Terms & Conditions

OFFICIAL RULES

ELIGIBILITY: The Seagrams Escapes Holiday Marketplace Contest (the “Contest”) begins accepting applications at approximately 12:00:01 AM Eastern Standard Time (“EST”) on 10/01/20 (“Start Date”) on a running basis until 11:59:59 PM EST on 10/15/20 (“End Date”) (the “Application Period”). The Contest is open to any natural person of any gender who meets the following eligibility requirements: (i) the entrant is a legal resident of one of the fifty (50) states or the District of Columbia; (ii) the entrant is 21 years of age or older at the time of entry; (iii) the entrant must be the founder or co-founder of a Black owned business; (iv) the entrant’s business must be operating for the last two (2) or more years; (v) the entrants must own a business that has a product or service in market and generating revenue; (vii) the entrant must own a business that sells a consumer product or service; (vii) the entrant must have a compelling digital presence and supporting media; and (viii) the entrant’s business cannot primarily market to or benefit children or those who are under the age of 21. Employees of High Falls Operating Co, LLC d/b/a The Seagrams Beverage Company (“Sponsor”), Sponsor’s advertising/promotions agencies, Sponsor’s partners, alcoholic beverage licensees, and any other individual, company or organization involved with the design, sponsorship, or operation of this Contest, and each of their respective parent, subsidiary, and affiliated companies, and the immediate family members (children, spouse, parents, siblings) and individuals of the foregoing residing in the same household, whether or not related, are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of Sponsor.

HOW TO APPLY: To enter the Contest, each entrant must complete and submit the contest entry form (hereinafter “Entry Form”) found on the contest site located at seagramsescapes.com/holiday-shop, including completion of all elements of the Entry Form (hereinafter, an “Entry”). The written portion of the Entry must not exceed 1,000 words in total length. Each Entry (including the Entry form and all other data, information, images, content, and other materials included in the Entry) must comply with the following: (i) it must be entirely the original work of the entrant; (ii) it must not contain any individual’s photograph, likeness, name, voice, or other element of persona and identity unless the entrant has obtained all releases and consents from such individual necessary to enter the Entry in the Contest (or the parent/legal guardian for any minor depicted), and to grant the rights in the Entry as provided in these Official Rules; (iii) if a professional image or video is submitted, you are responsible for securing usage rights from the photographer or videographer to reproduce, distribute, display, and create derivative works of the image by Sponsor and their respective agents, in connection with the Contest and promotion of the Contest and Sponsor in any media now or hereafter known; (iv) it must not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party; (v) all information provided in the Entry must be true, accurate, and correct in all respects; (vi) it must not be created or submitted through any script, macro, or other automatic method; (vii) it must comply with these Official Rules and all applicable Laws; (viii) it must be suitable for publication to a general audience and must not contain anything that: (a) is illegal, abusive, tortious, defamatory, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; (b) promotes discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or age; (c) promotes violence or unsafe or illegal activity; (d) is threatening, harassing, or degrading; (d) serves to impersonate any person or entity or misrepresent affiliation with any person or entity; or (e) disparages or injures the reputation or goodwill of the Sponsor, Administrator, the prize providers, or any of their respective officers, directors, employees, products, or services. There is a limit of one (1) Entry per business. Submissions in excess of the maximum allowed from any one business will be disqualified.

JUDGING AND WINNER DETERMINATION: Following the close of the Application Period, all eligible Entries will be reviewed and evaluated by Sponsor and its Administrators (“Evaluation Period”). The actual duration of the Evaluation Period will be determined in Sponsor’s sole discretion and is subject to change. Entrants will be judged based on (i) their compelling story of entrepreneurship (up to 50 points), and (ii) their compelling rationale for how grant money will be used (up to 50 points). Winners will be determined solely by Sponsor and its Administrators. In all cases, potential Winners must meet the requirements of these Official Rules to officially qualify as the Winners, subject to verification.

PRIZES AND SELECTION OF BUSINESSES: At the end of the Evaluation Period and subject to confirmation of eligibility, Sponsor will select three (3) eligible Entries as the winners (individually “Winner” or collectively “Winners”.) Each Winner will receive the following prize (“Prize”): ten thousand dollars ($10,000.00). The ARV of each Prize is $10,000.00 The total ARV of all Prizes is $30,000.00. There is a limit of one (1) Prize per Business/Business Owner. All costs and expenses not specifically included as part of the Prize, including but not limited to taxes, are the Winner’s responsibility to pay. The Prize will be awarded in the form of a check payable to the Winner’s business entity or to the Winner directly. Alcohol is not being awarded as a part of the Prize.

