THE FOLLOWING SWEEPSTAKES IS VOID IN ALASKA, FLORIDA, HAWAII, NEW YORK, OUTSIDE THE UNITED STATES AND WHEREVER PROHIBITED. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT 21 OR OLDER AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. THIS SWEEPSTAKES WILL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE FEDERAL AND STATE LAW.
THE TOAST Home bar SWEEPSTAKES
1. NO PURCHASE NECESSARY. Making a purchase will not improve your chances of winning. The Toast Home Bar Sweepstakes (“Sweepstakes”) sponsored by Jim Beam Brands Co. (“Sponsor”) begins 12:00:00 a.m. Eastern Time (“ET”) on August 3, 2021 ends 11:59:59 p.m. ET on August 10, 2021 (“Sweepstakes Period”). At Sponsor’s sole discretion, the Sweepstakes Period may be extended, by one (1) hour increments, if an insufficient number of eligible Participants have been selected as winners and eligible to be awarded a Prize within the Sweepstakes Period. You may enter the Sweepstakes via Instagram, as described in Rule 3 noted below. Individuals who participate in the Sweepstakes or submit an entry are sometimes referred to herein as an “Participant.”
2. Eligibility: This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia (“D.C.”) who are 21 years of age or older at the time of entry. Employees, directors, officers and agents of Sponsor, their parent, affiliate, and subsidiary companies, their advertising and promotion agencies, any alcoholic beverage industry wholesalers, distributors, or licensed retailers, and members of their immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. This Sweepstakes is void in Alaska, Florida, Hawaii, New York, outside the 50 United States/D.C. and where prohibited by law.
3. How to Enter:
Entry via Instagram: Beginning 12:00:00 a.m. ET on August 3, 2021, Sponsor will post a call to action from the @basilhaydens Instagram handle (the “CTA Post”). As soon as the CTA Post is issued, eligible Participants may participate in the Sweepstakes as provided herein.
After the CTA Post is made, during the Sweepstakes Period, Participant must a) log into their Instagram account; b) “like” the CTA Post image; c) tag one (1) friend, friend must be legal purchase age or older; to be added to the brand’s ‘Close Friends’ on Instagram, to receive one (1) entry into the Sweepstakes (“Entry”). You must be a registered user of Instagram and follow @basilhaydens on Instagram in order to enter the Sweepstakes via Instagram. Instagram registration is free and can be obtained by logging on to www.instagram.com and following the online instructions to open an account.
By submitting an Entry, you grant Sponsor the right to display your name and the name of your account on social media, including but not limited to Twitter, Instagram, Pinterest and Facebook, and on the Basil Hayden website (www.basilhaydens.com), without limit. Entries will be deemed made by the authorized account holder of the e-mail address associated with the social media account used to submit an entry. The “authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winning is contingent upon fulfilling all requirements of these Official Rules.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data and messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Check your mobile device’s capabilities for specific instructions.
4. Entry Errors/Tampering: Sponsor reserves the right to void all entries made through any third-party web site or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a web site/ service or entry method, as applicable. Sponsor is not responsible for: any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (v) any entries submitted in a manner that is not expressly allowed under these Official Rules; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vii) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prizes or prize winners; (viii) cheating or fraud by any participant.
All incomplete or non-conforming entries will be disqualified. All entries become Sponsor’s property and will not be returned.
If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible non-suspect entries received as of the date/time of termination. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Further Entry Conditions: Limit one (1) entry per person/household. If more than one (1) entry is received per person or household during the Sweepstakes Period, by any means including, but not limited to, establishing multiple e-mail accounts or cell phone numbers, all such entries, and the person/household that submitted them, will be disqualified. Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor. By entering, entrants acknowledge their compliance with and agreement to be bound by these Official Rules and the Sponsor’s decisions. All entries become the property of Sponsor and will not be returned.
6. Drawing/Odds of Winning: Prize Winners will be determined in random drawings from among all eligible entries received during the Sweepstakes Period. The drawing will be conducted on or about the day following the end of the Sweepstakes Period by Sponsor, or Sponsor’s agent whose decisions will be final in all matters relating to this Sweepstakes. Odds of winning will be determined by the total number of eligible entries received during the Sweepstakes Period. EACH ENTRANT IS ELIGIBLE TO WIN ONLY ONE (1) PRIZE DURING THE SWEEPSTAKES PERIOD. Prize winners, following verification of the winners, and may be announced by news release. Winning is contingent upon fulfilling all requirements of these Official Rules.
