USBeverage

1. Eligibility: “1911 Cider” Promotion (the “Promotion”) is open only to legal residents of Connecticut, Florida, Massachusetts, North Carolina, New York, and Pennsylvania who are at least twenty-one (21) years old at the time of entry (the “Entrant”).  Persons in any of the following categories are not eligible to participate or win a prize:  (a) persons who are employees, officers or agents of Unites States Beverage L.L.C. (the “Sponsor”) or Administrator (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Promotion; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c).  Subject to all applicable federal, state, and local laws and regulations.  Void outside of Connecticut, Florida, Massachusetts, North Carolina, New York, Pennsylvania and wherever else prohibited by law.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor:  United States Beverage L.L.C., 700 Canal St, Ste 3, Stamford, CT  06902.

3. Administrator: NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.

4. Timing:  The Promotion begins on September 17, 2021 at 12:00 AM Eastern Standard Time (“ET”) and ends on October 31, 2021 at 11:59 PM ET (the “Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Promotion.

5. How to Enter:  To enter, visit www.1911cidersweeps.com (the “Website) and follow directions to enter this Promotion. Entrants must fully complete and submit all required information on the online entry form to be eligible, including, name, state, email and phone. Incomplete entries are void. Entrant must come back each day of the Promotion to complete the online entry form to receive one (1) entry per day.

Limit:  Limit one (1) entry per person per calendar day (an Entrant may only enter with one email address– additional entries by the same person via additional email addresses will be void and subject Entrant to disqualification). There is a total of forty-five (45) entries per person for the entire Promotion.  One entry per calendar day (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM ET and ending at 11:59 PM ET on any one (1) calendar date).

Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s entries and that Entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification.  Facsimile and mechanically reproduced entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible, illegible, postage due, damaged or misdirected entries, which will be disqualified.

In the event of a dispute as to any participation, the authorized account holder of the email address or physical address used to enter will be deemed to be the Entrant. “Authorized account holder” of the email address is defined as the natural person who is assigned to an email address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.  A potential prize winner may be required to show proof that he/she is the authorized account holder of the email address provided at the time of entry. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.

6. Winning/Odds:  Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential prize winner are final and binding in all matters related to the Promotion. On or about November 3, 2021, one (1) prize winner will be selected in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion.

7. Prize Notification/Claim: Potential prize winner will be notified via email on or about five (5) days following the drawing date (the “Notification”). Except where prohibited, the potential prize winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) (if applicable) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) days from receipt of Notification. If the potential prize winner fails to return the Required Documents within the time period required, or if the Notification is returned as undeliverable, such potential prize winner forfeits his/her right to the prize and another potential prize winner will be selected from among all remaining non-winning eligible entries received during the Promotion Period, even if the disqualified potential prize winner’s name may have been publicly announced. If it is determined by the Sponsor or Independent Administrator, in its sole discretion, that the potential prize winner is not eligible or otherwise not in compliance with these Official Rules, the potential prize winner forfeits his/her right to the prize and an alternate will be selected as outlined above.  In the event that the potential prize winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.

The awarding of the prize is subject to verification by the Sponsor whose decisions are made based at their sole discretion.  Sponsor’s interpretation of these Official Rules is final and binding in all respects. The potential prize winner is not a prize winner of any prize until his/her eligibility and entry has been verified by Sponsor.

8. Prize (1): Prize winner will be awarded a trip to Lafayette, NY to the Beak & Skiff Apple Hill Campus (the “Grand Prize”).  The Grand Prize is inclusive of: i) round-trip coach-class air transportation to/from the Grand Prize winner’s legal residence within the U.S. (as defined herein) to/from a major commercial airport nearest a major airport nearest Lafayette, NY for Grand Prize winner and one (1) guest, ii) two (2) nights hotel accommodations (one (1) room, double occupancy) at a hotel to be determined by the Sponsor, iii) one (1) dinner having a value of up to $300, iv) one (1) $100 Visa gift card, v) a tour of Beak & Skiff, and vi) $100 to be used towards apparel.  The Grand Prize has an approximate retail value (“ARV”) of $2,200.

