Popular Mechanics & Knob Creek Contest Official Rules
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING
THE FOLLOWING CONTEST IS VOID OUTSIDE ALASKA, ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DISTRICT OF COLUMBIA, DELAWARE, GEORGIA, HAWAII, IOWA, ILLINOIS, KANSAS, KENTUCKY, LOUISIANA, MASSACHUSETTS, MISSOURI, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEVADA, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH CAROLINA, TENNESSEE, TEXAS, VIRGINIA, WASHINGTON, WISCONSIN AND WHEREVER PROHIBITED.
DO NOT ENTER THIS CONTEST IF YOU ARE NOT 21 OR OLDER, AND NOT A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN ALASKA, ARKANSAS, ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DISTRICT OF COLUMBIA, DELAWARE, GEORGIA, HAWAII, IOWA, ILLINOIS, KANSAS, KENTUCKY, LOUISIANA, MASSACHUSETTS, MISSOURI, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEVADA, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH CAROLINA, TENNESSEE, TEXAS, VIRGINIA, WASHINGTON AND WISCONSIN. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. THIS SWEEPSTAKES WILL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE FEDERAL AND STATE LAW.
1. HOW TO ENTER: Knob Creek Popular Mechanics Build A Bar Contest (the “Contest”): Beginning July 2nd, 2019 at 12:01 AM (ET) through October 14th, 2019 at 11:59 PM (ET) (the “Entry Period”), go to popularmechanics.com/buildabar on a computer or wireless device and fill out the entry form and attach up to four (4) photos of the bar you have built (“Images”) (please see Further Entry Conditions in Section 4 for content guideline). Important Notice: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your carrier. Please consult your wireless service provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill. Winner Selection: All entries will be judged by Popular Mechanics magazine; whose decisions are final based on the following criteria: completion of the bar(s) (50%); and quality of build (50%). In the event of a tie, the person among the tied Entrants with the highest score in quality of build will be the winner (the “Winner”). In the event the Sponsor does not receive a sufficient number of eligible entries or there are not a sufficient number of acceptable entries in Sponsor’s sole discretion, the Sponsor has the right to cancel the Contest, or alternatively, if the Contest provides for more than one prize winner, the Sponsor may, in its sole discretion, reduce the number of prize winners. By participating in the Contest, entrant (“Entrant”) certifies that his/her entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights or privacy or publicity. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these official rules or that is not consistent with the spirit or theme of the contest. The decision of the Sponsor and judges is final and binding on all matters relating to the Contest. Prizes & Approximate Retail Value: NO ALCOHOL WILL BE GIVEN AS PART OF THIS PRIZE. One (1) Winner will receive $5,000 in the form of a check, Approximate Retail Value: Five Thousand Dollars ($5,000.00) and a Knob Creek branded bar light, Approximate Retail Value: Two Hundred Fifty Dollars ($250.00). The Total Approximate Retail Value of All Available Prizes: $5,250.00. Any difference between the stated Approximate Retail Value and the actual value of the prize will not be awarded in any form.
2. WINNER NOTIFICATION: Winner will be notified within one (1) month of the last day of the Contest, via e-mail, and/or at Sponsor’s discretion, via phone or postal mail. In the event the Winner doesn’t respond to Sponsor’s notification or does not accept the prize within five (5) business days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner from the remaining eligible Entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Contest. List of Winner(s): For the name of the Winner, send a separate self-addressed, stamped envelope to Hearst Magazines Floor 21 Knob Creek Popular Mechanics Build A Bar Winners’ List, Hearst Magazine Media, Inc., 300 West 57th Street NY, NY 10019 within two (2) months from the Winner notification date as specified above.
3. ENTRIES:Limit one (1) entry per person for Contest. Multiple entries from the same person will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. If applicable, lost, late, misdirected, or incomplete or entry forms that have been tampered with will be disqualified. Online Entrants must have valid e-mail address and it is Entrant’s responsibility to update Sponsor of any change in e-mail address. If there is a dispute as to the identity of an online Entrant, the prize will be awarded to the Authorized Account Holder of the e-mail address. The “Authorized Account Holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider, carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning the e-mail addresses for the domain associated with the submitted e-mail address.