CONDITIONS: Entrants must be 21 years of age or older at the time of entry. All Entries must be received by the end of the Application Period. Entries will not be acknowledged or returned. Proof of transmission of an Entry does not constitute proof that it was received. Incomplete, unreadable, late, or unintelligible Entries are void and will be disqualified. In the event of a dispute as to the identity or eligibility of an entrant, the Entry will be deemed to be made by the "Authorized Account Holder" of the email address listed in the Entry, provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable service provider or other organization (such as a business or educational institution) has assigned the email address. An entrant may not use multiple email or social media accounts to enter, and if an entrant does so, all of such entrant’s Entries may be disqualified. Entries that do not comply with the requirements of these Official Rules (as determined by Administrator/Sponsor in its sole discretion) are void and will be disqualified. Entrants may be required to submit proof of compliance with these requirements, and failure to provide such proof on request may, in Administrator/Sponsor’s sole discretion, disqualify an entrant’s Entry. Neither submission of an Entry nor any other participation in the Contest creates any confidential, fiduciary, agency, employment, or other relationship or contract between Sponsor/Administrator and any entrant, and by submitting an Entry each entrant acknowledges that no such relationship or contract exists. By entering the Contest, each entrant represents and warrants to Administrator/Sponsor that: (i) the entrant’s Entry meets all of the requirements outlined in these Official Rules; (ii) the entrant meets all the eligibility requirements for the Contest; and (iii) the entrant has complied with these Official Rules and all applicable Laws in entering and participating in the Contest. The Winner may be required, in Sponsor’s discretion, to sign and return an Affidavit or Eligibility and Liability/Publicity Release prior to receiving the Prize. Potential Winners must respond to and return all required documentation provided by Sponsor along with any requested information or documentation within five (5) days of notification of Winner selection. If a potential Winner is found to be ineligible, has not complied with these Official Rules, or declines the prize(s) for any reason prior to being awarded, such potential Winner will be disqualified and forfeit his or her prize, and an alternate Winner may be determined by the Administrator from the pool of remaining entrants based on the judging Criteria described in these Official Rules. Each Winner shall be solely responsible for all federal, state, and/or local taxes (including income, and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize. Sponsor will report the value of the Prize awarded as required by law and the Winner will receive an IRS Form 1099 for prizes valued in excess of $600.00. The Prize is not transferable, not for resale or auction, and has no cash surrender value. The Sponsor reserves the right, in the event that the Prize cannot be awarded for any reason, to substitute another prize or service of equal or greater value. No purchase is necessary to enter or win the Contest. A purchase will not increase chances of winning. Entrants, by participating in this Contest, hereby waive and release, and agree to hold harmless, indemnify, and defend the Sponsor and its affiliated, parent, and subsidiary companies and the directors, officers, employees, and agents of each (collectively the “Released Parties”), from and against, any claim for injuries (including death) loss, or damage, arising in whole or in part, from the acceptance, possession, use or enjoyment of the Prize; Entrant’s Entry and all content contained therein; any action, omission, or misrepresentation by Entrant or their participation in the Contest, or in any Prize-related activity. By participating in the Contest, entrants agree to be bound by the Official Rules, (including the conveyance of ownership rights of the winning Entry to Sponsor), and the decisions of the Sponsor, which are final. Except to the extent prohibited by Law, by acceptance of a prize, each Winner agrees that the Sponsor and its related and affiliated companies may use all personal information including but not limited to Winner’s name, address (city, state), photograph, likeness, business name and logo, business address and web address, business social media content, and/or statements made by or attributed to the Winner relating to Sponsor or to the Contest for advertising, publicity and promotional purposes in any and all media now or hereafter known, worldwide in perpetuity, without further notice, permission and/or compensation. By submitting an Entry, each entrant irrevocably grants Sponsor and its designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to use the Entry and any other data, information, images, content, or materials included in such Entry, in any media now known or hereafter devised, throughout the world for brand promotional purposes and related activities. Sponsor is not obligated to use any of the above-mentioned data, information, images, content, or materials, but may do so and may edit them in Sponsor's sole discretion, without further obligation or compensation. Each entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Entry or exercise of any rights granted to Sponsor, and each entrant agrees not to sue or assert any claim against the Sponsor and Parties with respect to such use.

LIMITATIONS OF LIABILITY: Sponsor and its affiliated companies, advertising, promotion or production agencies and all of their respective officers, directors, representatives, agents and employees are not responsible for lost, late, delayed, inaccurate, incomplete, or misdirected votes, or for electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind including any injury or damage to any person’s electronic equipment related to, or resulting from, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or votes, voting, or in any Contest-related materials. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) in its discretion and at any time for any reason and to not select a winning Entry or to award a Prize. In the event a dispute arises regarding an Entry submitted electronically, the Entry will be deemed to have been made by the authorized email account holder who is defined as the natural person who was assigned the email account from which the Entry was received. The Contest is subject to all applicable federal, state and local laws. Headings are provided for convenience only. Sponsor will not acknowledge receipt of any Entry. Sponsor is not responsible or liable for any loss, damage, inconvenience, or loss of time arising out of any acts, omissions, or negligence, of any person, including, without limitation, transportation carriers and any person providing any service or accommodation in conjunction with any component of the Prize awarded in the Contest, or for delays and cancellations including, but not limited to those resulting from mechanical breakdown, closings, strikes, government action, inclement weather, or Acts of God. Information provided to participate in the Contest is subject to Sponsor’s Privacy Policy which can be found at www.fifcousa.com/privacy-policy. Void wherever prohibited or restricted by law.

DISPUTE RESOLUTION: Any disputes regarding the Contest shall be governed by New York law and resolved in courts sitting in Erie County, New York. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney fees. BY PARTICIPATING, THE APPLICANT AGREES TO WAIVE ANY RIGHTS TO BRING A CLAIM AGAINST THE RELEASED PARTIES AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND WAIVES ANY AND ALL CLAIMS FOR PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES.

FACEBOOK/INSTAGRAM/TWITTER DISCLAIMER: The Contest may be advertised on or accessed through one or more social media platforms, such as Facebook, Instagram or Twitter. However, the Contest is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. Entrants agree to comply with all terms and policies governing such platforms in connection with the Contest.

WINNER’S LIST: For the name and address (city and state) of the Winner, send a written request within forty-five (45) days of the End Date to:

SPONSOR: The Seagrams Beverage Company, Rochester, New York is the Sponsor of this Contest. Any trademarks or trade names used are property of their respective owners.