OFFICIAL RULES

WHISKEYSMITH CO. MIXOLOGY MADNESS TOURNAMENT – BRACKET PARTICIPANTS

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. ENTRY INTO THE BRACKET CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL BRACKET RULES. VOID WHERE PROHIBITED BY LAW.

The Whiskeysmith Co. Mixology Madness Tournament – Bracket Participants (the “Bracket Contest”) is sponsored and administered by Old Elk Distilleries, LLC (“Sponsor”), 401 W Mountain Ave., Fort Collins, CO 80521. Participation in the Bracket Contest constitutes entrant’s full and unconditional acceptance of these Bracket Contest rules (“Official Bracket Rules”) and the decisions and interpretations of Sponsor, including, without limitation, decisions regarding eligibility, winner selection, and the awarding of Bracket Prize (defined below), which are final and binding in all matters related to the Bracket Contest.

BRACKET CONTEST PERIOD: The Bracket Contest has one (1) entry period, and begins on March 21, 2021, at 12:00 PM Eastern Time (“ET”) and ends on March 26, 2021, at 11:59:59 PM ET (“Bracket Contest Period”), with an approximate prize determination date of April 7, 2021.

Non-winning entries will not carry forward into subsequent contests or sweepstakes. The Sponsor’s computer is the Bracket Contest’s official clock.

2. ELIGIBILITY: This Bracket Contest is open only to legal residents of the fifty (50) United States (including the District of Columbia), excluding Alabama, Indiana, Maine, Maryland, North Carolina, Vermont, and West Virginia, who are at least twenty-one (21) years old at the time of entry. Employees of Sponsor, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void in Alabama, Indiana, Maine, Maryland, North Carolina, Vermont, West Virginia, and where prohibited or restricted by law.

3. HOW TO ENTER: During the Bracket Contest Period, there are two (2) ways to enter the Bracket Contest to receive one (1) Bracket Contest entry (“Bracket Entry”):

A. Facebook: An entrant must visit www.facebook.com/whiskeysmithco and follow the @Whiskeysmithco Facebook page. If you do not have a Facebook account you may sign up for free by visiting www.facebook.com and following the instructions to register for an account. Registration for and use of Facebook and other Facebook applications are subject to Facebook’s terms and conditions (https://www.facebook.com/legal/terms) and Sponsor has no responsibility with respect to such registration or use. Additionally, entrant must create their Bracket Contest bracket and submit such bracket to @Whiskeysmithco via Facebook direct message, no later than March 26, 2021, at 11:59:59 PM ET, to receive one (1) Entry into the Bracket Contest. Entrant must be a follower of @whiskeysmithco on Facebook until April 7, 2021, to be eligible to win/claim a Bracket Prize. Anyone found to use multiple Facebook accounts to enter will be ineligible. This Bracket Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.

B. Instagram: An entrant may follow the steps below to enter via Instagram:

Sign into his/her Instagram account (entrant may create an Instagram account for free if he/she does not already have one);
Entrants may create an Instagram account at no cost by logging on to http://instagram.com. Creation of an Instagram account requires a contestant to agree to Instagram’s Terms of Service and Privacy Policy, available at http://instagram.com/about/legal/terms/ and http://instagram.com/about/legal/privacy/, respectively.
Become a follower of @whiskeysmithco on Instagram (if not already following @whiskeysmithco). There is no charge to sign up for Instagram or to follow @whiskeysmithco; and
Entrant must create their Bracket Contest bracket and submit such bracket to @Whiskeysmithco via Instagram direct message, no later than March 26, 2021, at 11:59:59 PM ET to receive one (1) Entry into the applicable Bracket Entry Period.
An entrant must be a follower of @whiskeysmithco on Instagram until April 7, 2021, for potential winner notification purposes to be eligible to win/claim a Bracket Prize.

The winner will be chosen based on which entrant submitted the most accurate bracket at the end of the Bracket Contest, with bracket scoring to be determined at Sponsor’s sole discretion. By entering the Bracket Contest, entrant hereby agrees to be bound by these Official Bracket Rules. Entries will be deemed made by the authorized account holder of the Instagram/Facebook account the entry is submitted from at the time of entry. The “authorized account holder” is the person who is assigned to the Instagram/Facebook account by the online service provider. Due to the way Facebook and Instagram operate their respective services, entries from users with protected or private accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may have difficulty receiving messages or other Bracket Contest information, including Bracket Prize notifications, from Sponsor, and Sponsor assumes no liability whatsoever in connection to any such communication difficulties, delays, or impossibilities. If an entrant enters from his/her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Bracket Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.

