DO NOT ENTER THIS PROMOTION IF YOU ARE NOT 21 OR OLDER AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN NEW YORK, NEW JERSEY OR CONNETICUT. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. THIS PROMOTION WILL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE FEDERAL AND STATE LAW.
ESPN New York and Maker's Mark Lunch with a Legend Sweepstake's
1. NO PURCHASE NECESSARY. Making a purchase will not improve your chances of winning. The ESPN New York and Maker's Mark Lunch with a Legend Sweepstake's ("sweepstakes") is sponsored by ESPN New York (WEPN-FM) New York FM Radio and Jim Beam Brands Co. ("Sponsors"). The Sweepstakes consists of a random-drawing (the "Sweepstakes"). Entry into the Sweepstakes begins 12:00:01 a.m. Eastern Time ("ET") on November 12 and ends 11:59:59 p.m. ET on December 2, 2012 ("Contest Period"). All eligible members of the general public may enter the Sweepstake's by following the entry instructions in these Official Rules.
If you meet the eligibility requirements set forth in Rule 2, below, you may enter the Sweepstakes by mail-in entry or by SMS Text entry, as described in Rule 3, below.
The computer clock of Sponsor's webmaster is the official timekeeping device of this Promotion. Sponsor's decisions will be final, binding and non-appealable in all matters relating to this Promotion.
2. Eligibility: The Contest is open to legal residents of New York, New Jersey and Connecticut who are 21 years of age or older at the time of entry. Employees, directors, officers and agents of Sponsors, their parent, affiliate, and subsidiary companies, their advertising and promotion agencies, any alcoholic beverage industry wholesalers, distributors, or licensed retailers, and members of the immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. This Promotion is void outside of New York, New Jersey, Connecticut and where prohibited by law.
3. How to Enter the Sweepstakes:
To Enter by Mail: Legibly handprint your full name, address, city, state, zip code, and day and evening phone numbers (including area code(s)), date of birth, and e-mail address (if you have one) on a 3" x 5" card or paper and mail your entry in a standard, #10 business-size envelope to: ESPN and Maker's Mark Lunch with a Legend Sweepstakes at 2 Penn Plaza, 17 Floor, New York, NY 10121. All mail-in entries and responses must be received by December 2, 2012. No mechanically reproduced, facsimile or computer-generated entries allowed.
To Enter by SMS Text: Please note the following: Entrant must have a text messaging, two-way capable phone or wireless device, and digital and SMS service, in order to enter the Contest via this entry method. Entrant may incur standard text- messaging fees and data charges for SMS text messages that are sent from or received by entrant's cell phone or wireless device according to the terms of entrant's rate plan. Text messaging service may not be available in all areas.
Entry via this method is a multi-step process as follows: (A) Beginning 12:00:01 a.m. ET on November 12, 2012, use your cell phone or wireless device to send "Legend" as an SMS text message to the SMS short code 44202; (B) Upon Sponsor's receipt of the SMS text entry, Sponsor will send an SMS text message to the cell phone number used to submit the entry to verify entrant's date of birth; (C) Entrant must respond by sending Sponsor an SMS text message with entrant's confirmation that entrant is 21 years of age or older by responding with "Y" for yes or "N" for no, at this point, your SMS text entry will be made record of and entered into the sweepstakes. However, receipt of a confirmation SMS text message does not mean that entrant has been determined to meet the eligibility requirements of the Contest. All SMS text entries must be completed, as defined herein, by 11:59:59 p.m. ET on December 2, 2012. SMS text entries will be deemed made by the primary account holder of the account associated with the phone used to enter, based on the applicable phone company's records. Network service for transmission of text messages may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, system capacity limitations or other reasons beyond Sponsor's control. Sponsor is not responsible for message delivery or timeliness of messages, or for availability of messaging services at any time.
