Orange Crush Smile Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. MUST BE 21 OR OLDER. NO ALCOHOL WILL BE AWARDED AS A PART OF THE PRIZE PACKAGE.
- Eligibility: The Orange Crush Smile (the “Promotion”) is open only to legal residents of the United States currently residing and domiciled in AZ, CA, CO, CT, DE, D.C., FL, GA, IL, IN, LA, MD, MI, MN, MO, NV, NH, NJ, NM, NY, NC, OH, OR, RI, SC, TN, TX, VA, WA, and WI who are at least twenty-one (21) years old at the time of entry. Employees of Sagamore Spirit Distillery(“Sponsor”), and its affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, and advertising/promotion agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited or otherwise restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Entrants must comply with all terms and conditions of these Official Rules. Winning is contingent upon compliance with these Official Rules, including rules regarding eligibility for participation. All potential winners are subject to verification before any prize will be awarded.
- Promotion Duration: The Promotion begins on May 15, 2023 at 12:00 a.m. Eastern Time (“ET”) and ends on 5/22/2023 at 11:59 p.m. ET (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
- How to Enter: To participate in the Promotion: Instagram and Mail-In Entries are available
- Social Media Entry: Visit @sagamorespirit on Instagram (“Website”) and follow the online instructions in the sweepstakes post on the @sagamorespirit Instagram account to complete and submit an online entry (“Entry”). To enter, entrants are required to interact with the Sagamore Spirit post on Instagram ( in-feed) with an orange slice as their smile. Upon posting in the required way, the user behind the posting account will receive one (1) entry into the Promotion.
- Mail-In Entry: Potential entrants to this promotion may gain one entry by submitting a written request to Sagamore Spirit, Attn: Orange Crush Smile SWEEPSTAKES, 301 E. Cromwell St., Baltimore, MD 21230. To be a valid entry, the submission must contain the entrants name, address, email, phone number, and date of birth. All submissions must be received by May 22, 2023, for valid entry to this promotion.
Multiple Entries: An entrant can enter the Promotion only once during the Promotion Period. Multiple entries by the same person will not be counted.
Limit: Each entrant must have their own email address or mobile phone number. Multiple entrants may not share the same email address or mobile phone number. Using multiple/different email addresses, mobile phone numbers, identities, registrations, logins, or any other method to attempt to enter the Promotion more than the allowed number of times will void all of an entrant’s entries and that entrant may be disqualified from participation in the Promotion. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. If there is a dispute as to any registration, the authorized account holder of the email address or mobile phone number used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a mobile telephone number by the wireless carrier as shown on the carrier’s billing records, or is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the exclusive property of the Sponsor and may not be returned.
- Prizes: One (1) Grand Prize Winner will be awarded the Sagamore Ultimate Mixology Gift Pack complete with oranges, ice crusher, juicer, and branded barware set (strainer, shaker, jigger).
Approximate Retail Value (“ARV”): $1500. Odds of winning a Prize depend on the number of eligible entries received during the Promotion Period.
For All Prizes: TOTAL ARV OF ALL PRIZES: $1,500. Should the actual retail value be less than the stated approximate retail value, the difference will not be awarded in cash or in any other form.
TRAVEL: This section applies only to those sweepstakes where travel accommodation are a part of the prize package. All travel-related prizes are subject to Sponsor’s sole discretion and selection. Different forms of transportation may be substituted by the Sponsor depending on where a winner is located, and Sponsor will not be required to pay any cash difference in value. Winner must travel on the dates determined by Sponsor and no alternate travel dates are available. Specific travel times and accommodations are subject to availability. If a winner is allowed to bring a guest, the guest must travel on the same itinerary as the winner. Use of the prize is subject to certain restrictions, including dates of travel, cabin availability and cabin class. Any costs or expenses not expressly stated herein, including, but not limited to, food and beverages, gratuities, merchandise, telephone calls, room service, laundry service, or additional travel or services not specifically stated above are the sole responsibility of winner. Sponsor is not responsible for weather conditions, flight or other transportation delays or cancellations beyond its control, nor is Sponsor responsible for the availability of any other prizes. Actual retail value of the prize may vary, depending upon the city of initial departure.
NO WARRANTIES BY SPONSOR: SPONSOR DOES NOT WARRANT THE PRIZE. WINNER’S WARRANTY RIGHTS WITH RESPECT TO THE PRIZE WILL BE LIMITED TO THOSE WARRANTY RIGHTS THAT THE PRIZE MANUFACTURER MAKES AVAILABLE AND ALLOWS SPONSOR TO PASS TO THE WINNER, IF ANY. SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. THE WINNER SHOULD PERFORM THEIR OWN DUE DILIGENCE BEFORE MAKING A DECISION TO ACCEPT THE PRIZE.
- Selection of Potential Winners: Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Sponsor or an independent third party will randomly select the potential Promotion winner from all eligible entries on or about 5/28/2023.