Entry Requirements: All entries must comply with the following restrictions (“Bracket Entry Requirements”):

Entrants may not have any ownership interest in a business that holds an on or off premise retail liquor license.
Entry must be in English (except for commonly understood foreign words);
Entry must comply with Facebook’s terms and conditions (https://www.facebook.com/legal/terms) and/or Instagram terms of use located at: http://instagram.com/about/legal/terms/;
Instagram entries must be submitted from an Instagram account that must be a follower of @whiskeysmithco on Instagram until April 7, 2021.
Facebook entries must be submitted with a Facebook account that must be a follower of @whiskeysmithco on Facebook until April 7, 2021.
Entry cannot have been published previously by any party other than the entrant;
Entry must be suitable for publication (i.e., may not be obscene or indecent);
Entry cannot contain trademarks, logos, or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Sponsor’s;
Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;
Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot describe or depict any illegal activity or violation of any state or federal law;
Entry must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
Entry must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests, or encourages:
- excessive or irresponsible consumption of alcohol;
- gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
- the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.

If any entry fails to comply with any of these Bracket Entry Requirements or any other provisions of these Official Bracket Rules, at Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.

By participating in the Bracket Contest, entrant understands that he or she is providing his or her information to Sponsor and not Facebook, Inc. (“Facebook”) or Instagram, Inc. (“Instagram”). Further, entrant specifically agrees to release Facebook and Instagram from any and all liability associated with this Bracket Contest. This Bracket Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or any of their affiliates.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS BRACKET CONTEST ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS BRACKET CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS BRACKET CONTEST.

LIMIT: There is a limit of one (1) entry per person per platform per day during the Bracket Contest Period. If an entrant enters more than one (1) time per day per platform, only the first entry for such day will be included in the Bracket Contest. For purposes of this Bracket Contest, A “day” is defined as starting at 12:00 AM ET and ending at 11:59:59 PM ET on a calendar day during the Bracket Contest Period, except on March 21, 2021, when a day is defined as starting at 12:00 PM ET and ending at 11:59:59 PM ET.

4. BRACKET WINNER: On or around April 7, 2021,, Sponsor will select one (1) potential winner from all eligible entries received during the Bracket Entry Period, for a total of one (1) potential winner. The winner will be chosen based on which entrant submitted the most accurate bracket at the end of the Bracket Contest, with bracket scoring to be determined at Sponsor’s sole discretion. The winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Bracket Rules.

5. BRACKET PRIZES, APPROXIMATE RETAIL VALUES (“ARV”), AND ODDS OF WINNING:

A. Prizes (1 total): Each prize is a USD $100 check (“Bracket Prize”) and will be awarded after the completion of W-9 form. No more than one (1) Bracket Prize will be awarded. The ARV of the Bracket Prize is USD $100.

B. Total ARV: The total ARV of all Bracket Prizes is USD $1.

C. Odds of Winning: The odds of winning a Bracket Prize depends on the number of eligible Bracket Contest entries received during the Bracket Contest Period.

D. General Conditions: There is a limit of one (1) Bracket Prize per person. In no event will more than one (1) Bracket Prize be awarded. If, for any reason, more Bracket Prize notifications are sent (or more claims are received) than the number of Bracket Prizes offered, as set forth in these Official Bracket Rules, Sponsor reserves the right to award the intended number of Bracket Prizes by determining the correct winner in accordance with these Official Bracket Rules. No Bracket Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Bracket Prize, or component thereof, of equal or greater value in case of unavailability of a Bracket Prize or a Bracket Prize component.

