contest.
ELIGIBILITY: Contest is open only to legal residents of the United States who reside in the state of Texas and are twenty-one (21) years of age or older at the time of entry (each, an “Entrant”). The Entrants who are selected as the potential grand prize winners (each, a “Grand Prize Winner”) must have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the grand prize (the “Grand Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. The following individuals are not eligible to participate in the Contest: employees, contractors, directors and officers of Sponsor and each of its respective parent, subsidiaries and affiliated companies, distributors, wholesalers, retailers, other alcoholic beverage suppliers, and any agencies involved in the administration, development and fulfillment of the Contest including, but not limited to, the National Sweepstakes Company, LLC (the “Independent Administrator”), and any other web design, advertising, marketing, public relations, and prize fulfillment companies, and the immediate family members (spouse, domestic partner, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual. Contest is subject to all federal, state and local laws and regulations. Contest is void outside the state of Texas and wherever else restricted or prohibited by law.
AGREEMENT TO OFFICIAL RULES: By participating in the Contest in any way, including submission of any entry or the partial completion of any act of entry or any other step taken to participate in the Contest in any manner, constitutes your full and unconditional agreement to these Official and the decisions of the Sponsor and Independent Administrator which are final and binding in all respects.
HOW TO ENTER: Visit www.stillaustin.com/tailgate (the “Website”) or scan the QR code found upon any Contest advertising, and when prompted, complete the entry form in its entirety, including your first name, last name, date of birth and email address. After clicking the “Submit” button you will receive an automatic email response. To complete the submission (“Submission”) you must respond to the email, and, in one thousand (1000) words or less, describe why you think you deserve to be chosen to win an ultimate tailgate party (“Essay”). Upon completing the entry form and submitting the Essay via email, you will receive one (1) entry/Submission into the Entry Period associated with the dates you clicked “Submit”. Such Submission (if not chosen as a Grand Prize Winner) will also be eligible for judging in Entry Period 2. Limit of one (1) Submission per Entrant. Non-winning eligible Submissions from Entry Period 1 will carry over and will be eligible for Entry Period 2.
Any attempt by an Entrant to enter more than the stated number of Submissions by using multiple/different email addresses, identities, and/or any other methods, will void all of that Entrant’s Submissions.
Entrant represents and warrants that the contents of the Submission (i.e., the Essay); (a) is complete, true and correct to the best of their knowledge and belief; (b) is the original work of the Entrant; and (c) has not previously won a contest or other promotion.
Entrant understands and agrees that the Sponsor and Contest Entities are not responsible for any Submission that is lost, late, misdirected, inaccessible, unviewable or undeliverable, whether due to; (a) system errors, omissions, interruptions, deletions, defects, delays, theft or destruction; (b) failed, faulty, incomplete or garbled computer or telephone transmissions or other telecommunication malfunctions, hardware or software errors of any kind; (c) lost or unavailable network connections, typographical or system errors and failures, technical malfunctions, or otherwise. Each Submission will be reviewed and approved by the Sponsor and may be disqualified if not submitted in accordance with these Official Rules.
Submission Requirements/Restrictions: Submissions; (a) containing general obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm; (b) containing other offensive content and/or any content that is explicit, graphic or otherwise indecent or that is or could be considered inappropriate, unsuitable, or offensive; (c) derogatory of any ethnic, racial, gender, religious, professional or age group; (d) promoting alcohol, illegal drugs, tobacco, firearms or weapons, activities that appear unsafe or dangerous or a particular political agenda or message; and/or (e) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including but not limited to rights of privacy or publicity or portrayal in a false light or (f) otherwise violate these Official Rules, all as determined by Sponsor/Independent Administrator, in their sole discretion, shall be disqualified from the Contest. Without limiting the foregoing, Sponsor/Independent Administrator reserve the right to disqualify a Submission it feels is inappropriate in any way. Late Submissions or Submissions sent via any other method than those stated above will not be accepted. To the best of Entrant’s knowledge and belief, its Submission is truthful. Entrant further agrees and warrants that he/she shall not enter any Submission that is known by the Entrant to (a) be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation. Should any Submission violate these restrictions, such Submission will be disqualified and will not be eligible to win. In such event, Sponsor and Independent Administrator further reserve the right to take any necessary actions so as to protect their respective legal rights.
