VOID WHERE PROHIBITED. NO PURCHASE, PAYMENT OR CONTRIBUTION NECESSARY. A PURCHASE, CONTRIBUTION, DONATION, OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE DRAWING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL
- Eligibility: The Drawing is only open to legal residents of the United States who are 21 years of age or older and is void where prohibited by law. All contributions made in this Drawing and described in Section 4 below are made to Kids & Clays Foundation (“Sponsor”). This organization is a non-profit organization described in Section 501(c)(3) of the Internal Revenue Code. Employees of Kids & Clays Foundation, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members of Employees (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside) and/or those living in the same household of Employees (whether or not related thereto) are not eligible to participate in or win the Drawing. The Drawing is subject to all applicable federal, state, and local laws and regulations. The Drawing is void in the following states and also is void where prohibited: Alabama, New York, Ohio, Oregon, and Utah.
2. Agreement to Rules: By participating in this Drawing, the Entrant (“You”) agree to be fully zand unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Kids & Clays Foundation as final and binding as it relates to this Drawing.
3. Drawing Period: Entries will be accepted online starting on August 19, 2023 at 6 p.m. Eastern Standard Time (“EST”) and ending November 5, at 6:00 p.m. EST. The Winner will be selected as described herein in Section 7 below on Sunday, November 5, 2023. The Sponsor’s database computer is the official time-keeping device for the Drawing.
4. How to Enter: Participants may enter either by the Contribution Method or by the Free Entry Method, as described herein:
(a) Contribution Method: To enter by contributing money to Sponsor, You must make a contribution by going to www.winkle.givesmart.com and making a contribution to the Kids & Clays Foundation by November 5, 2023 at 6:00 p.m. EST. You must also provide Your first name, last name, date of birth, and email address. Sponsor suggests contributing $100 or more, but a contribution of any amount will result in one entry into the Drawing. You may enter as many times as you wish. Entries via the Contribution Method must be made online at www.winkle.givesmart.com by November 5, 2023 at 6:00 p.m. EST to qualify for entry. Entering via the contribution method will not increase Your chances of winning the prize.
(b) Free Entry Method: To enter via the Free Entry Method, You must submit an entry by sending a letter to Kids & Clays Foundation, P.O. Box 8833, Michigan City IN 46361 and providing your first name, last name, date of birth, and email address. Entries must be received by Wednesday November 1, 2023, at 6:00 pm EST.
For either entry method, the entry must fulfill all Drawing requirements as specified herein to be eligible to win a prize. Entries that are incomplete or do not adhere to these Official Rules or specifications may be disqualified at the sole discretion of Sponsor. Proof of contribution or online entry will not be deemed to be proof of receipt of entry by Sponsor. If You use fraudulent methods or otherwise attempt to circumvent the rules, Your submission may be removed from eligibility at the sole discretion of Sponsor.
5. Prizes: There will be one (1) prize winner of the flight of Pappy Van Winkle Bourbon consisting of five bottles to one Prize Winner. Each Prize Winner will be awarded a bottle of Pappy Van Winkle Bourbon and Rye. The flight of Pappy Van Winkle Bourbon and the Approximate Retail Value (“ARV”) of each bottle is as follows:
Any difference between the actual retail value of a prize and the ARV will not be awarded. The actual retail value may vary depending on fare fluctuations and other variables and does not necessarily reflect the fair market value. No substitution, assignment or transfer of any prizes are permitted, except by Sponsor, who reserves the right to substitute the prizes with another of comparable or greater value. The prize will be delivered by courier or by Kids & Clays Foundation staff.
