SCOTLAND TRIP SWEEPSTAKES OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. SPONSOR: The Scotland Trip Sweepstakes (“Sweepstakes”) is sponsored by the Scotch Malt Whisky Society, The Vaults, 87 Giles Street, Edinburgh, UK, EH6 BZ (the “Sponsor”).
2. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 1pm EDT on September 20, 2023 and ends at 10:00 AM GMT on October 31, 2023 (the “Sweepstakes Period”).
3. ELIGIBILITY: The Sweepstakes is open to all members of The Scotch Malt Whisky Society (“SMWS”) (as of 9/20/23 at 1pm EST who reside in the United States of America and are aged 21 or over and who are legally able to travel to Scotland between the 29th of February and the 1st of March 2024. Entry excludes employees of SMWS, and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings of their spouses), and/or those living in the same household, of each. Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
4. HOW TO ENTER: During the Sweepstakes Period, visit [enter hyperlink] and follow all entry instructions to complete the entry form and submit to receive one (1) entry into the Sweepstakes (the “Entry”). All Entries must be completed and received by 10:00AM GMT on October 31, 2023. Entry into the prize draw requires each entrant to provide their name, email address, contact number and SMWS membership number.
NOTE: Limit one (1) Entry per member regardless of whether entrant has one or more e-mail address. Entries must be received during the Sweepstakes Period to be eligible. Entries must also comply with the “Entry Requirements” described below. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addressed for the domain associated with the submitted e-mail address. Sponsor will not verify receipt of entries.
All entries become the property of the Sponsor and will not be acknowledged or returned. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found at https://smws.com/privacy.
5. ENTRY REQUIREMENTS: Ineligible entries include entries that fail to comply with these Official Rules, as well as those that contain content, in whole or in part, that is threatening, abusive, harassing, defamatory, libellous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another’s privacy, tortious, contains racial slurs, or contains explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion (“Entry Requirements”).
6. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) Grand Prize available. Odds of winning will depend upon the total number of eligible Entries received during the Sweepstakes Period. One (1) Grand Prize winner will receive a trip for two, winner and one (1) guest, to Scotland (ARV: $4,900). Prize package will include:
- two tickets to a special tasting panel to select The Gathering casks for 2024 at the Vaults in Edinburgh;
- three nights' shared accommodation in Edinburgh for winner and guest;
- visits to SMWS Vaults & Queen Street venues;
- lunch on both the 29th February & 1st March and dinner on the 29th February for the prize winner and their guest.
Prize is valid from 9am Thursday 29th February– 3pm Friday 1st March 2024 (inclusive) only.
The total ARV of the Grand Prize is: $4,900. 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, if any, will not be awarded.
7. SELECTION OF THE PRIZE WINNER: One (1) potential Grand Prize Winner will be selected in a random drawing on or about October 31, 2023 from among all eligible Entries received during the Sweepstakes Period. Sponsor reserves the right to disqualify multiple Entries associated with the same entrant.
8. WINNER NOTIFICATION & VERIFICATION: The Potential Grand Prize winner will be notified via email within 24 hours of the prize draw and will be required to sign and return, before 12:00PM ET on November 6, 2023, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 From and where allowable, and a Publicity Release (collectively, the “Releases”). These Releases will require the potential Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Guest of winner will also be required to sign a Guest Liability & Publicity Release. Trip must be taken in full, with arrival no later than 9:00AM on February 29, 2024, and departure on March 1, 2024. Prize winners may elect to extend their trip at their own expense. The prize package will be awarded within approximately 120 days after the winner is verified.
The potential Grand Prize winner may also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Sweepstakes or Sponsor, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential winner on the basis of the findings resulting from such background check or if a potential winner fails to properly authorize and/or provide the required information in connection with such background check.
NOTE: Potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.
9. DISQUALIFICATION: If a prize notification or prize is returned as undeliverable or unclaimed, or if potential winner fails to provide the Releases within the required period of time, or if winner is found to be ineligible or not in compliance with these Official Rules, Sponsor may, in its sole discretion, disqualify potential winner and select an alternate potential winner. An alternate potential winner will be selected via a random drawing from among all eligible entries received during the Sweepstakes period, if time permits. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
10. PRIZE CONDITIONS: Prize is not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Actual prize may differ from any promotional images. Prize winner is responsible for all federal, state, or local taxes associated with prize acceptance.
All travel related expenses other than those specified in Section 6 are the sole responsibility of prize winner and/or his/her guest, including but not limited to, ground transportation to and from home, airfare costs, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, luggage fees, food & beverage and personal expenses. Any person that participates in the trip that is not deemed to be a guest must pay his/her own expenses. Winner and guest must travel on same itinerary. Winner and guest must have valid photo ID, be 21+, and have any other required documentation prior to departure. Travel is subject to availability. Prize is valid from 9:00AM GMT Thursday 29th February– 3:00PM GMT Friday 1st March 2024 (inclusive) only.
The Grand Prize winner and his/her guest 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. 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 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 any prize element except at the sole and absolute discretion of Sponsor. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the prize winner’s and his/her guest’s transportation and such contracts shall be solely between the prize winner, his/her guest and such transportation companies.
11. TERMINATION/SUSPENSION/MODIFICATION OF SWEEPSTAKES: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
In the event a winner or his/her guest engages in behaviour that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole or in part, with no further obligation or compensation whatsoever to winner and/or guest.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
12. SWEEPSTAKES CONDITIONS: By participating in the Sweepstakes, entrant (i) agree to be bound by these official rules and any other documents required by the Sponsor herein , including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules or any other documents required by Sponsor herein, (iii) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Sponsor, its affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors, employees, shareholders, representatives and agents of each (the “Released Parties”), from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from (a) participation in the Sweepstakes or any Sweepstakes related activity, (b) the acceptance, possession, misuse or use of the prize, (c) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, address [city and state], biographical information, statements, voice, photograph and/or other likeness), (d) any malfunction or other problem with any Sweepstakes website or webpage, (e) any error in the collection or retention of entry information, (f) any typographical or other error in the printing, offering or announcement of any prize and (g) the use of any website associate with this sweepstake or the downloading from and/or printing material downloaded from such site.
13. LIMITATIONS OF LIABILITY: THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
The Released Parties are not responsible for lost, late, stolen, deleted, misdirected, undeliverable or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. Proof of transmission does not constitute proof of entry. The Released Parties are also not responsible for any malfunction of any Sweepstakes website or webpage or error in the collection, processing or retention of entry information.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
14. 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 Sweepstakes will be governed by and construed in accordance with the internal 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.
15. DISPUTES AND CLASS ACTION WAIVER: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, NY and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, NY. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, NY. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
16. PRIVACY AND PUBLICITY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. These Official Rules govern over all communiations. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s and his/her guest’s name, prize won, hometown, likeness, video recordings, 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. By entering and providing the required entry information, entrants acknowledge that Sponsor may send information, samples or special offers they believe may be of interest to entrant, or other information or goods offered by its marketing partners.
17. WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 12/28/22) or an additional copy of these Official Rules, send a stamped, self-addressed envelope (no later than 02/15/22), to: Scotch Malt Whisky Society, The Vaults, 87 Giles Street, Edinburgh, UK, EH6 BZ.
Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
