CLONTARF IRISH WHISKEY®
"THE NEW IRISH" PHOTOGRAPHY CONTEST 2008
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
CLONTARF IRISH WHISKEY "THE NEW IRISH" PHOTOGRAPHY CONTEST DESCRIPTION: Participants age 21 and older will get the chance to win $5,000. To enter, go online to www.clontarfwhiskey.com, complete the official entry form, submit a digital photograph consisting of one (1) original photograph and a description (not to exceed 50 words) of how the photograph embodies or represents the spirit of "The New Irish". All photographs will be judged based on overall composition and creativity, as described in the "Criteria for Judging" section in the rules. One (1) winner will be selected from all of the eligible entries.
1) HOW TO ENTER: Enter online at www.clontarfwhiskey.com by completing an official entry form, submitting one (1) original digital photograph and a description (not to exceed 50 words) of how the photograph embodies or represents the spirit of "The New Irish" (collectively, the "Entry Materials"). Online entries will be accepted from 12:01 a.m. Eastern Time ("ET") on July 15, 2008 until 11:59 p.m. ET on October 31, 2008 ("Promotion Period"). Castle Brands (USA) Corp. and Clontarf Irish Whiskey, ("Clontarf", and together with Castle Brands (USA) Corp., the "Sponsor"), STC Associates, and Kaleidoscope Promotions, Inc. ("KPI") (collectively, the "Contest Entities") and their affiliates, promotional partners, sales representatives, distributors and promotion and other vendor agencies involved in this promotion are not responsible for lost, late, or misdirected entries or the operation of the Sweepstakes. Entries will be screened for compliance with contest requirements; non-complying entries are not eligible. Proof of identity / age may be required. There is no limit on the number of entries allowed. All entries become the property of Sponsor and will not be returned.
2) ELIGIBILITY: All entrants must be legal U.S. residents residing in the 50 United States (includes DC), other than California and Tennessee, ages 21 or older as of July 15, 2008. Principals and employees of the Contest Entities and each of their parent companies, subsidiaries, affiliates, sales representatives, agencies, retailers, wholesalers, distributors, alcoholic beverage licensees, and promotional and other vendor agencies involved in the promotion, and the immediate relatives (spouse, child, sibling, parent) and those residing in the households of all such principals and employees, are not eligible. The contest is void in California, Tennessee and otherwise where prohibited or restricted by law.
3) CRITERIA FOR PHOTOGRAPH PORTION OF ENTRY: Photograph must consist of one (1) original digital image file submitted in JPEG, TIFF, PNG or BMP format and no larger than 8MB in size. All entries will be reviewed equally and a winner will be selected in the judges' sole discretion based on the criteria stated in Section 4 below. Any photograph that, in the opinion of the judges, (i) is not consistent with the Clontarf brand or reputation in the marketplace, including its reputation for quality and integrity, (ii) does not reflect the goals of the promotion, (iii) contains any type of vulgarity or inappropriate or objectionable content, (iv) contains any third party work or intellectual property right without the right holder's permission, will be eliminated in the judges' sole discretion. All Entry Materials must be the sole and original work of the entrant and must not violate the rights of other parties, including but not limited to any intellectual property, trade secret or other proprietary rights of any other parties. The decisions of the judges are final. All submissions become the property of the Sponsor excluding the Grand Prize winner's original image as outlined in section 6 (Prize and Approximate Retail Value) and section 7 (Assignment of Rights) below. By submitting an entry, entrant represents and warrants that: (i) the Entry is the sole and original creation of entrant and has not been copied in whole or in part from any other work; (ii) the Entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity; (iii) the Entry contains no third party materials that the entrant does not have rights to, (iv) any person(s) depicted in a submitted photograph has given his or her express consent to its submission into the contest and use as contemplated by these Official Rules and (v) the submitted photograph was taken by Entrant and Entrant otherwise has the right to grant the rights to the photograph as contemplated herein.
4) JUDGING CRITERIA: Odds of winning depend on the number and quality of entries received. Entries will be screened and judged as they are received. The judging panel will consist of representatives from Clontarf Irish Whiskey. All submissions will be reviewed by the judges and ranked based on the following four categories: originality, composition, adherence to theme, and quality of image.
5) WINNER NOTIFICATION: The potential winner will be notified, by phone or mail at Sponsor's discretion on or about November 15, 2008. The potential winner must (a) complete a Publicity Release, Assignment of Rights, and otherwise comply with "Assignment of Rights" provisions of these rules, below; (b) complete an Affidavit of Eligibility and Liability Release; (c) complete a Tax Acknowledgement Form; and (d) any other participation agreements required by the Sponsor. Further proof or verification of identity and qualifications may be required along with a background and/or records check. Failure to oblige will result in disqualification. Confirmed and verified winner will be announced and listed on www.clontarfirishwhiskey.com on or about December 1, 2008.