The potential Winner must sign and return to the Sponsor, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to the potential Winner will require that the Winners to provide their Social Security Numbers to the Sponsor, which will be used solely for tax reporting purposes. Actual or appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Sponsor. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. 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 Winners. Acceptance of the prize(s) constitutes permission for Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: The Winner will each be selected by a random drawing under the supervision of Sponsor on November 5, 2023. The Winner will be notified by email within five (5) days following selection of the winner. Sponsor shall have no liability for any Winner failure to receive notices due to spam, junk e-mail or other security settings or for any Winner provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time award notification was sent, or fails to timely return a completed and executed release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Drawing is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE DRAWING, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Taxes: The Winner must note that the value of the accepted prize is taxable as income and that an IRS Form 1099 will be filed in the name of the Winner for the value of the prize. Any Prize with fair market value equal to or greater than $600 are taxable income to the Winner and must be reported to the IRS via IRS Form 1099.The Winner is solely responsible for all matters relating to their prizes after they are awarded. The value of each prize is includible in the Winner’s income. Sponsor is required to report the actual value of the prizes to the Internal Revenue Service. The Winner agrees to provide their valid names, addresses, and Social Security numbers to Sponsor for tax reporting purposes. THE WINNER IS RESPONSIBLE FOR PAYING ALL FEDERAL, STATE, AND LOCAL INCOME AND OTHER APPLICABLE TAXES THAT ARE DUE IN CONNECTION WITH RECEIPT OF THE PRIZE.
9. Rights Granted by You: By entering this Drawing, You understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, Your entry, name, portrait, picture, voice, likeness, image, statements about the Drawing, and biographical information for news, publicity, information, trade, advertising, public relations, and/or promotional purposes without any further compensation, notice, review, or consent. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, amend, modify or suspend the Drawing should a virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Drawing. In such case, Sponsor may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Drawing or website or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Drawing, 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 Drawing rules, or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Drawing may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering, You agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, vendors, successors, assigns, employees, officers, and directors (“Released Parties”) 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 Drawing 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 malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human intervention in any part of the entry process or the Drawing; (v) electronic or human error in the administration of the Drawing or the processing of entries. The Winners agree that the Released Parties shall not be liable for any loss or injury resulting from participation in the Drawing, or the acceptance, use of any prize, or participation in any event associated with or comprising a part of the prize, including any r to and from New Orleans, Louisiana, San Diego, California, Tampa, Florida, Washington, DC, or any other destination related to the prize, including to and from the airport, or to and from any event related to any prizes, and any and all events and travel related to the prizes.
12. Alcohol Release of Liability: By entering, You agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, vendors, successors, assigns, employees, officers, and directors (“Released Parties”) from any damages to Yourself or third parties that result from the consumption of the Prize(s), which contain alcohol, by Yourself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. By entering, You agree that You are solely responsible for any and all damages suffered by Yourself or that You may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. By entering, You further agree that You are solely responsible for any and all damages suffered by Yourself or third parties as a result of
providing the Prize(s), which contain alcohol, to others to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. By entering, You acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21) and agree not to provide anyone under the age of twenty-one (21) with alcohol. By entering, you further agree that should anyone under the age of twenty-one (21) consume the Prize(s), which containing alcohol, that You are solely responsible for the safety and well-being of that individual and further that You are solely responsible and liable for any damages that result from someone under the age of twenty-one (21) consuming the Prize(s) containing alcohol to include, but not limited to, property damage, personal injury, death, or disfigurement to themselves, as well as property damage, personal injury, death, disfigurement, or loss of consortium to third parties.
13. Disputes: THIS DRAWING IS GOVERNED BY THE LAWS OF UNITED STATES, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Drawing, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Drawing, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Indianapolis, Indiana having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Drawing). You further waive all rights to have damages multiplied or increased.
14. Privacy and Privacy Policy: You consent that any personal information (i.e. contact information, payment information, address, phone number, email address, etc.) provided may be collected and used in connection with administering the Drawing, including, but not limited to, contacting and announcing the Winner.
15. Winners List: To obtain a copy of the Winner’s name visit www.kidsandclays.com after November 6, 2023.
16. Sponsor: The Sponsor of the Drawing is Kids & Clays Foundation, P.O. Box 8833, Michigan City, IN 46361.
17. Bound By These Rules: You, as entrant, agree that, by submitting an entry, You will be bound by these Official Rules and You have affirmatively reviewed, accepted, and agreed to all of the Official Rules and other conditions.