- ALL POTENTIAL ENTRIES AND WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
- Notification and Verification of Potential Winners: The potential Promotion winner will be notified by Instagram, mail, email, or phone on or about 5/28/2023. If a potential winner of any prize cannot be contacted within 48 hours of Sponsor’s sending a notification, or a prize is returned as undeliverable, the potential winner forfeits that prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be 1 alternate drawing, after which the prize may remain unawarded, in Sponsor’s sole discretion. Unclaimed Prizes will not be awarded. Sponsor is not responsible for a potential winner not receiving a prize notification for any reason.
Winners may waive their right to receive prizes, but will not receive any alternate prize or cash value. Prizes are not assignable or nontransferable. No substitutions allowed by winner. Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes, fees, and insurance costs associated with a prize receipt or use as well as registering, permitting, or licensing the prize, if required. Potential winners may be required to complete an Affidavit of Eligibility and/or Liability and Publicity Release and any other documents reasonably requested by Sponsor (except where prohibited by law) which must be returned within ten (10) days of date of personal delivery or date of postmark. Failure to sign and return the affidavit, release, or any other document required by Sponsor within ten (10) days, or to comply with any term or condition of these Official Rules, may result in a potential winner’s disqualification, and the forfeiture of his or her interest in the prize. Prizes not claimed by eligible winners in accordance with these Official Rules within two (2) months of Sponsor’s receipt of the necessary releases and consents will not be awarded and will remain the property of Sponsor. If the winner is permitted to include a guest(s) as part of a prize, the guest(s) must be 21 years of age or older and must also complete a Liability release. Should a potential winner be unwilling or unable to accept a prize for any reason, the prize will be forfeited in its entirety and an alternate potential winner will be randomly selected, if feasible.
- Winner List: For a winner list, send a self-addressed, stamped envelope to Sagamore Whiskey LLC d/b/a Sagamore Spirit, Attn: Orange Crush Smile SWEEPSTAKES, 301 E. Cromwell St., Baltimore, MD 21230. A winner’s list will be available for thirty (30) days after the Promotion ends. DO NOT SEND ANY CORRESPONDENCE OTHER THAN ENTRIES AND WINNER’S LIST REQUESTS TO THIS ADDRESS.
- Publicity: Any Submission, Entry, or Acceptance of any prize constitutes winner’s consent to Sponsor’s and its agents’ use and publication of their name, likeness, biographical information, photograph, voice, opinions and hometown and state in any media for any commercial or promotional purpose, including without limitation for the purposes of advertisement in public and on the Internet, without further compensation or other consideration.
- General Conditions: By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. In the event the Promotion is compromised by a pandemic, non-authorized human intervention, fraud, technical failure, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness, integrity, or proper operation of the Promotion, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion. Should the Promotion be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. 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 or any other promotion 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. If such an attempt is made, Sponsor may 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. Any prizes depicted on promotional packaging, point of sale, or otherwise in connection with this Promotion are for illustrative purposes only and may not be the actual prize awarded or received.
- RELEASE AND LIMITATION OF LIABILITY: BY ENTERING THE PROMOTION, YOU RELEASE, DISCHARGE, AGREE NOT TO SUE, INDEMNIFY, AND HOLD HARMLESS SPONSOR, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, SPONSORS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIM, DEMAND, LOSS, DAMAGE, OR CAUSE OF ACTION OF ANY KIND ARISING, DIRECTLY OR INDIRECTLY, OUT OF (A) PARTICIPATION IN THE PROMOTION, INCLUDING, BUT NOT LIMITED TO TECHNICAL OR TRANSMISSION ERRORS, INTERRUPTIONS, MALFUNCTIONS, FAILURES OR DELAYS, SUSPENSION, MODIFICATION, OR TERMINATION OF THE PROMOTION, DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE, UNAUTHORIZED HUMAN INTERVENTION IN THE PROMOTION, ADMINISTRATIVE OR PROCESSING ERRORS, INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR ERRORS IN EQUIPMENT OR PROGRAMMING USED IN ASSOCIATION WITH THE EXECUTION OF THE PROMOTION, LATE, LOST OR UNDELIVERABLE MAIL, E-MAIL, TEXT MESSAGES, PHONE CALLS OR SHIPMENTS, AND (B) RECEIPT, USE OR MISUSE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, VIOLATION OF ANY LAW, RULE, OR REGULATION, OR FAILURE TO PAY TAXES.
- Errors: If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, 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, unawarded, eligible prize claims.
- Disputes: Except where prohibited, entrant agrees that: (1) 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 United States District Court for the Delaware or the appropriate State Court located in Delaware; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
- Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which you may view at https://sagamorespirit.com/privacy-policy/.
- Sponsor: Sagamore Whiskey LLC d/b/a Sagamore Spirit, 301 E. Cromwell St., Baltimore, MD 21230. Email: [email protected].
This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Instagram. If you have any questions regarding this Promotion, please contact [email protected]