TALISKER “ONE FOR THE SEA” SWEEPSTAKES  

OFFICIAL RULES

 

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  MUST BE 21 YEARS OF AGE OR OLDER AND A LEGAL U.S. RESIDENT OF NEW YORK STATE, NEW JERSEY OR CONNECTICUT. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

 

1.The TALISKER “ONE FOR THE SEA” SWEEPSTAKES (“Sweepstakes”) begins on June 8, 2022 on or after 12:00:00 p.m. Eastern Time (ET) and ends at 11:59:59 p.m. (ET) on September 2, 2022.

 

2. To enter via photo submission -

 

a.       “Follow” @talisker if you do not already.  As a requirement to follow @talisker you must first verify that you are of legal age to consume alcohol beverages as per Instagram's functionality.

 

b.      Set your Instagram profile to public.

c.       Post a photo of your TALISKER whisky and oyster pairing (“Oyster Pairing Photo”), along with the hashtag #Sweepstakes, to your Instagram account.

See Rules 4 and 5 below for important entry restrictions.

3. To enter WITHOUT purchase (Oyster Pairing Photo) –

a. Print your name, complete address, daytime phone number, e-mail address (if any) and date of birth on a 3” x5” card and mail in a business size (#10) envelope to TALISKER “ONE FOR THE SEA” SWEEPSTAKES, c/o Hunter Public Relations, One World Trade Center, Floor #68, New York, NY 10007, to be postmarked by September 6, 2022 and received by September 12, 2022. 

 See Rule 5 below for important entry restrictions. 

4. Restrictions on Entry via Oyster Pairing Photo-

  1. You must be a registered member of Instagram in order to participate in the Sweepstakes by posting Oyster Pairing Photo. Membership on Instagram is free, but a compatible mobile device is required to download the Instagram app for optimal use of the Instagram service. Wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan.  Wireless Internet access is not available in all areas.

 

b.      DO NOT CONSUME TALISKER WHISKY (OR ANY OTHER ALCOHOL BEVERAGE) IN THE OYSTER PAIRING PHOTO.

 

c.       If Oyster Pairing Photo is taken at a restaurant, do not include the name or logo of the restaurant in your Oyster Pairing Photo.

 

d.      The hashtag #Sweepstakes must accompany your Oyster Pairing Photo, so as to disclose to the public that in posting your Oyster Pairing Photo you are participating in a sweepstakes promotion sponsored by Diageo Americas, Inc. to advertise TALISKER whisky for a chance to win the prize.  Omission of the hashtag #Sweepstakes may result in voiding of entry and disqualification from the Sweepstakes.

 

  1. A given Instagram account may only be used by one (1) person to post an Oyster Pairing Photo and thereby enter the Sweepstakes.
  2. Content of Oyster Pairing Photo is subject to additional restrictions-

 

(i)                 Oyster Pairing Photo shall not be confidential, proprietary or trade secret.

(ii)              In posting Oyster Pairing Photo to your personal Instagram account, you represent and warrant that Oyster Pairing Photo is your sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party.

(iii)            Oyster Pairing Photo cannot contain material that-

·         Depicts or references persons conducting themselves in an inappropriate manner;

·         Shows or implies that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination;

·         Degrades or demeans the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status;

·         Depicts or references any person who is or may be under 21 years of age;

·         Is obscene, provocative, lewd or otherwise objectionable;

·         Reflects poorly on the TALISKER brand.

Sponsor shall make any and all determinations as to whether the content of an Oyster Pairing Photo is appropriate in its sole discretion. Should Sponsor identify any posts of Oyster Pairing Photos which are violative of the preceding requirements, Sponsor reserves the right to petition Meta Platforms, Inc. to remove such comments from its Instagram social media platform and to otherwise take any and all necessary and appropriate actions so as to protect its legal rights (this is in addition to the person posting such Oyster Pairing Photo not being entered in the Sweepstakes.)

 

  1. Do NOT share your Oyster Pairing Photo with persons who are under 21 years of age.

 

  1. OYSTER PAIRING PHOTOS POSTED BY PROSPECTIVE ENTRANTS ON THEIR PERSONAL INSTAGRAM ACCOUNTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE PROSPECTIVE ENTRANTS THEMSELVES AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR WILL NOT REVIEW OYSTER PAIRING PHOTOS PRIOR TO THE POSTING OF SAME BY PROSPECTIVE ENTRANTS ON THEIR PERSONAL INSTAGRAM ACCOUNTS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH.

