Alltech’s Beverage Division, LLC (doing business as Lexington Distilling Company) Official Rules and Terms of Use and Privacy Policy

DISTILLER FOR A DAY” CONTEST, OFFICIAL RULES

VOID WHERE PROHIBITED BY LAW OR REGULATIONS. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.

SPONSOR: Distiller for a Day Contest (the “Contest”) is sponsored by Alltech’s Beverage Division, LLC doing business as Lexington Distilling Company., 3031 Catnip Hill Road, Nicholasville, Kentucky 40356 (“Sponsor”). This Contest is administered by Community Edge Business Solutions, 3107 Iris Way Louisville Kentucky  40220

AGREEMENT TO OFFICIAL RULES:  Participation in the Contest (“Entry”)  constitutes Entrant’s full and unconditional agreement to and acceptance of:  a) the Official Rules, b) Alltech’s Privacy Policy, and c) the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Contest is subject to federal, state, and local laws and regulations, including taxes and is void where prohibited by law. These Official Rules are located at kentuckyale.com/officialrules.  The collection and use of personal information for the Contest will be governed by Alltech’s Privacy Policy, located at http://one.alltech.com/app-privacy-policy.

ELIGIBILITY REQUIREMENTS:  This Contest is open to adults who are at least twenty-one (21) years old at the time of entry. Employees of Alltech, Inc. or affiliated companies, or employees of Alltech, Inc.’s marketing or advertising company, residents at the same address as any such employee or dependents of any such employee are not eligible to enter and receive a prize.

ENTRY PERIODS:  The “Contest Period” is  August 24, 2018 to October 6, 2018.

HOW TO ENTER: Entrants must either text TOWNBRANCHMASTER  to 72727 or scan the QR code on social media, in-store posters and on- and off-premise points of sale with a mobile device.  Additional information about Entrant will be requested after initial Entry. Sponsor is not responsible if Entrant’s information is lost, intercepted or misused by others.  Entrants may be charged data rates according to the terms and conditions of their service agreement with their wireless carrier.  Each wireless carrier’s rate plan may vary, and entrants should contact their wireless carrier for information on rate plans and charges relating to participation in this Contest if they have a question. Participation in the Contest constitutes each Entrant’s express written consent to contacting Entrant in the event  Entrant is a winner of a prize. Mobile and wireless service is available on an “as is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other service changes made by the Entrant’s wireless carrier.

REPRESENTATIONS AND WARRANTIES OF ENTRANT: By participating in the Contest, each Entrant warrants and represents that he or she is at least 21 years old at the time of entry and is not an employee of Alltech, Inc. or its affiliates, a relative of an Alltech, Inc. employee and does not work for it’s marketing or advertising company(s).

LICENSE. By entering each Entrant: (i) grants to the Sponsor, a perpetual, world-wide,  irrevocable, assignable, fully-paid, royalty-free, sub-licensable and transferable, non-exclusive license to publish, display, comment on, exhibit, reproduce, modify, edit or otherwise use the content, in whole or in part, for advertising or promoting the Contest including Entrant’s name or for any other reason; (ii) waives any and all moral rights in and to his/her content with respect to any use by the Sponsor.

Prize:  Win a trip to Lexington, Kentucky, and be the Master Distiller for a Day.  This includes airfare for two from anywhere in the lower 48 states, hotel for two nights in Lexington, VIP tour of Town Branch Distillery, behind the scenes look at Lexington Distilling Company’s distilling operation and dinner for two at a restaurant in downtown Lexington.  The approximate retail value of the prize is $3,500 and may be subject to state and/or federal taxes.

HOW TO WIN: 

Entrees will be accepted between August 25, 2018 and October 6, 2018.  A digital drawing will be held on October 8, 2018 at 2 p.m.  The winner will be notified with a phone call on or before October 12, 2018?

Only one Entry per person.

The Winner must sign and complete (except where prohibited by law) an Affidavit of Eligibility and Acceptance and Release of Liability in order to accept the prize and confirm his or her eligibility. The winner may be given the option to sign and complete a Publicity Release to use his or her name and photograph for promotional purposes without further compensation (except where prohibited by law). Federal and state laws and regulations apply. Failure to comply with any requirement shall constitute forfeiture of the prize. The Sponsor reserves the absolute right and discretion to select an alternate winner should the Winner forfeit the prize, fail to claim the prize, or be disqualified or ineligible to win. Sponsor’s decisions on eligibility and awarding of prize is final and binding.

