Backcountry Adventure Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void outside the US, in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and wherever else prohibited by law.

TIMING: The TINCUP Backcountry Adventure Contest (the “Contest”) is presented by Proximo Spirits, Inc. (the “Sponsor”) and administered by US Sweepstakes & Fulfillment Co. (the “Administrator”). Contest begins at 12:00:01 PM Eastern Time (“ET”) on Thursday, January 23, 2020 and ends at 11:59:59 PM ET on Thursday, April 30, 2020 (the “Promotion Period”). 

SPONSOR: Proximo Spirits, Inc., 333 Washington Street, Jersey City, NJ 07302.

ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625.

By participating in the Contest, each participant (individually, “Entrant,” collectively, “Entrants”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects.

ELIGIBILITY: The Contest is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are age 21 or older at the time of entry. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)

  • Grand Prize: Four (4) Grand Prizes are available to be won. The Grand Prize is a trip for two (2) (winner and one (1) guest) to Crested Butte, CO from August 3, 2020 – to August 6, 2020. The trip package includes:
    • Round-trip, economy-class airfare for two (2) to Crested Butte, CO from a major airport within the 48 contiguous US;
    • Four (4) days / three (3) nights hotel accommodations at Crested Butte Mountain Resort;
    • One (1) day trip to climb Guides Ridge with Irwin Guides; and
    • One (1) backcountry journey to Tincup, CO with a historic town tour.

The ARV of each Grand Prize is $6,500. The total ARV of all Grand Prizes collectively is $26,000. The ARV may vary based upon dates of travel and points of departure. The difference between the ARV and actual value of each Grand Prize will not be awarded.

HOW TO ENTER THE CONTEST: During the Promotion Period, Entrant may submit a brief description and photo featuring the great outdoors and highlighting his/her ‘Partner in Adventure’ (the “Photo”). Entries must depict friendship, bonding and physical challenges in the great outdoors and must be submitted through Instagram as specified below.

ENTRY: To enter the Contest, log in to your Instagram account, follow @tincupwhiskey on Instagram, and upload and share your Photo to your public Instagram account, including the hashtags #PartnerInAdventure and #Contest, as well as @tincupwhiskey in the Photo caption (singularly, “Entry,” collectively, “Entries”). Entrant’s Instagram settings must be public. Any Photo uploaded from a “private” Instagram account will not be eligible for failing to satisfy the Entry requirements. In order to remain eligible, Entrants must also follow and continue to follow @tincupwhiskey through at least May 15, 2020 in order to be notified in the event he/she is a potential winner. By submitting an Entry, Entrants agree to Instagram’s Terms of Use. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN CONTEST (AS APPLICABLE). CURRENTLY, INSTAGRAM ONLY SUPPORTS IOS AND ANDROID SMARTPHONES. WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.  INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

Sponsor may not receive Entries from users with “protected” updates or profiles that are not public (i.e. user has set the account so that only people the user has approved can view updates). Entries not received by the Sponsor will not be entered into the Contest. Entrants are not permitted to share the same email address or Instagram/Twitter account. Although subsequent attempts to submit an Entry on a given day may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to submit an additional Entry, including Entries submitted with an alternate Instagram account or identity, will be disqualified. In the event of a dispute over the identity of an Entrant, the respective submission will be deemed submitted by the “Authorized Account Holder” of the Instagram account from which the Entry is submitted. Authorized Account Holder means the natural person to whom the Instagram account is registered. Any Entrant or potential winner may be required to show proof of being the Authorized Account Holder to Sponsor’s satisfaction. Incomplete Entries will not be accepted and are void. 

All Entries must be received between the Promotion Period. There is a limit of one (1) Entry per person per Instagram handle per day during the Promotion Period. Each Entry must include an original Photo and description. Entries submitted with a Photo and description that has already been submitted will be disqualified. 

For the avoidance of doubt, uploading a Photo to Instagram alone will NOT result in an entry into the Contest. Once an Entry is submitted, it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered or delayed Entries. No altered, incomplete or other submissions, which do not comply with these Official Rules will be accepted and are void.

Entrants are subject to all notices posted online, including but not limited to the Sponsor’s Privacy Policy, which can be found at https://proximospirits.com/privacy/

ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:

  • Photo must be taken in the great outdoors.
  • Entrant or Entrant’s partner in adventure should be the primary subject(s) of the Photo. No other individuals may appear in the Photo, without Entrant receiving express rights and clearances from such individuals to use their image and/or likeness in the Photo. 
  • Photos submitted via Instagram must include the hashtags #PartnerInAdventure and #Contest and @tincupwhiskey in the caption copy.
  • Photos must conform to the format and size requirements and limitations of Instagram. 
  • Entry and Photo cannot contain content that is irrelevant to the purpose of the Contest.
  • Once a Photo has been submitted, it cannot be modified or deleted by Entrant.
  • Each submitted Photo must be original, on which no image editing software has been used, and cannot have been submitted previously in a promotion of any kind or won any previous awards.
  • No duplicate Photos, or substantially similar Photos, as determined by the Sponsor in its sole discretion, may be submitted.
  • By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
  • Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
  • Entry and Photo cannot be violent or promote firearms/weapons.
  • Entry and Photo cannot include the consumption of alcohol or promote illegal drugs or tobacco.
  • Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
  • Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
  • Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
  • Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person (aside from Entrant), living or dead, without permission. 
  • Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Instagram wish to associate.
  • Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.
  • Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
  • Entry and Photo may not include images of a known celebrity, famous person, public figure or any image which violates the right of privacy or publicity of any person.

