NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW. This sweepstakes is subject to all applicable federal, state, and local laws, rules, and regulations.
1) Eligibility: “The Misunderstood Beach Retro Record Play Giveaway” (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are older than 21 years of age or the age of majority in their jurisdiction of residence at the time of entry. The Sweepstakes is sponsored by Misunderstood Whiskey (“Sponsor”). Employees, officers, and directors of Sponsor, Buglisi Recobs Group INC., 375 Park Avenue Spirits, Luctor International, LLC, Sazerac Company, Inc., Misunderstood Whiskey, and each of their parent companies, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies (collectively, the “Released Parties”), and alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors, and retailers); and anyone else connected with the production and distribution of this Sweepstakes and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related to any of the above-named entities, are not eligible to participate or win. Only an individual meeting all eligibility requirements outlined in these Official Rules may participate in the Sweepstakes or win a Prize (as defined below). In the event of any conflict or inconsistency with any other advertising, promotional, or other materials, these Official Rules shall govern. The sponsor reserves the right to verify the eligibility of the winner before awarding any Prize.
2) Promotion Period: Sweepstakes begins on December 5, 2023 at 9 a.m. Eastern Time (“ET”) and ends on January 5, 2024, at 11:59 p.m. ET (hereinafter, “Promotion Period”).
4) Drawing: A random drawing will be conducted on or about January 7, 2024, by an authorized representative of Sponsor to select the winners from among all eligible entries received; Sponsor’s decisions are final on all matters relating to this Sweepstakes. Odds of winning a Prize will depend upon the total number of eligible entries received. Potential Prize winners will be notified by email and may be required to complete, sign and return an Affidavit of Eligibility and Publicity/Liability Release prior to the receipt of the Prize, or the Prize may be forfeited and awarded to an alternate winner. If the potential winner cannot be contacted; is ineligible according to these Official Rules; fails to return the required documents within the specified time period; declines his/her Prize for any reason whatsoever; otherwise fails to fully comply with these Official Rules; or if Prize notification is returned as undeliverable, potential Prize winner will forfeit his/her Prize and the Prize may be awarded to an alternate winner from among all remaining eligible entries received, in Sponsor’s sole discretion. Sponsor will select up to three (3) successive alternate winners, after which point Sponsor will discontinue the Sweepstakes and retain the Prize. If selected as a winner during the Promotion Period, you will not be eligible for remaining drawings for the remainder of the Promotion Period.
5) Prizes: One (1) Grand Prize Winner will win a Misunderstood Tailgate Lounge Chair and a $40 Misunderstood Whiskey gift certificate redeemable at the online store. Total Approximate Retail Value (“ARV”) of Grand Prize Package: $200 USD.
6) Prize Restrictions: Winners agree to accept Prizes “as is”, and Sponsor will not be held liable for any defects or misunderstandings about Prizes. No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsor, which reserves the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined in their sole discretion. Sponsor is not responsible for and will not replace lost or stolen Prize or any component thereof. Non-compliance with these Official Rules may result in disqualification and, at Sponsor’s sole discretion, the awarding of the Prize to an alternate winner. Winners are solely responsible for any and all applicable fees, taxes and expenses associated with a Prize that are not specifically listed herein.
7) Verification of Potential Winners: ALL POTENTIAL WINNERS ARE 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.
8) Publicity: Except where and as may be prohibited by law, participation in the Sweepstakes and acceptance of Prize constitutes express permission of winner for Sponsor, and those acting pursuant to the authority of Sponsor, to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter developed, worldwide in perpetuity, without further notice, review or approval, permission, or compensation. If you do not agree to these terms, you should not participate in the Sweepstakes.