6. HOW TO CLAIM A BRACKET PRIZE: Potential winners are subject to verification of eligibility and compliance with these Official Bracket Rules. The potential winners will be notified on either Facebook or Instagram by a Direct Message from @whiskeysmithco (depending on his/her method of entry) with instructions on how to claim his/her Bracket Prize. The potential winners must respond to the Facebook/Instagram Direct Message winner notification within twenty-four (24) hours or they may, at the Sponsor’s sole discretion, be disqualified. Failure to provide all required information, proof of identification, and eligibility as required by Sponsor within the stated time period may result in forfeiture of winner’s right to claim a Bracket Prize, and may result in the Bracket Prize being awarded to an alternate winner, if time permits. Sponsor shall not be held responsible for any delays in awarding a Bracket Prize for any reason. The potential winner must continue to comply with all terms and conditions of these Official Bracket Rules and winning is contingent upon fulfilling all requirements. If a potential winner is found to be ineligible, is not in compliance with these Official Bracket Rules, declines to accept a Bracket Prize, or the winner notification is returned as undeliverable or a potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if a potential winner does not answer the initial notification, his/her Bracket Prize may be forfeited. If a Bracket Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at Sponsor’s sole and absolute discretion, selected based on the entrant from the remaining pool of eligible entries received during the Bracket Contest Period, whose submission for entry into this Bracket Contest had the second-most accurate results pursuant to these Official Bracket Rules, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Bracket Prize, the Bracket Prize may not be re-awarded. Bracket Prizes are not transferable and include only the items specifically listed as part of a Bracket Prize. Any portion of a Bracket Prize not accepted by winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Bracket Prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Each Bracket Prize will only be awarded to a verified winner.

7. LIMITATION OF LIABILITY: By participating in this Bracket Contest, entrants agree that Sponsor, Facebook, Instagram, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents, Instagram, Inc., and Facebook, Inc., (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Bracket Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Bracket Contest and/or accepting a Bracket Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Bracket Rules. Further, the Sponsor is not responsible for any unanswered or undeliverable winner notifications.

By entering the Bracket Contest, each entrant represents and warrants that he or she is at least twenty one (21) years of age and has complied with all Facebook and Instagram (as applicable) requirements and terms regarding the use of their services in connection with the Bracket Contest. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Bracket Rules

By entering the Bracket Contest, each entrant agrees: (i) to be bound by these Official Bracket Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Bracket Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Bracket Contest; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Bracket Contest, including, but not limited to, any Bracket Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Bracket Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Bracket Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

If, for any reason, the Bracket Contest is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Bracket Contest and/or proceed with the Bracket Contest, including the selection of a winner in a manner it deems fair and reasonable, including the random selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Bracket Prizes be awarded than are stated in these Official Bracket Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Bracket Rules, Sponsor reserves the right to award the intended number of Bracket Prizes by determining the correct winner in accordance with these Official Bracket Rules. . Notice of such cancelation, termination, or modification of the Bracket Contest shall be posted at www.whiskeysmithco.com/mixology-madness-rules.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS BRACKET CONTEST, INCLUDING THE BRACKET PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

8. DISPUTES: THIS BRACKET CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LARIMER COUNTY, COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LARIMER COUNTY, COLORADO. IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE BRACKET CONTEST, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE BRACKET CONTEST, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SPONSOR AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE BRACKET CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

9. PRIVACY: Submission of personal contact information in connection with the Bracket Contest (whether or not required), including, without limitation, name, mailing address, phone number, and email address, constitutes permission for Sponsor to use such personal contact information for purposes of administration of the Bracket Contest. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons; however, eligibility to participate in the Bracket Contest is not dependent upon entrant’s consent to be added to such database and consenting to be added to such database will not impact any entrant’s chances of winning. Entrants may opt-out of receiving such communications as set forth in Sponsor’s privacy policy (located at https://www.whiskeysmithco.com/privacy) or as provided within any marketing materials (e.g., using the “Unsubscribe” feature in each Sponsor email). Entrants understand that they are providing their personal contact information to Sponsor and not to any other person or entity. Except to the extent contained in an Entry, the personal contact information entrants provide will only be used in accordance with Sponsor’s privacy policy. Each Bracket Contest winner’s name will be included in a publicly-available winners list.

10. PUBLICITY RIGHTS: By participating in this Bracket Contest, each entrant grants Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, likeness, picture, and other information and content solely as provided in his or her Entry for any purpose related to or in connection with the Bracket Contest and for promotion, trade, commercial, advertising and publicity purposes of Sponsor, in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval, and without additional consideration or compensation, except where prohibited by law. Entrant understands and agrees that the only compensation entrant will receive for granting this right is the publicity he or she may receive by the publication or broadcasting of the entry into the Bracket Contest.