4. FURTHER ENTRY CONDITIONS:
All Image(s) submissions must comply with the following requirements:
Content Requirements: All Entrants must use caution and common sense in creating their Image. THE IMAGE(S) WILL BE RETAINED BY AND BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED. ALL ENTRANTS GRANT TO SPONSOR AND THE SPONSOR THE ABSOLUTE RIGHT AND PERMISSION TO COPYRIGHT, USE, PUBLISH, DISPLAY, BROADCAST, EDIT, MODIFY, REPRODUCE AND DISTRIBUTE THE IMAGE(S). SPONSOR SHALL HAVE THE PERPETUAL, IRREVOCABLE, UNCONDITIONAL, UNRESTRICTED, WORLDWIDE RIGHT TO USE THE IMAGE(S), IN WHOLE OR IN PART, IN ANY MEDIUM NOW KNOWN OR HEREAFTER DEVELOPED INCLUDING, BUT NO LIMITED TO, ANY PRINT OR ELECTRONIC MEDIUM, VIDEO, BROADCAST, AND/OR ON THE INTERNET. ENTRANTS WILL RECEIVE NO PAYMENT, ROYALTY OR OTHER COMPENSATION FOR THE USE OF THE IMAGE(S). The Image(s) must be suitable for publication and compliant with the following content requirements in the sole opinion of the Sponsor:
Image(s) cannot depict consumption of alcoholic beverages;
The only person included in the Image(s) shall be the Entrant, and the Entrant must be twenty-one (21) years of age or older at the time of entry;
Image(s) cannot be obscene, defamatory, dangerous, discriminatory, infringing or otherwise inappropriate or unsuitable for publication to general audiences over the age of twenty-one (21) (as determined in Sponsor’s sole discretion);
Image(s) cannot depict or encourage excessive or irresponsible alcohol consumption, link alcohol to any activities that would be dangerous while consuming alcohol, including operating machinery, sailing, skiing, etc.;
Image(s) must not contain or depict any third-party trademarks (other than Knob Creek® Bourbon, should Entrant choose to include such product in the Image(s) or copyright protected material;
Image(s) cannot be obscene or offensive, or endorse any form of hate or hate group (as determined in Sponsor’s sole discretion);
Image(s) cannot defame, misrepresent or contain disparaging remarks about any person or entity, including but not limited to the Sponsor or its affiliates, as determined in the sole discretion of the Sponsor, or their respective affiliates as determined in Sponsor’s sole discretion;
Image(s) cannot contain any material that may, in the sole discretion of Sponsor, infringe on the intellectual property rights of any third party, including but not limited to, copyrights or trademarks owned by others. Entrants must use their own original material in the creation of the Image(s). If an Image(s) contains any third-party trademarks or copyrighted material, Sponsor may, in its sole discretion, disqualify the Entry from the Contest. In the alternative, Sponsor may ask the Entrant to provide the appropriate legal documentation, as required by Sponsor, that demonstrates the Entrant has received proper permission to use such third-party material in the Image(s) for all purposes related to this Contest and Sponsor, with a right to further grant and transfer such permission to Sponsor and its affiliates. Failure to provide appropriate legal documentation, as determined in Sponsor’s sole discretion, will result in disqualification of the entry without notice;
Image(s) cannot advertise or promote any third-party brand or product of any kind or contain any personal identification, including, but not limited to: license plate numbers, personal names, e-mail addresses, phone numbers, or street addresses;
Image(s) cannot depict any materials relating to the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces;
Entries cannot be in violation of any applicable federal, state, and/or local laws, rules, and regulations; and
In addition to the requirements and guidelines above, Image(s) may contain obscene or pornographic material, contain defamatory or libelous statements, invade privacy rights, exploit individuals or in any other way violate applicable laws and regulations (as determined in Sponsor’s sole discretion).
Technical Requirements:
1. Image(s) must be submitted in JPEG file format.
5. ELIGIBILITY: This Contest is open to legal residents of AK, AZ, CA, CO CT, DC, DE, GA, HI, IA, IL, KS, KY, LA, MA, MO, NE, NH, NJ, NM, NV, OK, OR, RI, SC, TN, TX, VA, WA and WI, who have reached the age of twenty-one (21) in their state or territory of residence at time of entry. This Contest is void outside AK, AZ, CA, CO CT, DC, DE, GA, HI, IA, IL, KS, KY, LA, MA, MO, NE, NH, NJ, NM, NV, OK, OR, RI, SC, TN, TX, VA, WA and WI and where prohibited by law. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, any alcoholic beverage industry wholesalers, distributors, or licensed retailers, independent judging organizations, and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.
6. CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and all applicable federal, state, provincial, if Canadians are eligible to enter, and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility. If the actual retail value of any Winner’s prize is $600 or more, the Winner must complete a W9 form and supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Winner (or, if a minor, in the name of the minor) for the actual value of the prizes received. Sponsor shall have no responsibility or obligation to the Winner or potential Winner who are unable or unavailable to accept or utilize prizes as described herein. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Winner (and parent or legal guardian if Winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within seven (7) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within seven (7) days following the date of first attempted notification. By entering, Entrant grants permission for Sponsor, and any of its affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers to use the Entrant’s submission (including an altered form of the entry) for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. If Images are being submitted to Sponsor as a requirement for entry, Entrants agree that they have all rights to use the Images submitted and to allow Sponsor, any of its affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers to reuse any of the Images, without any liability, for editorial, advertising and promotional purposes. Additionally, acceptance of the prize by Winner constitutes permission for Sponsor and any affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers to use Winner’s name and/or likeness and biographical material for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, Winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
7. INTERNET/ mobile: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet, at any Web site, or via the mobile phone or any combination thereof. If for any reason the Internet or mobile phone portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt of affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an Entrant from participating in the Contest if it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
8. DISPUTES/CHOICE OF LAW: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York State law, without reference to New York’s choice of law rules, governs the Contest and all aspects related thereto.
9. SPONSOR: The Sponsor of this Contest is Hearst Magazine Media, Inc. and/or its joint venture partners, 300 W. 57th Street, New York, NY 10019.
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