4. Entry Errors/Tampering: Sponsors reserves the right to void all entries made through any third-party or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a service or entry method, as applicable. Sponsors are not responsible for: (i) electronic, wireless or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, SMS text or telephone transmissions; (v) damage to entrant's or any person's computer, cell phone or wireless device or their respective contents; (vi) causes beyond Sponsors' reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of the Sweepstakes or Contest; (vii) any entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes or Contest; (ix) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes or Contest, or in the announcement of prizes or prize winners; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant.
All incomplete or non-conforming entries will be disqualified. All entries become Sponsor's property and will not be returned.
If for any reason the Promotion cannot be executed as planned, including but not limited to any printing, administrative, or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Promotion. If the Contest is terminated before the original end date, Sponsor reserves the right to select the Sweepstakes prize winners from among all eligible non-suspect entries received through the three entry methods combined as of the date/time of termination.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Further Contest Entry Conditions: Limit one (1) entry per person/household regardless of method of entry. If more than one (1) entry is received per person or household, by any means including, but not limited to, establishing multiple cell phone numbers, all such entries, and the person/household that submitted them, will be disqualified. Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor. By entering, entrants acknowledge their compliance with and agreement to be bound by these Official Rules and the Sponsor's decisions. All entries become the property of Sponsors and will not be returned.
6. Sweepstakes drawing: The drawing will be conducted on or about December 3, 2012 by Sponsor or Sponsor's agent. Odds of winning a prize will depend on the total number of eligible entries received, as described in Rule 6. Potential winners will be notified by phone, mail or e-mail by or about June 18th 2012. Prize winners may also be posted, at Sponsor's discretion, on the Promotions website, following verification of winners, and may be announced by news release. Winning any prize in the Promotion is contingent upon fulfilling all applicable requirements of these Official Rules.
8. Sweepstakes Prize:
One (1) Grand Prize will be awarded, consisting of the following:
(A) Two (2) V.I.P. Seats at ESPN New York's next Lunch with A Legend Event with Bob Knight on December 4, 2012 at the New York Athletic Club, at the sole discretion of Sponsor.
The Approximate Retail Value ("ARV") of the Grand Prize is $400.00. If a winner is unable to participate in the Lunch Prize on the dates specified, s/he shall forfeit the prize in its entirety and an alternate winner will be selected, time permitting, in a random drawing from among the remaining eligible entries received. By entering the Sweepstakes and accepting the prize, the winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any promotion-related or prize-related activities.
9. Verification/Prize Claim: Winners and guests must provide positive identification to be specified by Sponsor to claim a prize.
10. Limitations on Liability: By entering, each entrant agrees to abide by the terms of these Official Rules and by the decisions of the Sponsors, and agrees to indemnify, release, defend and hold harmless the Sponsors, their parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the "Released Parties"), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy or merchandise delivery arising from or in connection with participation in the Promotion or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her) or his/her participation in prize-related activities (if applicable).
By accepting a prize, the winner agrees and acknowledges that Sponsors 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 such prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
11. Consent to Publicity: By accepting a prize, the winner further consents to Sponsors' use of his/her name, voice, statements and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice, unless prohibited by law.
12. General Prize Condition: Winning any prize in this Promotion is contingent upon fulfilling all applicable requirements of these Official Rules.
13. Disputes/Venue/Governing Law: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion, but in no event attorneys' fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants' rights and obligations, or the rights and obligations of the Sponsors in connection with the Promotion, 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 (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York.
14. Winners List: For a list of winners, send a self-addressed, stamped envelope to ESPN's Lunch With A Legend Maker's Mark Sweepstakes, WEPN-FM, 2 Penn Plaza, 17th fl, New York, NY 10121 within 60 days after contest end date.
15. Sponsors: ESPN New York (WEPN-FM) and Jim Beam Brands Co., 510 Lake Cook Road, Deerfield, IL 60015 Maker's Mark® Bourbon Whisky 45% Alc./Vol. © 2012 Maker's Mark Distillery, Inc. Loretto, KY.