6) PRIZES AND APPROXIMATE RETAIL VALUE: One (1) Grand Prize: One (1) Entrant will receive Five Thousand Dollars ($5,000.00). Total approximate retail value ("ARV") of Grand Prize is Five Thousand Dollars ($5,000.00). Winner must agree that he/she will not endorse competing distilled spirits products, nor allow his/her Entry Materials to be used to endorse competing distilled spirits products, during the one-year period following notification of the award, or an alternate winner will be selected. Winner is responsible for all federal, state, and local income taxes and other taxes associated with the prize. If the winner is unable to accept the prizethe winner shall forfeit the prize in its entirety and an alternate winner will be selected, time permitting. Prize consists only of those items specifically listed as part of the prize. No transfer or assignment of prizes is permitted. Prizes may not be substituted, except by Sponsor, who may substitute a prize of equal or greater value at its sole discretion.
7) ASSIGNMENT OF RIGHTS: As between Entrant and the Sponsor, except as otherwise provided for herein, all Entry Materials, excluding the underlying copyrights and any rights related to compensation for their exploitation, shall be exclusively owned by the Sponsor and will not be returned. To be considered for a prize and as a condition of participation, entrants hereby irrevocably assign and transfer all rights, title and interest in their Entry Materials, excluding their copyrights, patent rights and all other proprietary or income rights, to the Sponsor. Entrants further agree to any additional written authorization, assignment or other papers requested by the Sponsor in connection with the transfer and assignment of rights to their Entry Materials, and such written papers will be required as a condition of awarding a Prize, or other winners will be selected. Notwithstanding the foregoing, Sponsor obtains the right to use, edit, and publish, in whole or in part, any and all Entry Materials for use on the Sponsor's website or in other promotional materials or any and all other media now known or hereinafter invented at its sole discretion, within the marketing term of November 15, 2008 – November 15, 2009 ("Marketing Term"), without providing any additional compensation or consideration to the entrants.
8) ADDITIONAL RULES: Entry constitutes acceptance of all rules. All federal, state and local laws and regulations apply. By entering, participants grant the Contest Entities permission to use their names and/or likenesses for advertising or publicity without further compensation, unless prohibited by law. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or their redemption or use of their prize. By participating in this Contest, entrants agree to be bound by the Official Rules and the decisions of the judges, whose decisions are final, and agree to release the Contest Entities, the fulfillment company and all parties related thereto, all marketing partners and each of their respective parent companies, subsidiaries, affiliates, and each of their respective directors, officers, employees, agents and all others associated with the development and execution of this Contest from any and all liability from injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize. Sponsor is not responsible for any typographical or other error in printing, or in the offering or the announcement of prizes. Sponsor is not responsible for lost, late, mutilated, misdirected, undelivered, or illegible entries or notifications.
9) ONLINE REGISTRATION: If for any reason the Contest, including the online portion, is not capable of running as planned, including disruptions caused by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause that corrupts, affects or compromises the administration, security, fairness, integrity, proper conduct or intended play of the Contest, Sponsor reserves the right at its sole discretion to disqualify any of the Contest Entities deemed responsible and Sponsor further reserves the right to cancel, terminate, modify or suspend the Contest, and, if appropriate, select an alternative method of prize award it deems appropriate in its sole discretion. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problem or traffic, congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Contest entries generated by a script, macro or other mechanical or automated means are ineligible and will be disqualified. All online entries must include a valid e-mail address for the entrant. In the event of dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at the time of the entry. The "Authorized Account Holder" is the person to whom the applicable Internet service provider or other organization (such as business or educational institution) has assigned the e-mail addresses for the domain associated with the submitted e-mail address.
10) WINNER LIST: For the name of the Grand Prize Winner, send a self-addressed stamped envelope postmarked by April 30, 2009 and received by May 5, 2009 to: Clontarf Irish Whiskey "The New Irish" Contest, Attn: Winners List, PO Box 130395, The Woodlands, TX 77393.
11) SPONSOR: This contest is sponsored by Castle Brands (USA) Corp., 570 Lexington Avenue, New York, NY 10022. Clontarf® Irish Whiskey is a registered trademark of Castle Brands Inc., New York, NY. Copyright Castle Brands Inc. 2008.
12) ADMINISTRATOR: The Contest is administered by Kaleidoscope Promotions, Inc, PO Box 130395, The Woodlands, TX 77393.