11. GENERAL: Any attempted form of participation in this Bracket Contest other than as described herein is void. Sponsor reserves the right to disqualify any entrant found or suspected, in Sponsor’s sole and absolute discretion, to be tampering with the operation of the Bracket Contest; to be acting in violation of these Official Bracket Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Bracket Contest. Any attempted form of participation in this Bracket Contest other than as in these Official Bracket Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Bracket Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Bracket Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE BRACKET CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Bracket Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Bracket Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Bracket Rules or the Bracket Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Bracket Rules. Sponsor’s failure to enforce any term of these Official Bracket Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Bracket Contest details contained in these Official Bracket Rules and Bracket Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Bracket Contest as set forth in these Official Bracket Rules shall prevail.

12. WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, - The Whiskeysmith Co. Mixology Madness Tournament – Bracket Participants, 401 W. Mountain Avenue, Fort Collins, CO 80521. Winner List requests must be received no later than April 20, 2021.

©2021 Old Elk Distilleries, LLC. All rights reserved.
Customer Service inquiries may be made at www.whiskeysmithco.com/contact-us.
Instagram is a registered trademark of Instagram Inc. All rights reserved.
Facebook is a registered trademark of Facebook, Inc. All rights reserved.

This Bracket Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. You understand that you are providing your information to Sponsor and not to Instagram or Facebook. Any questions, comments or complaints regarding this Bracket Contest shall be directed to Sponsor and not to Instagram or Facebook.

OFFICIAL RULES

WHISKEYSMITH CO. MIXOLOGY MADNESS TOURNAMENT – MIXOLOGIST PARTICIPANTS

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. ENTRY INTO THE MIXOLOGIST CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL MIXOLOGIST RULES. VOID WHERE PROHIBITED BY LAW

The Whiskeysmith Co. Mixology Madness Tournament – Mixologist Participants (the “ Mixologist Contest”) is sponsored and administered by Old Elk Distilleries, LLC (“Sponsor”), 401 W Mountain Ave., Fort Collins, CO 80521. Participation in the Mixologist Contest constitutes entrant’s full and unconditional acceptance of these Mixologist Contest rules (“Official Mixologist Rules”) and the decisions and interpretations of Sponsor, including, without limitation, decisions regarding eligibility, winner selection, and the awarding of Mixologist Prizes (defined below), which are final and binding in all matters related to the Mixologist Contest.

1. MIXOLOGIST CONTEST PERIOD: The Mixologist Contest has one (1) entry period, and begins on March 21, 2021, at 12:00 PM Eastern Time (“ET”) and ends on March 26, 2021, at 11:59:59 PM ET (“Mixologist Contest Period”), with an approximate prize determination date of April 5, 2021.

Non-winning entries will not carry forward into subsequent contests or sweepstakes. The Sponsor’s computer is the Mixologist Contest’s official clock.

2. ELIGIBILITY: This Mixologist Contest is open only to legal residents of the fifty (50) United States (including the District of Columbia), excluding Alabama, Indiana, Maine, Maryland, North Carolina, Vermont, and West Virginia, who are at least twenty-one (21) years old at the time of entry. Employees of Sponsor, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void in Alabama, Indiana, Maine, Maryland, North Carolina, Vermont, West Virginia, and where prohibited or restricted by law.

3. HOW TO ENTER: During the Mixologist Contest Period, there is one (1) way to enter the Mixologist Contest to receive one (1) Mixologist Contest entry (“Mixologist Entry”). To enter, Sponsor, or a representative of Sponsor, will send an invitation, via U.S. mail, electronic mail, Facebook direct message, or Instagram direct message, to an eligible participant. Upon acceptance of any such invitation, an eligible participant is entered into the Mixologist Contest. All participants will participate in the Mixologist Contest through their personal Facebook and or Instagram account. By entering the Mixologist Contest, entrant hereby agrees to be bound by these Official Mixologist Rules. Entries will be deemed made by the authorized account holder of the Instagram/Facebook account used to participate in the Mixologist Contest. The “authorized account holder” is the person who is assigned to the Instagram/Facebook account by the online service provider. Due to the way Facebook and Instagram operate their respective services, entries or participation from users with protected or private accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may have difficulty receiving messages or other Mixologist Contest information, including Mixologist Prize notifications, from Sponsor, and Sponsor assumes no liability whatsoever in connection to any such communication difficulties, delays, or impossibilities. If an entrant enters from his/her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Mixologist Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