9) General Conditions: Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate this Sweepstakes (or any portion thereof) should any virus, bug, fraud, non-authorized human intervention or other causes, including but not limited to weather, war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of this Sweepstakes and, in the event of termination, at its discretion, select winner(s) from among all eligible, non-suspect entries received as of the date of the event requiring such termination. Sponsor reserves the right to disqualify any individual it determines, in its sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Sweepstakes, (b) defraud any of the Released Parties, (c) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other entrants, Sponsor or its representatives or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Sweepstakes through means not permitted by these Official Rules is subject to disqualification. No more than the stated number of Prizes will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in their sole and absolute discretion, to award only the stated number of Prizes (previously not awarded) by means of a random drawing among all legitimate and eligible Prize claims. ANY ATTEMPT BY ANY PERSON DELIBERATELY TO DAMAGE THE ELECTRONIC ENTRY FORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES (INCLUDING ATTORNEYS’ FEES) AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
10) Agreement to Official Rules: By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor (including but not limited to Sponsor’s employees or agents handling Prize redemption), which are final and binding in all matters relating to the Sweepstakes. By participating in the Sweepstakes, each entrant waives any right to claim ambiguity in these Official Rules.
11) Release: By participating, entrants indemnify, release and agree to hold harmless the Released Parties and their directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations from any and all liability arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or the acceptance, receipt, possession or use/misuse of the Prize (as applicable). Without limiting the foregoing, neither Buglisi Recobs Group Inc., Luctor International, LLC, nor Sazerac Company, Inc. makes any representation, warranty or guarantee of any kind regarding the Prize; this includes but is not limited to the warranty of merchantability or fitness for intended purpose. Except where prohibited by law, acceptance of the Prize constitutes the winner’s agreement to the use of his/her name, address (city, state), likeness, voice, photograph or other indicia of persona and/or statements regarding the Sponsor or the Sweepstakes for advertising, publicity and trade purposes by Sponsor and its designees, without further compensation or any notice or approval of any kind.
12. Caution: ANY ATTEMPT BY A PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE SWEEPSTAKES (IF APPLICABLE), PROHIBIT SUCH PERSON FROM PARTICIPATING IN FUTURE PROMOTIONS OFFERED BY SPONSOR, AS WELL AS TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Improper Conduct: Sponsor, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize if any entrant engages in any conduct Sponsor deems to be improper, unfair, otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or prize claim, violating any term or condition stated here, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use an entrant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs/technology in connection with this Sweepstakes. Entrants agree that Sponsor may void the Prize that an entrant may have won and/or require the return of the Prize that an entrant may have won as a rule of such importer conduct even if winner has been announced. Entrants further acknowledge that any forfeiture of the Prize and/or return of the Prize shall in no way prevent Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
14. Sponsor’s Rights: Sponsor reserves the right, in its sole discretion, to cancel, abbreviate, or suspend this Sweepstakes or any portion of the Prize should it be compromised by computer virus, program bugs, non-authorized human intervention or other causes beyond the control of the Sponsor, including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, without any compensation or liability to any entrant. Sponsor is not responsible for any typographical, technical, or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize(s). In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
The Released Parties assume no responsibility for any damage to an entrant’s or any other person's mobile device which is occasioned by participating in the Sweepstakes or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, The Released Parties are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The preceding expressly includes but is not limited to any text message communications sent by or sent to Sponsor which is not properly and timely received and accessible by Sponsor or its agencies for any reason. Sponsor has the right, in its sole discretion, to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes or awarding of any Prize if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. Sponsor, in its sole discretion, reserves the right to substitute all or part of the Prize for a cash prize if it becomes impracticable, unfeasible, or impossible for the Prize to be awarded as described above. If the Sweepstakes is modified, terminated or suspended, Sponsor will select the winner from all eligible, non-suspect text message entries received in a manner determined by the Sponsor in its sole discretion to be fair, appropriate, and consistent with these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances, and, if not feasible, Sponsor shall not have any liability of any kind. Only the type and quantity of prizes described in these Official Rules (i.e., one prize) is available to be won in the Sweepstakes. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF KENTUCKY, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN JEFFERSON COUNTY, KENTUCKY. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/ OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
16. PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Sweepstakes will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and also in accordance with Sponsor’s privacy policy, available HERE.
17) Limitation of Liability: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed $50 but in no event including attorneys’ fees, and (3) under no circumstances will entrants be permitted to obtain awards for and entrants hereby waive all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE SWEEPSTAKES AND PRIZE, ARE 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 NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Misunderstood is a Registered Trademark of Buglisi Recobs Group Corp