Flying Embers Aspen Trip Giveaway OFFICIAL RULES
Flying Embers Aspen Trip Giveaway OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 21 YEARS OF AGE OR OLDER AND OF THE LEGAL DRINKING AGE AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
- ELIGIBILITY: The Flying Embers Aspen Trip Sweepstakes (the “Sweepstakes”) is sponsored by Fermented Sciences II, Inc. d/b/a Flying Embers ( “Sponsor”). The Sweepstakes is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 21 years of age or older and of the legal drinking age in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of Sponsor or its parent companies, subsidiaries, affiliates or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
- HOW TO ENTER: The entry period for the Sweepstakes begins at 12pm Pacific Time (PT) on January 17, 2023 and continues through 11:59p.m. ET on February 18th, 2023 (the “Entry Period”). No purchase is necessary. To enter the Sweepstakes, during the Entry Period, visit the website located at https://139mlhy9am7.typeform.com/to/rOeLLeOD (the “Website”) and follow the onscreen entry instructions. Each entrant will be required to fill out an online entry form (which will require the entrant to submit his or her email address, phone number and such other information as Sponsor may require). Completing and submitting an entry form during the Entry Period constitutes acknowledgement of and consent to these Official Rules. You must be following Flying Embers on Instagram to win. You may tag friends on Sweepstakes Instagram post for additional entries. There is a limit of one entry per person, regardless of the method of entry used. You must be a resident of the United States to win. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Entry times will be determined using a computer designated by Sponsor. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in their discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
- WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, 1 potential prize winner will be selected in a random drawing conducted by Sponsor or its agent from among all eligible entries received during the Entry Period. The odds of being selected as a potential winner will depend on the number of eligible entries received. Each potential winner will be notified by email and/or text (sent to the number provided by the entrant when entering) or using other contact information provided by the potential winner, in Sponsor’s discretion, and the potential winner must respond to Sponsor’s initial notification attempt within 12 hours. The 2 potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within three days of attempted delivery of same. Verification of the potential winner’s eligibility may also include, without limitation, a background investigation. Each entrant consents to the conduct of a background investigation (which may include a review of criminal records) on the entrant and agrees to supply any authorizations or permissions deemed necessary by Sponsor in connection with any such investigation. The potential winner may also, in Sponsor’s discretion, be required to have the guest who will accompany the potential winner on the trip that constitutes the VIP ticket giveaway prize (as described in Section 4) complete, sign and return to Sponsor a Release of Liability and, if legally permissible, a Publicity Release (“Guest Release”), within three days of attempted delivery of same. If the potential winner cannot be reached or does not respond within three days of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9, or if Sponsor conducts a background investigation on the potential winner and determines in its sole discretion that awarding a prize to the potential winner, publicizing any facts or details about the potential winner or an association of the potential winner with either Sponsor or the Sweepstakes might reflect negatively on Sponsor and/or its products or services or the Sweepstakes, or fails to cause the guest who will accompany the potential winner on the trip that constitutes the prize complete, sign and return to Sponsor any required Guest Release within three days of attempted delivery of same or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
PRIZE: One trip prize will be offered on the dates of March 6th – March 9th 2023. This will include roundtrip airfare for 2 to Aspen, CO with two flight credits up to $600 per person and 3-night/4-day hotel accommodations. Prize will also include Lift Tickets (3 days), VIP table at The Snow Lodge, access to the Flying Embers Full Moon Party on March 7th, and gear provided by Anon. The approximate retail value (“ARV”) of each prize is $3,000 USD. The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. Tickets awarded as part of the prize may not be resold, offered for resale refunded or exchanged for cash value or substitute tickets. Event dates and times are determined in the sole discretion of the event organizer, commissioner, governing league and/or club team, as applicable, and may be subject to change. If the winner is not available to attend the event on the date specified by Sponsor, Sponsor will have the right in their discretion to deem the prize forfeited and to select an alternate winner. The winner and guest(s) will be bound by and must comply with all applicable venue, club, team and/or league regulations (as applicable) in connection with attendance at the event. The winner’s guest must be 21 years of age or older and of the legal age of majority in the jurisdiction in which the guest resides, unless the winner is the parent or legal guardian of the guest. Sponsor is not responsible for any cancellation or postponement of any prize-related activity. In the event of cancellation or postponement of any prize-related activity, Sponsor will provide a substitute prize or prizes of equal monetary value or greater. In the event the winner and/or guest engages in behavior during any prize-related activity (including without limitation travel) that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner or guest to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor, or that otherwise violates these Official Rules, Sponsor reserves the right to remove the winner and/or guest from the applicable prize-related activity, deny the winner and/or guest attendance to any other prize-related activities and/or disqualify the winner from the Sweepstakes and require the winner to forfeit any and/or all prize components, with no further obligation or compensation whatsoever to the winner and/or guest and no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct.
The aggregate ARV of each prize is $3,000 USD. The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. Restrictions may apply. The prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. Use of gift cards is subject to issuer’s terms and conditions. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
- GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
- RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that 4 the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of the Website, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of the Website or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.
- GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on the Website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A 5 VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in their sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the email address associated with the entry in question. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
- DISPUTES: By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Sweepstakes 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
- USE OF INFORMATION: By entering the Sweepstakes, each entrant agrees that information submitted via the Website in connection with the Sweepstakes will be subject to Flying Embers’ Privacy Notice available at: https://www.flyingembers.com/policies/terms-of-service (the “Terms of Service”) and may be used as permitted pursuant to the Terms of Service, and may also be used as determined by Sponsor and Participating Sponsor(s) in connection with the administration of the Sweepstakes (including notification of winners and provision of lists of winners when requested), and for purposes of providing products, services and information (e.g., newsletters) to the entrant.
- WINNER’S NAME AND RULES REQUESTS: For the names of the winners, available after February 20th, 2023, or a copy of these Official Rules, send a self-addressed, stamped envelope to Flying Embers Malibu Cook Off Sweepstakes, 3200 Golf Course Drive, Ventura, CA 93003. Winner’s name requests must be received by Sponsor within six months after the conclusion of the Entry Period.
SPONSOR: Fermented Sciences II, Inc. d/b/a Flying Embers.
PARTICIPATING SPONSOR(S): The Burton Corporation, dba Anon