Entry Requirements: All entries must comply with the following restrictions (“Mixologist Entry Requirements”):

Entrants may not have any ownership interest in a business that holds an on or off premise retail liquor license.
Entry must be in English (except for commonly understood foreign words);
Entry must comply with Facebook’s terms and conditions (https://www.facebook.com/legal/terms) and/or Instagram terms of use located at: http://instagram.com/about/legal/terms/;

Entry cannot have been published previously by any party other than the entrant;
Entry must be suitable for publication (i.e., may not be obscene or indecent);
Entry cannot contain trademarks, logos, or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Sponsor’s;
Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;
Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot describe or depict any illegal activity or violation of any state or federal law;
Entry must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
Entry must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests, or encourages:
- excessive or irresponsible consumption of alcohol;
- gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
- the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.

If any entry fails to comply with any of these Mixologist Entry Requirements or any other provisions of these Official Mixologist Rules, at Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.

By participating in the Mixologist Contest, entrant understands that he or she is providing his or her information to Sponsor and not Facebook, Inc. (“Facebook”) or Instagram, Inc. (“Instagram”). Further, entrant specifically agrees to release Facebook and Instagram from any and all liability associated with this Mixologist Contest. This Mixologist Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or any of their affiliates.

HOW TO PARTICIPATE IN THE MIXOLOGIST CONTEST AND SCORING OF THE MIXOLOGIST CONTEST

The Mixologist Contest is organized in four rounds (each, a “Round”) according to the schedule set forth below. Entrants are placed in voting brackets for single elimination one-on-one competitions in each Round. When an entrant wins their bracket competition in a given Round, the entrant moves on to the next round and competes against the corresponding entrant. An entrant who does not win their Round is automatically eliminated from the Mixologist Contest.

The dates and times for each Round is as follows:

Round 1: Occurring March 29, 2021, from 10:00 a.m. ET to March 30, 2021, 10:00 a.m. ET . Entrants advancing to the next Round will be notified by Sponsor by 12:00 p.m. ET on March 30, 2021.
Round 2: Occurring on March 31, 2021, from 10:00 a.m. ET to April 1, 2021, 10:00 a.m. ET. Entrants advancing to the next Round will be notified by Sponsor by 12:00 p.m. ET on April 1, 2021.
Round 3: Occurring on April 2, 2021, from 10:00 a.m. ET to April 3, 2021, 10 a.m. ET. Entrants advancing to the next Round will be notified by Sponsor by 12:00 p.m. ET on April 3, 2021.
Round 4: April 5, 2021 from 10:00 a.m. ET to April 5, 2021 12:59 p.m. ET. The winner of Round 4 will be announced by Sponsor on April 6, 2021.

To participate in each Round, entrants may choose which of the following of Sponsor’s products to use make the corresponding type of cocktail:

Product to be Used and Type of Cocktail to Be Made with Sponsor’s Product

WhiskeySmith Co. Chocolate Flavored Whiskey - Milkshake Cocktail
WhiskeySmith Co. Banana Flavored Whiskey - Tiki Cocktail
WhiskeySmith Co. Pineapple Flavored Whiskey - Highball Cocktail
WhiskeySmith Co. Blood Orange Flavored Whiskey - Brunch Cocktail
WhiskeySmith Co. Peach Flavored Whiskey - Sour Cocktail
WhiskeySmith Co. Salted Caramel Flavored Whiskey - Old Fashioned Cocktail or Daiquiri Cocktail
Peanut Butter Flavored Whiskey - Boilermaker Cocktail