ADDITIONAL CONDITIONS: Submission must not have been previously published, must not be awaiting publication, nor may be submitted for publication consideration during the Contest. Submissions not meeting the requirements as set forth in these Official Rules or that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor and/or Independent Administrator in its sole discretion, will not be eligible for judging and will be disqualified.
By entering a Submission, Entrant consents to have the Entrant’s Submission made available for public viewing and/or comment on the Internet. By participating, Entrant agrees that their Submission may be shared on Sponsor’s website, other social media sites or other websites by the Sponsor. However, such posting of a Submission does not constitute any representation or guarantee by Sponsor that any Submission will be selected as a prize winner in the Contest, or that the Entrant addressed in such Submission has won a Prize in the Contest; see below for an explanation of the evaluation of Submissions and the procedure by which prize winners will be selected pursuant to this Contest.
THE CONTENT OF THE SUBMISSIONS REPRESENT THE VIEWS AND OPINIONS OF SOLELY THE ENTRANT WHO HAS PROVIDED THE SUBMISSION AND DOES NOT REFLECT THE VIEWS AND/OR OPINIONS OF THE SPONSOR OR INDEPENDENT ADMINISTRATOR IN ANY MANNER. SPONSOR AND INDEPENDENT ADMINISTRATOR EACH DISCLAIM ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING SUBMISSIONS PRIOR TO POSTING OF SAME. SPONSOR MAY EDIT SUBMISSIONS PRIOR TO POSTING THEM ON ANY WEBSITE OR ELSEWHERE IN CONJUNCTION WITH THE CONTEST BUT WILL BE SEEKING THE APPROVAL OF THE RESPECTIVE ENTRANT PRIOR TO EFFECTING SUCH EDITING AND/OR POSTING.
JUDGING: There will be two (2) Grand Prize Winners selected in this Contest. On or about September 30, 2023, one (1) Grand Prize Winner will be selected for Entry Period 1 from among all Submissions submitted during Entry Period 1. On or about November 25, 2023, one (1) additional Grand Prize Winner will be selected for Entry Period 2 from among all Submissions submitted during Entry Period 2 (and all non-winning Submissions from Entry Period 1). All Submissions will be initially reviewed by the Sponsor or a Sponsor representative for compliance with these Official Rules (including the Submission requirements). Thereafter, the eligible Submissions received will be judged and scored based on the following criteria: (34%) Creativity; (33%) Originality; and (33%) Presentation.
Each Submission will, for each of the above-described criteria, be scored with a raw score between 1-5 (with 5 being the highest). For each Submission, after a (1-5) score has been determined for each criterion, each raw score will be “weighted”, taking into account the relative percentages shown above (in parentheses, next to each criterion). The “total score” for each scored Submission will be the total score of all of the above criteria (taking into account the above-described “weighting”). From among all Submissions received in Entry Period 1, the one (1) Submission having the highest “total score” will be deemed the grand prize-winning Submission for that Entry Period; from among all Submissions received in Entry period 2 (and all non-winning Submissions from Entry Period 1), the one (1) Submission having the highest “total score” will be deemed the grand prize-winning Submission for that Entry Period. In the event of a tie in either Entry Period, an additional judge will score each tied Submission (pursuant to the procedures described above) and the Submission with the highest total score pursuant to that subsequent scoring will be deemed the respective Grand Prize Winner. In the event of a further tie within an Entry Period, Sponsor (as applicable) shall, in their sole discretion, choose a Grand Prize Winner (as applicable) based on its evaluation of which Submission is superior overall, taking the entire judging criteria into consideration.
The potential Grand Prize Winners will be notified by Independent Administrator via email within one (1) to three (3) business days from the date in which the judging is complete. Each, potential Grand Prize Winner will be required to complete and return “Required Documents” as further described in the “PRIZE CLAIMS” section below. The names of the potential Grand Prize Winners may also be posted on Sponsor’s website and/or social media channels, but does not guarantee a Grand Prize will be awarded, until the Grand Prize Winner’s Required Documents (defined below) are received and verified by the Independent Administrator/Sponsor.