By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes a Photo.

By submitting an Entry, Entrant warrants and represents that: (a) Entry and Photo do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Photo; (c) Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest. 

JUDGING & WINNER DETERMINATION: The judging and winner determination period will begin on Friday, May 1, 2020 and be completed on Monday, May 11, 2020. All eligible Entries received during the Promotion Period will be judged by a panel appointed by the Sponsor, whose decisions will be final and binding in all matters relating to the Contest, and shall use the criteria set forth below:

  1. Unique and inspirational description of experience in Photo
    • The degree to which the Entry passionately describes a love for the outdoors and adventure with their ‘Partner in Adventure’. 
    • Weight: (50%)
  2. Creativity / Originality
    • The degree to which Sponsor’s theme ‘Partner in Adventure’ is displayed in the Photo and description
    • Weight: (25%)
  3. Connection to Contest Theme
    • Connection to the Sponsor’s theme of ‘Partner in Adventure’
    • Weight: (25%)

The four (4) Entries that receive the highest total score based on the judging criteria will each be deemed a potential winner. In the unlikely event of a tie, the tied Entry with the highest score in Criterion A, (unique and inspirational description) will be deemed the potential winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential winner from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed), will determine the potential winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above, whose decisions will be final and binding in all matters relating to the Contest.

WINNER NOTIFICATION & ACCEPTANCE REQUIREMENTS: Potential winners will be notified on/around Wednesday, May 13, 2020 via a private message to his/her Instagram account (the “Initial Notification”), and he/she must respond as instructed to the private message from Sponsor. To begin the prize claim process, a potential winner must respond as instructed to the Initial Notification with his/her full name, email address, and date of birth within forty-eight (48) hours of the Initial Notification. Any potential prize winner who does not reply to the Initial Notification with the required information and within the specified time period will be disqualified and an alternate winner may be notified. Within three (3) days of confirmation of the information received from a potential winner in response to Initial Notification, such potential winner will receive a second notification (the “Second Notification”) via email from the Administrator and will be required to sign and return, within five (5) days of the Second Notification, an affidavit of eligibility, a liability waiver, a W-9 form and where allowable, a publicity release (collectively, the “Releases”). Travel companion of winner will also be required to sign a Travel Companion Liability & Publicity Release.

If the potential winner does not reply to the Initial Notification and the Second Notification with the required information and within the specified time period, he/she will be disqualified and an alternate potential winner may be notified.

If any notification or prize is returned as undeliverable, or if potential winner is found to be ineligible or not in compliance with these Official Rules, he/she will be disqualified.

Non-winning Entrants will not be notified.

PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable, nor are they transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Winner and travel companion must travel on same itinerary. Winner and travel companion must have valid photo ID prior to departure. Prize must be used on dates specified or prize will be forfeited. Dates are subject to change. Travel is subject to availability and trip is only available from August 3, 2020 through August 6, 2020.

Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Crested Butte, CO such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no guest, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize.  Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or guests are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to the next highest scoring alternate winner. Winner and guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID, passport) prior to travel. Winner’s guest must be a legal U.S. resident, 21 years or older and must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above.

In the event a winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner and his/her guest home with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. 

Winners are responsible for all federal, state, local and income taxes associated with a winning prize. Grand Prize winners will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. 

Except where prohibited by law, entry and acceptance of prize constitute permission to use a winner’s name, prize won, hometown, likeness, video, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

ENTRY CONDITIONS AND RELEASE: By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s Entry, creation of an Entry or submission of an Entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related hereto) and/or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest and/or Entrant’s acceptance, use or misuse in connection with the Grand Prize. 

Any personally identifiable information collected during an Entrant’s participation in the Contest will be collected by Sponsor, Administrator or other Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Contest as described in these Official Rules.

GENERAL: Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.

No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.

Entry materials/data that have been tampered with or altered, or mass entries generated by a script, macro or use of automated devices are void. Sponsor, Administrator and Instagram, LLC are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. 

By participating in the Contest, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest in Sponsor’s sole discretion. 

Sponsor reserves the right to: (i) permanently disqualify any person from any contest it sponsors, if Sponsor believes in its sole discretion that any such person intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned because of, including, but not limited to, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather, acts of terrorism or where the Contest cannot otherwise be implemented or prizes awarded due to circumstances not reasonably within the control of Sponsor. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant at any time during the Promotion Period that may be found ineligible. 

In the event any Entrant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Entries of said person.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER, VANDALIZE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

DISPUTES: By entering this Contest, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules. Entrant’s rights and obligations, or the rights and obligations of Sponsor in collection with the Contest shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of laws principles. By participating in the Contest, Entrants’ consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.

Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

PRIVACY: Personal information collected from Entrants are subject to the Sponsor’s Privacy Policy, which can be found at  https://proximospirits.com/privacy/

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see  https://www.tincupwhiskey.com/adventure/ or send a self-addressed, stamped envelope by Wednesday, May 13, 2020, to: The TINCUP Backcountry Adventure Contest 2.0 Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after May 13, 2020), send a stamped, self-addressed envelope (no later than June 10, 2020), to: The TINCUP Backcountry Adventure Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

TINCUP® American Whiskey.  42% Alc./Vol.  (84 proof).  ©2020 TINCUP Whiskey, Denver, Colorado.  Please drink TINCUP® American Whiskey responsibly.

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TINCUP® WHISKEY. 42% ALC./VOL. (84 PROOF).
©2020 TINCUP WHISKEY, DENVER, CO. PLEASE DRINK RESPONSIBLY.