Entrants must submit all entries for each Round of the Mixologist Contest via email to tianni.johnson@oldelk.com, with each Round’s entry submission containing a photo and a recipe for each relevant cocktail of entrant’s choosing based on the chart above. By 10:00 a.m. ET on the first day of each Round, entrants will post the applicable personally prepared cocktail photo and cocktail recipe on their respective Instagram story or Facebook story, and direct their followers to the @whiskeysmithco Instagram or Facebook page, where voting will occur. Instagram and Facebook users then view @whiskeysmithco’s Instagram story or Facebook story, which will feature all eligible photo and recipe submissions for the time periods set forth above in each Round (each a “Voting Period”). Instagram and Facebook users will vote on their favored photo and recipe submission to win via Instagram or Facebook story polls during the applicable Voting Period. At the close of each Voting Period, Sponsor will total the number of votes received for each entrant. The entrants with the most votes advance to the next round of their corresponding bracket.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS MIXOLOGIST CONTEST ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS MIXOLOGIST CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS MIXOLOGIST CONTEST.

LIMIT: There is a limit of one (1) entry per person during the Mixologist Contest Period.

4. MIXOLOGIST WINNER: On or around April 6, 2021,, Sponsor will select two (2) potential winners from all eligible entries participating in the Mixologist Contest, for a total of two (2) potential winners. The winners will be chosen based on which two entrants reach the final round of the Mixologist Contest, with all scoring to be determined by Facebook and Instagram users via Instagram Story Polls or Facebook Story Polls, as applicable, with Sponsor responsible for totaling the votes. The winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Mixologist Rules.

5. MIXOLOGIST PRIZES, APPROXIMATE RETAIL VALUES (“ARV”), AND ODDS OF WINNING:

A. Prizes (2 total): Each prize is a Bartender’s Tiki Style Pack Up (“Mixologist Prize”) and will be awarded after the completion of W-9 form. No more than two (2) Mixologist Prizes will be awarded. The ARV of each Mixologist Prize is USD $250.

B. Total ARV: The total ARV of all Mixologist Prizes is USD $500.

C. Odds of Winning: The odds of winning a Mixologist Prize depends on the number of eligible Mixologist Contest entries received during the Mixologist Contest Period.

D. General Conditions: There is a limit of one (1) Mixologist Prize per person. In no event will more than two (2) Mixologist Prizes be awarded. If, for any reason, more Mixologist Prize notifications are sent (or more claims are received) than the number of Mixologist Prizes offered, as set forth in these Official Mixologist Rules, Sponsor reserves the right to award the intended number of Mixologist Prizes by determining the correct winner in accordance with these Official Mixologist Rules. No Mixologist Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Mixologist Prize, or component thereof, of equal or greater value in case of unavailability of a Mixologist Prize or a Mixologist Prize component.

6. HOW TO CLAIM A MIXOLOGIST PRIZE: Potential winners are subject to verification of eligibility and compliance with these Official Mixologist Rules. The potential winners will be notified via email from Sponsor with instructions on how to claim his/her Mixologist Prize. The potential winners must respond to such email winner notification within twenty-four (24) hours or they may, at the Sponsor’s sole discretion, be disqualified. Failure to provide all required information, proof of identification, and eligibility as required by Sponsor within the stated time period may result in forfeiture of winner’s right to claim a Mixologist Prize, and may result in the Mixologist Prize being awarded to an alternate winner, if time permits. Sponsor shall not be held responsible for any delays in awarding a Mixologist Prize for any reason. The potential winner must continue to comply with all terms and conditions of these Official Mixologist Rules and winning is contingent upon fulfilling all requirements. If a potential winner is found to be ineligible, is not in compliance with these Official Mixologist Rules, declines to accept a Mixologist Prize, or the winner notification is returned as undeliverable or a potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if a potential winner does not answer the initial notification, his/her Mixologist Prize may be forfeited. If a Mixologist Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at Sponsor’s sole and absolute discretion, selected based on the entrant at random from the remaining pool of eligible entries received during the Mixologist Contest Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Mixologist Prize, the Mixologist Prize may not be re-awarded. Mixologist Prizes are not transferable and include only the items specifically listed as part of a Mixologist Prize. Any portion of a Mixologist Prize not accepted by winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Mixologist Prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Each Mixologist Prize will only be awarded to a verified winner.