Prize winner will be required to complete travel by December 31, 2021.  If the prize winner is unable to travel, prize winner forfeits his/her rights to the Grand Prize and no compensation will be awarded.  Tickets, accommodations, certificates if any, are subject to the terms and conditions of issuer and will not be replaced by Sponsor if lost, stolen, misplaced, damaged or destroyed. Sponsor will be solely responsible and determine any round-trip coach-class air transportation for prize winner and guest.  Grand Prize ARV may vary, depending on the point, date and time of departure. Any difference between ARV and actual value will not be awarded as cash or otherwise.  Grand Prize must be accepted as a whole or will be forfeited in its entirety. All travel arrangements must be made through the Sponsor and a travel agent or entity selected by Sponsor. Prize winner will be responsible for any additional transportation, excursions, tips or gratuities, fuel, parking, beverages, telephone calls, overages, baggage fees, extras and any other incidental costs or expenses not specifically stated herein as being included. The prize winner’s stay shall be subject to certain terms and conditions which they will be required to acknowledge, respectively, upon their arrival. Specific air carrier(s) and other trip specifics are selected at the sole discretion of the Sponsor.  All travel is subject to availability and other restrictions may apply. Travel must originate and end at the same major gateway airport.  Prize winner will be required to obtain and maintain all insurance (including health, liability and any other insurance). Prize winner acknowledges and agrees that the Sponsor and Administrator are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked.  No frequent flier miles will be earned on any element of travel.  Grand Prize conditions may be added or modified by Sponsor or its designee.  Sponsor is not responsible for any changes of any element of Grand Prize, nor are they liable for any expenses incurred as a consequence of flight/event changes, cancellation or delays. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the Grand Prize, or any element thereof, will remain the property of Sponsor or its designee.  A prize winner later found ineligible or non-compliant will be immediately required to return and forfeit any Grand Prize awarded. In the event prize winner engages in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, illegal or that is intended to annoy, abuse, threaten or harass any other person, or may cause harm, property damage or any other loss, Sponsor reserves the right to terminate the trip early, in whole or in part, and to send the Grand Prize winner home with no further compensation.

Products or any other element received as a prize may not be resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual Grand Prize awarded. Except for any standard manufacturer’s warranty, GRAND PRIZE IS AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Grand Prize is nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Prize winner is responsible for all taxes and fees associated with the prize award, receipt and/or use.

In the event any issues arise due to a pandemic, the Sponsor has the right to make changes to the Grand Prize as necessary and will provide any changes to the prize winner.  SPONSOR MAY MODIFY, SUSPEND OR EVEN ELIMINATE PRIZE TRAVEL ALTOGETHER WITH LITTLE OR NO ADVANCED NOTICE AND WITHOUT LIABILITY OF ANY KIND BASED ON MODIFICATIONS TO U.S. FEDERAL/STATE/LOCAL LAWS/REGULATIONS  SETTING FORTH REQUIRED CONDUCT RELATIVE TO COVID-19 (E.G., A MORATORIUM ON TRAVEL ISSUED BY ONE OF MORE GOVERNMENTAL BODIES; UPDATED QUARANTINE POLICIES OF ONE OR MORE JURISDICTIONS); SPONSOR’S ASSESSMENT IN ITS SOLE DISCRETION OF CURRENT HEALTH CONDITIONS IN APPLICABLE JURISDICTIONS (INCLUDING BUT NOT LIMITED TO DATA AS TO POSITIVE TESTS FOR COVID-19, PROJECTIONS BY GOVERNMENTAL BODIES OR RESEARCH INSTITUTIONS AS TO THE SPREAD OF COVID-19); AND/OR ANCILLARY CONCERNS RELATED THERETO.

9. Release:  In exchange for the right to participate in the Promotion, the prize winner agrees to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

10. Publicity:  Except where prohibited, participation in the Promotion constitutes the prize winner’s consent to Sponsor’s and its agents’ use of the prize winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, the prize winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation.  All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of prize winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.

11. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By playing the Promotion and accepting a prize, the prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity.  Prize winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the prize winner if he/she violates the policies of these Official Rules; and, in such a case, the prize winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

12. Limitations of Liability:  The Released Parties are not responsible for:  (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry/play process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of plays; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an Entrant’s play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another play in the Promotion, unless it is not possible to award another play due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

13. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction.  Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased.

14.  Winner List:  For the name of the prize winner, send a self-addressed, stamped envelope by December 3, 2021 to “1911 Cider” Promotion NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409.  Prize winner’s first name, last initial, city and state will be published in the winner’s list. Residents of Vermont may omit return postage. Requests will be fulfilled after the winner is verified.

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