PRIZE CLAIMS: Except where prohibited, the potential Grand Prize Winners will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within seven (7) days or less from receipt of Notification from the Independent Administrator by email. If a potential Grand Prize Winner fails to return the Required Documents within the time-period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “JUDGING” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Each potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that a potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, such potential Grand Prize Winner will be disqualified, and an alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that a potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “JUDGING” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event the potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
PRIZES: There will be two (2) Grand Prizes awarded in this Contest. The total approximate retail value (“ARV”) of each Grand Prize is $10,000. The total ARV of all Grand Prizes to be awarded is $20,000. Each Grand Prize Winner will receive a tailgate party at their home for up to fifty (50) guests of Grand Prize Winner’s sole choosing thrown by Still Austin Whiskey Co and catered by Aaron Franklin and Franklin Barbeque Pits (includes food and non-alcoholic beverages, Decor, A/V). The date of the tailgate party will be determined by Sponsor in their sole discretion and may not be modified once set. In addition, each Grand Prize Winner will receive a prize package including one (1) Franklin Barbeque Pit, one (1) YETI Tundra 65 and one (1) pair of Lucchese boots. Names of prize manufacturers are used solely for purposes of identification. No sponsorship or endorsement is intended or implied by such use. Prize does not include alcohol.
Any difference between the stated ARV and final ARV of the Grand Prize will not be awarded. Grand Prize consists only of the elements expressly set forth herein; no other elements or expenses are included in the Grand Prize and all such expenses are the sole responsibility of the Grand Prize Winner. Grand Prize Winner cannot assign or transfer the Grand Prize to another person. No prize substitution or cash alternative allowed except at the sole discretion of the Sponsor, who reserves the right to substitute the Grand Prize (or any portion thereof) with a prize of comparable or greater value, in their sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any element of the tailgate party.
GENERAL RULES: By acceptance of a Prize, Prize Winner grants permission to the Sponsor and its agencies to use first name, last initial, city, state, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, Entrants/Prize Winners hereby agree to release and indemnify Sponsor and affiliated companies, advertising and promotional agencies, including the Independent Administrator, and Prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the “Contest Entities”) from any and all injuries, loss, claims or damages arising out of an Entrant’s participation in the Contest and/or Entrant’s and Prize Winner’s acceptance or use or misuse of the Prize. By participating in the Contest, Entrants agree that the Contest Entities will have no liability whatsoever for, and that Entrant will defend and hold the Contest Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of any Prize awarded hereunder. Without limiting the foregoing, everything regarding the Contest, including the Website/any websites used in connection therewith and the Prize(s) awarded hereunder, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by the Contest Entities.
If for any reason the Contest is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. In the event the Contest is canceled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Prizes from among all eligible entries received prior to cancellation.
No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation in or downloading any materials from this Contest. Sponsor is not responsible for any typographical or other error in the printing of the Contest materials, administration of the Contest, or in the announcement of the Prizes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry, to be violating these Official Rules or to be acting in a disruptive manner. Use of automated entry devices or programs is prohibited. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. THE PRECEDING EXPRESSLY INCLUDES BUT IS NOT LIMITED TO ANY ATTEMPT TO TAMPER WITH OR MANIPULATE THE PUBLIC VOTING PHASE OF THE CONTEST.
DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (1) any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Contest or the Prizes awarded (collectively, “Dispute”) will be resolved individually, without resort to any form of class action; (2) any and all Disputes will be settled in an amicable discussion between the entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, entrant and Sponsor will be determined solely by arbitration in the state of New York before one JAMS arbitrator agreed upon by the parties. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) any and all claims, judgments, and awards to entrant will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
ENTRANTS PERSONAL INFORMATION & PRIVACY POLICY: In addition to the information supplied at point of entry, each Prize Winner will also be required to provide the following information to be eligible for the Prize: full name, complete mailing address, and telephone number, including area code (“Personal Information”). All requested Personal Information must be provided in accordance with these Official Rules.
All Personal Information collected by Sponsor will be used for administration of the Contest. In addition, entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy located at https://stillaustin.securetree.com/terms-and-privacy/. Sponsor uses reasonable commercial efforts to comply with Federal SPAM guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.
WINNERS LIST REQUEST: For the name of the Grand Prize Winners send a self-addressed-stamped envelope, no later than December 31, 2023 to: “Still Austin Ultimate Tailgate Contest Winner’s List”, PO Box 458, Newark, NY, 14513.