7. LIMITATION OF LIABILITY: By participating in this Mixologist Contest, entrants agree that Sponsor, Facebook, Instagram, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents, Instagram, Inc., and Facebook, Inc., (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Mixologist Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Mixologist Contest and/or accepting a Mixologist Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Mixologist Rules. Further, the Sponsor is not responsible for any unanswered or undeliverable winner notifications.

By entering the Mixologist Contest, each entrant represents and warrants that he or she is at least twenty one (21) years of age and has complied with all Facebook and Instagram (as applicable) requirements and terms regarding the use of their services in connection with the Mixologist Contest. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Mixologist Rules.

By entering the Mixologist Contest, each entrant agrees: (i) to be bound by these Official Mixologist Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Mixologist Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Mixologist Contest; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Mixologist Contest, including, but not limited to, any Mixologist Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Mixologist Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Mixologist Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

If, for any reason, the Mixologist Contest is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Mixologist Contest and/or proceed with the Mixologist Contest, including the selection of a winner in a manner it deems fair and reasonable, including the random selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Mixologist Prizes be awarded than are stated in these Official Mixologist Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Mixologist Rules, Sponsor reserves the right to award the intended number of Mixologist Prizes by determining the correct winner in accordance with these Official Mixologist Rules. Notice of such cancelation, termination, or modification of the Mixologist Contest shall be posted at www.whiskeysmithco.com/mixology-madness-rules.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS MIXOLOGIST CONTEST, INCLUDING THE MIXOLOGIST PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

8. DISPUTES: THIS MIXOLOGIST CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LARIMER COUNTY, COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LARIMER COUNTY, COLORADO. IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE MIXOLOGIST CONTEST, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE MIXOLOGIST CONTEST, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SPONSOR AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE MIXOLOGIST CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

9. PRIVACY: Submission of personal contact information in connection with the Mixologist Contest (whether or not required), including, without limitation, name, mailing address, phone number, and email address, constitutes permission for Sponsor to use such personal contact information for purposes of administration of the Mixologist Contest. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons; however, eligibility to participate in the Mixologist Contest is not dependent upon entrant’s consent to be added to such database and consenting to be added to such database will not impact any entrant’s chances of winning. Entrants may opt-out of receiving such communications as set forth in Sponsor’s privacy policy (located at https://www.whiskeysmithco.com/privacy) or as provided within any marketing materials (e.g., using the “Unsubscribe” feature in each Sponsor email). Entrants understand that they are providing their personal contact information to Sponsor and not to any other person or entity. Except to the extent contained in an Entry, the personal contact information entrants provide will only be used in accordance with Sponsor’s privacy policy. Each Mixologist Contest winner’s name will be included in a publicly-available winners list.

10. PUBLICITY RIGHTS: By participating in this Mixologist Contest, each entrant grants Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, likeness, picture, and other information and content solely as provided in his or her Entry for any purpose related to or in connection with the Mixologist Contest and for promotion, trade, commercial, advertising and publicity purposes of Sponsor, in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval, and without additional consideration or compensation, except where prohibited by law. Entrant understands and agrees that the only compensation entrant will receive for granting this right is the publicity he or she may receive by the publication or broadcasting of the entry into the Mixologist Contest.

11. GENERAL: Any attempted form of participation in this Mixologist Contest other than as described herein is void. Sponsor reserves the right to disqualify any entrant found or suspected, in Sponsor’s sole and absolute discretion, to be tampering with the operation of the Mixologist Contest; to be acting in violation of these Official Mixologist Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Mixologist Contest. Any attempted form of participation in this Mixologist Contest other than as in these Official Mixologist Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Mixologist Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Mixologist Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE MIXOLOGIST CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Mixologist Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Mixologist Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Mixologist Rules or the Mixologist Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Mixologist Rules. Sponsor’s failure to enforce any term of these Official Mixologist Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Mixologist Contest details contained in these Official Mixologist Rules and Mixologist Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Mixologist Contest as set forth in these Official Mixologist Rules shall prevail.

12. WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, - The Whiskeysmith Co. Mixology Madness Tournament – Mixologist Participants, 401 W. Mountain Avenue, Fort Collins, CO 80521. Winner List requests must be received no later than April 20, 2021.

This Mixologist Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. You understand that you are providing your information to Sponsor and not to Instagram or Facebook. Any questions, comments or complaints regarding this Mixologist Contest shall be directed to Sponsor and not to Instagram or Facebook.