Backcountry Adventure Sweepstakes

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, Florida, Hawaii, New York, North Carolina, Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.

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 TINCUP Backcountry Adventure Outdoor Retailer Sweepstakes (the “Sweepstakes”), each participant (singularly, “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.

SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 9:00:01 AM Mountain Time (“MT”) on Wednesday, January 29, 2020 and ends at 5:59:59 PM MT on Friday, January 31, 2020 (the “Sweepstakes Period”).

ELIGIBILITY: The Sweepstakes 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, Florida, Hawaii, New York, North Carolina, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law.  Employees of Proximo Spirits, Inc. (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “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. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER: During the Sweepstakes Period, visit the Sponsor at the Outdoor Retailer Snow + Show Event (the “Event”) located in the Colorado Convention Center in Denver, CO (Booth #51117-UL) and locate a TINCUP brand ambassador and take a branded ‘Tintype’ photo in the designated photo area at the Event. Entrant must follow all entry instructions to complete the entry form and submit such form as directed by Sponsor to receive one (1) entry into the Sweepstakes (singularly, “Entry,” collectively, “Entries”). Entries must be received between Wednesday, January 29, 2020 and Friday, January 31, 2020 during TINCUP Event booth hours. 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/.

Limit: There is a limit of one (1) Entry per person during the Sweepstakes Period regardless of whether an Entrant has more than one email address. All Entries become the property of the Sponsor and will not be acknowledged or returned.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS

  • Grand Prize: One (1) Grand Prize is available to be won. 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 total ARV of the Grand Prize: $6,500. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded.

Odds of winning will depend upon the total number of eligible entries received.

RANDOM DRAWING: The winner will be selected in a random drawing on or about Monday, February 3, 2020 from among all eligible Entries received during the Sweepstakes Period by the Administrator, an independent representative of the Sponsor whose decisions are final and binding in all respects. 

WINNER NOTIFICATION & VERIFICATION: The potential Grand Prize winner will be notified via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases”). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Travel companion of winner will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and an alternate winner may be selected. Trip must be taken on dates specified by Sponsor or prize will be forfeited in its entirety. The prize package will be awarded within approximately forty-five (45) days after the winner is verified.

If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. 

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 an alternate winner who will be selected in a separate random drawing. 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, in 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 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 winner’s name, image, prize won, hometown, likeness, video, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now existing or hereafter developed 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 Sweepstakes: (b) release and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring,  fulfilling, administering, advertising or promoting the Sweepstakes, 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 Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Related 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 Sweepstakes 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 Sweepstakes will be collected by Sponsor, Administrator or the Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 and Administrator are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; (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 Sweepstakes. 

By participating in the Sweepstakes, Entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. 

Sponsor reserves the right to: (i) permanently disqualify any person from any sweepstakes 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 the ability to conduct the Sweepstakes). If, for any reason, the Sweepstakes is not capable of being conducted as planned, 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 Sweepstakes. Sponsor is not responsible if the Sweepstakes 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 or acts of terrorism or where the Sweepstakes 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 Sweepstakes. 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 OR VANDALIZE THE OPERATION OF THE SWEEPSTAKES, 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 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 any other laws.

DISPUTES: By entering the Sweepstakes, 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 connection with the Sweepstakes 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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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/backcountryadventuresweepstakes or send a self-addressed, stamped envelope by February 3, 2020, to: The TINCUP Backcountry Adventure Outdoor Retailer Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after February 3, 2020), send a stamped, self-addressed envelope (no later than March 2, 2020), to: The TINCUP Backcountry Adventure Outdoor Retailer Sweepstakes 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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