“The Dark ‘n Stormy® Day at the Ballpark Giveaway” (the “Sweepstakes”) Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING.
DATES OF SWEEPSTAKES: The Sweepstakes begins on May 17, 2021 at 12:01 a.m. and ends at 11:59 p.m. ET on May 31, 2021 (the “Sweepstakes Period”). For purposes of these Official Rules, all times will be given in Eastern Time (“ET”).
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States who are twenty-one (21) years of age or older at the time of entry (the “Entrant”). Retailers, wholesalers, and importers of alcoholic beverages (including their family members, agents, and employees), as well as any other licensees of alcoholic beverages (including their family members, agents, and employees) are not eligible to enter or win this Sweepstakes. Officers, directors, managers, and employees of Gosling-Castle Partners (the “Sponsor”), the MLB Entities (defined below), and each of their respective parents, subsidiaries, affiliates, and related companies, dealers, advertising, and promotion agencies, consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person and any others engaged in the development, production, execution, or distribution of this Sweepstakes, are not eligible to participate. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. Sweepstakes is subject to all federal, state, and local laws and regulations. Sweepstakes is void anywhere outside of the US, and where prohibited by law. Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. Persons who have previously won a contest, sweepstakes, or promotion of any kind sponsored or otherwise associated with Sponsor within the thirty (30) calendar days immediately preceding the start of this Sweepstakes are ineligible to participate or win a Prize (as defined below).
TO ENTER:
During the Sweepstakes Period, visit https://www.goslingsrum.com/ballpark-giveaway/ and enter your email address, first name, last name, city and state of residence, and date of birth into the online lead capture form.
There is a limit of one (1) Entry per person for the entire Sweepstakes Period. Duplicate entries will be discarded.
WINNING/ODDS: On or about June 1, 2021 one (1) potential grand prize winner will be selected in a random drawing conducted from among all eligible Entries received during the Sweepstakes Period. Odds of winning the Grand Prize (defined below) are dependent upon the total number of eligible Entries received during the Sweepstakes Period. Subject to verification with these Official Rules, the potential grand prize winner will be hereafter referred to as the “Grand Prize Winner” or “Prize Winner”). The random drawing will be conducted under the supervision of a Sponsor representative whose decision is based upon his sole discretion and his interpretation of these Official Rules and are final and binding in all respects.
PRIZES/PRIZE CONDITIONS:
Grand Prize: The Grand Prize Winner will receive four (4) premium level game tickets for winner and three (3) guests and dinner for four (4) at the Dell Technologies Club Restaurant (up to $300 restaurant spend, plus applicable taxes and gratuities) for the Boston Red Sox v. Houston Astros game at Fenway Park on June 9, 2021 (the “Grand Prize” or “Prize”).
Approximate Retail Value: $1,155
TRAVEL AND LODGING NOT INCLUDED AS PART OF PRIZE. Any expenses related to the Grand Prize including without limitation, any federal, state, or local taxes, fees, gratuities and personal expenses, are the sole responsibility of the Grand Prize Winner. The Grand Prize consists of only the items specifically listed as the Grand Prize. No alcoholic beverages are included as any part of the prize. No parking, transportation or additional food costs beyond dinner at the Dell Technologies Club Restaurant will be covered by the Sponsor. Depictions of any part of the Grand Prize package in any advertising or promotional materials may not reflect the actual prize awarded to the Grand Prize Winner.
Grand Prize is only valid for the game day of June 9, 2021. Tickets to the ballpark for another date may not be substituted, unless at the sole discretion of the sponsor. The value of the Grand Prize may be taxable as income and Grand Prize Winner is solely responsible for any taxes, including but not limited to all applicable federal, state, and local taxes that become due with respect to the value of the Grand Prize. All other expenses not specifically mentioned herein as part of the Grand Prize, are the sole responsibility of the Grand Prize Winner.
Any prize details not specified above will be determined by Sponsor, in its sole discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. No substitution or cash redemption of Prize. Sponsor reserves the right to substitute the Prize with a prize of comparable or greater value if Prize should become unavailable for any reason. Prize is not transferable prior to awarding. Grand Prize Winner is responsible for all federal, state and local taxes arising from receipt, possession, acceptance or use of the Prize if applicable. No more than the number of prizes set forth in these Official Rules will be awarded. Name of Prize manufacturers/trademark owners are used solely for the purposes of identification of the Prize. No endorsement, authorization, sponsorship, or approval of Prize manufacturers/trademark owners is intended or implied by such use.
Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the other MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture and may invalidate the license granted by the game/event/exhibition ticket.