 

5. Restrictions on Entry via Oyster Pairing Photo or Mail

 

a.      Entrants’ personal information will only be used for purposes of Sweepstakes administration, unless an entrant expressly consents beforehand in writing to such other use by Sponsor.  For more information, please review Diageo’s Privacy & Cookie Notice at https://footer.diageohorizon.com/dfs/assets/www.diageo.com/PrivacyPolicy_en.html?locale=en-gb as well as Diageo’s Conditions of Use at https://footer.diageohorizon.com/dfs/assets/www.diageo.com/TnC_en.html?locale=en-gb. In the event of any discrepancy between the privacy & cookie notice and these Official Rules, the privacy & cookie notice shall control and govern; in the event of any discrepancy between the conditions of use and these Official Rules, the conditions of use shall control and govern. 

 

b.      One (1) entry per person regardless of method of entry. Use of any method to violate the preceding entry limit will result in disqualification of such person with all his/her entries being void.

 

c.       Sponsor is not responsible for telephone or cell phone service disruptions or other equipment or service issues that might affect a person's ability to enter by posting of an Oyster Pairing Photo on their personal Instagram account and qualify or the ability of the Sponsor to notify the winner. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, corrupted, jumbled, garbled, incomplete, inaccessible, improperly recorded, unrecorded or incorrect entries or other Sweepstakes materials, all of which are void. Sponsor also assumes no responsibility for postage due mail.  Facsimiles or mechanical reproductions will not be accepted. All entries become the property of Sponsor and will not be returned. Any acknowledgment of receipt of entry (including Sponsor commenting on any posted Oyster Pairing Photo entry) does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor.

 

6. Prize

 

a.       One (1) Prize will be awarded.

b.      Prize is a trip to Montauk, New York for winner and one (1) guest (who must be 21 years or older).  Trip is for three (3) days, two (2) nights, including: rail travel (standard class) from train station near winner’s residence in New York State, New Jersey or Connecticut to Montauk, New York; two (2) nights’ hotel accommodations (one [1] standard room, double occupancy); ground transportation between train station in Montauk, New York and hotel (awarded as voucher to ride-hailing service of Sponsor’s sole choosing; voucher is subject to terms and conditions of use of ride-hailing service); and a $1,000 gift card (issuer is of Sponsor’s sole choosing; gift card is subject to issuer’s terms and conditions of use).  All travel arrangements will be determined by Sponsor in its sole discretion.

 

c.       Alcohol beverages are not part of the prize.

 

d.      Trip must be taken in mid September to late October 2022 (Sponsor will provide exact travel dates at time of winner notification if not sooner). If Grand Prize winner is not available on such dates for any reason, prize will be forfeited without compensation and an alternate winner may be selected (time permitting).

e.       Trip is offered subject to availability and other restrictions.

f.        Winner and his/her/their guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner (including following all private guidance and governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; such as, maintaining social distancing, quarantines, mask-wearing and testing for the virus) and following instructions of travel service/prize suppliers; and, should winner and/or guest fail to do so, prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the winner and/or guest, as applicable.

g.      If winner chooses to travel without a guest, if guest does not timely return a Liability Release and a Publicity Release [where lawful] (as per Rule 8d below) or if guest does return a Liability Release and a Publicity Release [where lawful] but is a “no-show” at time of prize travel, prize will be awarded in increments appropriate for the one (1) traveler (i.e., the winner him/her/themselves) and no substitute prize or compensation will be awarded and, accordingly, the prize value will be less than the amount indicated below.

h.      If Sponsor determines in its sole discretion that winner’s residence is not within reasonable driving distance of a train station, Sponsor will replace train travel with another mode of transportation of its sole choosing. Depending on location of winner’s residence, such alternate mode of transportation will be either via ground or air. Should such alternate mode of transportation result in the prize value being less than the amount indicated below, no substitute prize or compensation will be awarded.

i.        If winner lives within reasonable driving distance of Montauk, New York (as determined by Sponsor in its sole discretion), Sponsor will replace train travel with ground transportation, with no substitute prize or compensation being awarded and, accordingly, the prize value will be less than the amount indicated below.

j.        Any and all unspecified expenses incurred in conjunction with prize travel (meals, souvenirs and other incidentals) are the sole responsibility of winner and guest.

k.      Prize must be accepted as set forth above; if any element of prize is unclaimed or unused by winner, such prize element will be forfeited without compensation.

l.        Approximate Retail Value of Grand Prize is $5,000.00. Retail value of Grand Prize may vary depending on point of departure and other factors.

 

7. Winner Determination

 

  1. Winner will be determined in a random drawing on or about September 13, 2022 to be conducted by an independent third-party judging organization (“Judges”), whose decisions will be final in all matters relating to the Sweepstakes.

 

  1. For persons entering via post of Oyster Pairing Photo on his/her/their personal Instagram account, provided that the Oyster Pairing Photo complies with these Official Rules (including Rule 4 above), the quality and nature of the Oyster Pairing Photo will not be taken into account in the winner selection procedure.

