Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Saratoga Supper Club Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Employees of BlueTriton Brands, Merkle Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: BlueTriton Brands, Inc., Building 2, 900 Long Ridge Road, Stamford, CT 06902.
Administrator: Merkle Inc. (previously known as HelloWorld, Inc.), 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins on September 9, 2024 at approximately 10:00 a.m. Eastern Time ("ET"), ends on September 31, 2024 at 11:59 p.m. ET (the "Promotion Period"). Instagram's servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation Requirements: To participate, you will need to have a personal Instagram account (“Account”). Creating an Account is free but subject to Instagram’s legal terms: (http://instagram.com/about/legal/terms/#) If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Entry Requirements: During the Promotion Period, locate Sponsor’s “Sweepstakes Post” that advertises this program. The post will be viewable on the @SaratogaWater Instagram page. Take the following actions to receive an entry:
(a) Follow @SaratogaWater on Instagram;(b) Comment on the Sweepstakes Post and “at mention” one (1) person with whom you have a personal relationship that meets the eligibility requirements for this Sweepstakes (herein “Comment”);
(c) Your Comment need not include any reference, positive or negative, to Sponsor’s products or services, and including such a reference will not improve your chance of winning. However, your Comment must not violate any of the Content Restrictions listed below; and
(d) You must not change your Instagram handle once you post a Comment to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).
Content Restrictions for your Entry:
- Your Comment must be your original work;
- You must have permission to include the Instagram handle of other individuals and to grant the rights set forth in Section 5. You should not @ mention any minors (or otherwise ineligible individuals) in your Comment. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
- Your Comment must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
- Your Comment must not disparage Sponsor or any other parties;
- Your Comment must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks, or any other intellectual property other than those of the Sponsor;
- Your Comment must not make references to or include: alcohol, illegal drugs, marijuana, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
- Your Comment may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- Your Comment may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.
By posting a Comment that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any Comment that it finds unlawful, or in violation of these Official Rules.
Entry Limit: Entrants may receive multiple entries by posting separate Comments, each including an @ mention to a unique individual. Posting a single Comment that @ mentions multiple persons/handles will only qualify as one (1) entry. Multiple entrants are not permitted to share the same Account.
Limitations: Any attempt by any entrant to obtain entries by using multiple/different Accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information submitted by the entrant to participate in this Sweepstakes. If any additional information provided by entrant is inconsistent with the information provided at entry for this Sweepstakes, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won. Sponsor, in its discretion, may require additional documentation from entrant to show proof of entrant’s identity.
5. Sponsor’s Use of Social Post Content: Posting a Comment constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Comments in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Comment.
6. Prize Drawings: Administrator’s decisions as to the administration and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period. The potential winner will be notified by @SaratogaWater as a private message and will be directed to a secure website and required to supply their name, email address, mailing address, and date of birth to confirm eligibility within three (3) days of the date notice or attempted notice is sent in order to claim the prize. Next, Administrator will email the potential winner providing a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration") and asking that potential winner (or parent/legal guardian if winner is a minor in his/her state of residence) to sign and return the Declaration to Administrator within three (3) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
7. Prize: ONE (1) GRAND PRIZE: A trip for two (2) to Miami, FL December 1 – December 5, 2024 to attend Miami Art Week. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Miami, FL; round trip ground transportation from winner’s home to the airport and from the airport to the Miami hotel; four (4) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); two (2) passes to attend Design Miami on December 3 – December 4, 2024; invitation for winner and guest to attend dinner party featuring Chef Curtis Stone on December 2, 2024 (all details determined by Sponsor), roundtrip transfers to the dinner event, and a $500 spending allowance. Sponsor will also provide winner a check for $3,400, which is intended to assist the winner with any federal, state, or other tax obligations related to the Grand Prize (the “Tax Gross-Up Payment”). Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner must have proper identification and a valid credit card for hotel check-in and to cover incidental expenditures. Travel companion must be at least twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. By traveling and attending event, winner and winner’s guests voluntarily assume all risks related to exposure to COVID-19. Winner and travel companions are responsible for complying with any COVID-19 requirements set forth by airline, rental car vendor, hotels, excursion and event venues or other vendors offering services that are part of the trip prize. Failure to comply with any required COVID-19 requirements, may result in forfeiture of the prize or elements of the prize. Forfeiture of any aspect of the trip due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if Dinner Event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $12,325 Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Winner will receive an IRS Form 1099 reporting the value of the prize. The Grand Prize winner’s actual tax liabilities related to the Grand Prize could exceed the Tax Gross-Up Payment. The Grand Prize winner is solely responsible for all applicable federal, state, or other tax obligations related to the Grand Prize. Sponsor will not provide any further assistance toward the winner’s tax obligation. Odds of winning the Sweepstakes prize depend on the number of eligible entries received during the Promotion Period.
Total ARV of Website Entry Period Prizes: $123825.
8. Release: By entering this Sweepstakes, entrants agree to release and hold harmless Sponsor, Administrator, Instagram, Inc., Meta Platforms, Inc., Curtis Stone, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, submission, photograph (including, without limitation, winner's Instagram profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, social media platforms, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected submissions or failure to receive submissions due to limitation of third-party social network platforms or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, 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 shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (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, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information:Information collected from entrants is subject to Sponsor’s Privacy Policy https://www.bluetriton.com/privacy-policy.
14. Winner List:For a winner list, please click HERE. The winner list will be posted after winner confirmation is complete.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc./Meta Platforms, Inc.