 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, each Entrant agrees to indemnify, release and hold harmless the Sponsor, its related companies, subsidiaries, affiliates, administrator, advertising and promotional agencies, and all of their respective officers, directors, employees, contractors and agents (the “Released Parties”) from and against any liability, damage, losses, injury, or claim or cause of action arising out of the creation, administration, fulfillment, or participation in the Contest or receipt or use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, telephone or network lines, or any interrupted or unavailable network server or other connections or communications; (c) any errors, omissions, interruptions or deletions of any kind due to electronic, human, mechanical, printing, production or technical errors or other causes; (d) lost, late, misdirected, unintelligible or undeliverable entries; (e) errors in the administration of the Contest or the processing of entries; (f) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such Entrant’s participation in the Contest or receipt or use or misuse of the prize; or (g) any damage to any computer system resulting from access to or the download of information or materials connected with the Contest.  Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

By participating in the Contest, (except where prohibited by law) Entry constitutes permission to use Entrants’ names, hometowns and likenesses for online posting, and/or any advertising and publicity during the Contest or after without additional compensation.

DISCLAIMERS OF WARRANTY: Sponsor and its affiliate and subsidiary companies do not make any warranties, express or implied, as to the condition, fitness or merchantability of the prize. 

GENERAL TERMS AND CONDITIONS: The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Official Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Official Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Official Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.

The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entry with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules, or for any other reason.

 

In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.

DISPUTES:  Except where prohibited, each Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a Commonwealth of Kentucky state or federal court. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules that would result in the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.

SEVERABILITY: The unenforceability of any clause of the Official Rules will not impact the enforceability of all other provisions of the Official Rules.

OFFICIAL RULES AND CONTEST RESULTS: A copy of these Official Rules may be obtained by sending a written request to Alltech, Inc., Attn: Alltech Distiller for a Day Contest, 3031 Catnip Hill Road, Nicholasville, Kentucky 40356 at any time throughout the Contest.  A list of winners may be obtained by sending a written request to Alltech, Inc., Attn: Alltech Distiller for a Day Contest, 3031 Catnip Hill Road, Nicholasville, Kentucky 40356.

Terms of Use for the Official Application for

1. Terms

Alltech’s Beverage Division, LLC (“Sponsor”) provides the Contest subject to your compliance with all the terms, conditions, and notices contained herein (“Terms of Use”).  In addition, you are subject to Sponsor’s privacy policy, terms and conditions, or contest rules.  All such guidelines or rules are incorporated by reference into these Terms of Use.

By entering, you acknowledge that you are eighteen (18) years of age or older, and you agree  to be bound by these Terms of Use and Alltech, Inc.’s Privacy Policy, located at http://www.alltech.com/privacy-policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Your remedy for your dissatisfaction with the Contest rules is to cease entering the Contest. 

The materials contained in the Contest are protected by applicable copyright and trademark law. © 2018 Alltech All Rights Reserved.

2. Alltech’s Beverage Division, LLC Distiller for a Day Contest

in addition to the Terms of Use, you agree to be bound by the Official Rules of the Contest located at  kentuckyale.com/officialrules

3. License

Permission is granted to temporarily download one copy of the materials (information or software) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on the webpage;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sponsor at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

4. Disclaimer

The information and materials are provided "as is" for general informational and educational purposes. Sponsor and its affiliated companies make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

In addition, you may be charged data rates according to the terms and conditions of your service agreement with your wireless carrier. Wireless carrier rate plans may vary, and you should contact your wireless carrier for information on rate plans and charges relating to use of your service. Mobile and wireless service for entry is available on an “as is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other service changes made by your wireless carrier.

5. Release and Limitations

You agree to indemnify, release and hold harmless Sponsor, its affiliated, administrator, advertising and promotional agencies, and all of their respective officers, directors, employees, contractors and agents (the “Released Parties”) from and against any liability, damage, losses, injury, or claim or cause of action arising out of your entry of the Contest, including, but not limited to: (a) unauthorized human intervention (b) technical errors related to computers, servers, providers, telephone or network lines, or any interrupted or unavailable network server or other connections or communications; (c) any errors, omissions, interruptions or deletions of any kind due to electronic, human, mechanical, printing, production or technical errors or other causes; (d) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your or use or misuse of the Contest or (e) any damage to any mobile devise or computer resulting from access to or the download of information or materials connected with the Contest. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

6. Site Terms of Use Modifications

Sponsor and its affiliated companies reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and to be aware of any modifications.

7. Governing Law

Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action, and exclusively by a Commonwealth of Kentucky state or federal court. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms of Use, your rights and obligations, or the rights and obligations of Sponsor and its affiliated companies in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules that would result in the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.

8. Severability.

The unenforceability of any clause of the Terms of Use will not impact the enforceability of all other provisions of the Terms of Use.

9. Privacy Policy

The collection and use of personal information in this Contest will be governed by Alltech’s Privacy Policy, located at http://www.alltech.com/privacy-policy.

VOID WHERE PROHIBITED

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