Grand Prize: One (1) Grand Prize Winner will be selected among all eligible Entrants, in accordance with these Official Rules. The Grand Prize will consist of one (1) home bar makeover package for Grand Prize Winner which includes a private consultation with a designer to co-create your home bar furniture piece by Fort Standard. The exact details of the home bar makeover will be determined by Sponsor in its sole discretion. Sponsor and any other prize fulfillment agents, contractors or entities (collectively “Prize Suppliers”) will not be responsible for or participate in any plumbing, HVAC, structural, flooring, or insulation-based activity and are not responsible for handling or disposing of pre-existing furnishings, are not required to incorporate any of the chosen Winner’s items into the new design, are not required to take direction from Winner, and will not return outdoor space to its original condition. Prize suppliers will not engage in extensive electrical or drywall-based activity beyond basic installation of light fixtures. Sponsor will work with the Grand Prize Winner to make arrangements for moving and storage of any items that will not remain in the space being made over. The ARV for the Grand Prize is twenty-five thousand dollars ($25,000.00).
THE GRAND PRIZE WINNER MUST BE AVAILABLE FOR A MUTUALLY AGREED UPON DELIVERY DATE BETWEEN JANUARY 1, 2022 – MARCH 31, 2022. IF WINNER IS UNABLE TO ACCEPT THE PRIZE WITHIN THE TIMELINE SPECIFIED, THE WINNER SHALL FORFEIT THE PRIZE IN ITS ENTIRETY AND AN ALTERNATE WINNER WILL BE SELECTED, TIME PERMITTING, BASED ON THE CRITERIA DESCRIBED ABOVE IN RULE 6.
The total value of all awarded Prizes is twenty-five thousand dollars ($25,000.00). Any difference between the stated ARV and actual value of prize will not be awarded in any form. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed except by Sponsor in its sole discretion, or as otherwise provided herein. Sponsor may substitute a prize (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailable for any reason. All income taxes on prize is the Winner’s sole responsibility. WINNER WILL BE ISSUED AN IRS FORM 1099 FOR THE VALUE OF THE PRIZE. Prize will be awarded provided it is claimed properly in accordance with these Official Rules. No alcohol will be awarded as part of the prize.
8. Verification/Prize Claim: Winners must provide positive identification specified by Sponsor to claim or participate in a prize. Winners will be required to sign and return an Affidavit of Eligibility, Liability Release and, where permitted by law, Publicity Release without additional compensation within ten (10) business days of notification or the prize will be forfeited and awarded to an alternate winner, time permitting, in a random drawing from among all remaining entries. If prize notification is returned as undeliverable, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive a prize for any reason, the corresponding prize will be forfeited and awarded to an alternate winner, time permitting, in a random drawing from among all remaining entries. Sponsor’s decisions will be final, binding and non-appealable in all matters relating to this Sweepstakes.
9. Limitations on Liability: By entering, each entrant agrees to abide by the terms of these Official Rules and by the decisions of the Sponsor, and agrees to indemnify, release, defend and hold harmless the Sponsor, its parent company, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy or merchandise delivery arising from or in connection with participation in the Sweepstakes or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her) or his/her participation in prize-related activities (if applicable), including but not limited to travel related thereto.
By accepting a prize, each winner agrees that any liability concerning or arising out of his/her prize rests solely with the common carrier on which the winner traveled, the hotel that provided lodging, or the manufacturer of the goods, (as applicable) and/or the respective affiliates of each of the foregoing. Furthermore, each winner, by accepting a prize, acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
10. Consent to Publicity: By accepting a prize, winners further consent to Sponsor’s use of his/her name, voice, statements and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice, unless prohibited by law.
11. Disputes/Venue/Governing Law: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.
13. Winners List: For the name of the winner, send a self-addressed stamped business-size envelope after August 13th, 2021 and no later than September 10, 2021 to: The Toast Home Bar Sweepstakes, c/o Day One Agency, ATTN: Kristin Compitello, 767 S. Alameda St., Suite 465, Los Angeles, CA 90021
14. Sponsor: Jim Beam Brands Co.
Basil Hayden® Kentucky Straight Bourbon Whiskey, 40% Alc./Vol. ©2021 James B. Beam Distilling Co., Clermont, KY.