PRIZE NOTIFICATION/CLAIMS:
GRAND PRIZE WINNER: The potential Grand Prize winner will be notified via email by a Sponsor representative on or about June 1, 2021 after the potential winner is selected (the “Notification”). In order to receive his/her Grand Prize, potential winner must respond to the Notification within the date and time indicated within the Notification. In the event that the potential winner does not respond within the date and time indicated within the Notification, a second Notification will be sent to the potential winner, giving the potential winner an additional time frame (to be indicated in the second Notification) to respond. In addition to the information above, potential winner will be required to complete an affidavit of eligibility/liability/publicity release (the “Release”) and IRS Form W-9 as defined in order to claim his/her Grand Prize (the “Required Documents”).The value of the Prize may be taxable as income and Prize Winner is solely responsible for any taxes on the Prize, including, but not limited to all applicable federal, state, and local taxes that become due with respect to the value of the Prize. Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the potential winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Prize, such potential winner will be disqualified and another potential winner selected as outlined above. Valid social security numbers will be determined by IRS requirements. The Sponsor (or a party acting on its behalf) must report the value of the Prize to the IRS in the year the Prize is received by the Prize Winner and will be reported to the Prize Winner and the IRS in the form of a Form 1099. In the event that: (a) the potential winner fails to respond to the second Notification; (b) a potential winner fails to supply the Required Documents (defined below); (c) any Notification is returned as undeliverable; and/or (d) it is determined by the Sponsor, in its sole discretion, that a potential winner is not eligible in accordance with these Official Rules, such potential winner will be disqualified and an alternate potential winner will be selected at random from among all remaining non-winning eligible Entries received either during the Sweepstakes Period and notified as outlined above.
Except where prohibited by law, Prize Winner’s consent (and agree to sign any additional documents required by Sponsor to formalize, effect or perfect such consent) to Sponsor’s and MLB’s use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade without compensation, notice or approval; and, Prize Winner’s disclaim any ownership rights of such advertising/publicity/trade material (TN residents are not required to sign a publicity release as a condition of winning a prize).
GENERAL CONDITIONS: Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor and MLB reserve the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Sponsor and MLB reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false Entry.ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
RELEASE: By participating in this Sweepstakes, Entrants agree to release and hold harmless Sponsor, MLB Entities, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, including the Independent Administrator, consultants and legal advisors (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt, redemption or use of any Prize.
By accepting a Prize, where permitted by law, the winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. By participating, winner and nay travel companions release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this activity or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize.
COVID-19: A respiratory virus, called Covid19, has been identified as the cause of an outbreak of respiratory illness that began in December 2019 in the city of Wuhan, Hubei Province, China. Additional cases have been identified in other countries. The Winner can find updated information on the Center for Disease Control’s website. If you develop symptoms after attending, see a doctor right away and advise the event managers. All guests shall further acknowledge and agree that they are fully aware of the contagious nature and effects of COVID-19 and voluntarily assume that risk and responsibility and further agree that they will release, indemnify and hold harmless the Released Parties against any claims and/or damages whatsoever, including legal fees relating to any infection, transmission, health condition influenced or otherwise impacted or complication by COVID-19.
COMPLIANCE WITH GOVERNMENT ENTITIES: The Sponsor its affiliates, and parent as well as all prize venues or providers and/or related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of any agreement entitling the winner to assert any claim for liability, compensation or refund.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (i) unauthorized human intervention in any part of the entry process or the Sweepstakes; (ii) electronic or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (iii) any injury, damage or loss (including death) to persons or property of any kind, which may be caused, directly or indirectly, in whole or in part, directly or indirectly from Entrant’s participation in the Sweepstakes or from the receipt, use or misuse of any Prize; (iv) any printing or typographical errors in any Sweepstakes-related materials; (v) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable Entries; or (vi) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software.
DISPUTES: Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or the Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an Entrants rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
PERSONAL INFORMATION: Information collected from Entrants is subject to Sponsor’s privacy policies, located at http://www.goslingsrum.com/privacy.asp.
WINNER’S LIST/RULES REQUEST: For the name of the Prize Winner, or a copy of these Official Rules, please submit a self-addressed, stamped envelope to be received no later than August 1, 2021 to “The Dark ‘n Stormy® Day at the Ballpark Giveaway” (please specify “Winners List” or “Rules Request”), Gosling-Castle Partners, 510 5th Ave, Office # 323, 3rd Floor, New York, NY, 10036. A copy of these Official Rules may also be obtained at the https://www.goslingsrum.com/ballpark-giveaway-rules/ any time during the Sweepstakes Period.
SPONSOR: Gosling-Castle Partners, 510 5th Ave, Office # 323, 3rd Floor, New York, NY, 10036
This Sweepstakes shall not be published without permission of the Sponsor.
“This Sweepstakes is in no way sponsored, administered, or produced by any of the MLB Entities. Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.