 

  1. Odds of winning the prize will be determined by the total number of eligible entries received.

 

8. Winner Notification

 

  1. If winner entered via posting of Oyster Pairing Photo, he/she/they will be notified by direct message from @talisker on or about September 13, 2022.  BE SURE THAT YOUR INSTAGRAM SETTINGS ALLOW FOR @talisker TO CONTACT YOU VIA DIRECT MESSAGE.

 

  1. If winner entered via postal mail, he/she/they will be notified by e-mail (if provided), phone and/or postal mail as determined by Sponsor in its sole discretion.

 

  1. Regardless of method of entry utilized, winner will be required to sign an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within three (3) days of notification (or such shorter time as indicated thereon) or prize will be forfeited and may be awarded to another winner at Sponsor's sole discretion, time permitting. If winner cannot be located or does not respond to attempt to be notified within forty-eight (48) hours, prize will automatically be forfeited, and an alternate winner may be selected at Sponsor's sole discretion (again, time permitting).

 

  1. Guest must sign and return a Liability Release and a Publicity Release (where lawful) within three (3) days of notification of winner (or such shorter amount of time that Sponsor may designate at time of winner notification).

 

  1. Winner and guest each agree that a digital or “e” signature shall have the same legally binding effect as a hand-signed document. If Sponsor and/or Judges conclude in their sole discretion that the digital/”e” signature is unreliable or inadequate,  Sponsor may (a) with regard to winner, condition award of the prize upon the winner hand-signing the Affidavit of Eligibility, a Liability Release and a Publicity Release [where lawful] and/or (b) with regard to guest, conditioning accompanying winner on trip upon the guest hand-signing a Liability Release and a Publicity Release [where lawful].

 

  1. Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes by Sponsor without additional compensation.

 

5.  Eligibility: 

 

  1. This Sweepstakes is open only to legal U.S. residents of New York State, New Jersey or Connecticut, who are 21 years of age or older at the time of entry.  Void elsewhere and where prohibited or restricted by law. 
  2. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., its affiliates, printers, advertising, and promotion agencies (including Judges), alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply. 

 

6.  General Conditions:

 

a.       Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules.

b.      No substitution or cash equivalent of prize except at Sponsor’s sole discretion.  (The preceding excludes the gift card element of prize to the extent that applicable law allows for the redemption of gift card for its cash value by holder.) All federal, state and local taxes on the prize are sole responsibility of winner.

c.        By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize.

d.      It is the winner’s sole responsibility to arrange transportation to and from rail station near his/her/their residence as selected by Sponsor; and winner and his/her/their guest must travel together on the same itinerary as set by Sponsor in its sole discretion.

e.        Sponsor reserves the right to conduct a background check of any criminal records of prize winner and his/her/their guest.  To the extent necessary and permitted by law, prize winner and guest shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify prize winner and/or guest based on the background check.

f.        Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.

  1. Entrants hereby agree to indemnify and hold Sponsor and Meta Platforms, Inc. harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above and/or participation in this Sweepstakes (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of the prize awarded (including any travel or activity related thereto). SPONSOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND REGARDING THE PRIZE INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE. THE ONLY WARRANTY – IF ANY – IS THAT OF THIRD PARTY PRIZE SUPPLIER PROVIDING THE PRIZE ELEMENT IN QUESTION.

 

  1. The value of the prize won by a participant under the sweepstakes may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) and a subsequent IRS Form 1099 which will reflect the total value of the prize.  Upon receipt of the prize, the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.  

 

  1. In consideration of his/her receipt of any prize,  prize winner for himself or herself and his or her guest, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, and Meta Platforms, Inc. from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Sweepstakes, including, but not limited to, prize winner’s participation in the Sweepstakes; prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

 

  1. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion at any time without notice or further obligation.  

 

7.  Electronic Entries:

 

  1. In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address associated with the Instagram handle used for Sweepstakes participation. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses.
  2. Sponsor is not responsible for lost, late, damaged, illegible, misdirected, or incomplete entries, or for on-line entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. (The preceding includes but is not limited to filtering by or other operation of the functionality of Instagram.) 
  3. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Instagram users or by any human or technological error that may occur in the processing of entries in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes.
  4. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE/MOBILE WEBSITE OR 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 SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

8.  Winner’s List:  Please send a request by e-mail to taliskercontest@hunterpr.com  Be sure to include TALISKER “ONE FOR THE SEA” WINNER in the subject line.   All requests for the winner’s list must be received by October 3, 2022 at 9:00 a.m. ET.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.

 

Sponsor:  Diageo Americas, Inc., New York, NY

 

TALISKER Single Malt Scotch Whisky.  45.8% Alc/Vol. Imported by Diageo, New York, NY.

 

Please Drink Responsibly.