Cabot Creamery X Fenway Concert Series Giveaway

Official Rules 

The Cabot Creamery Co-operative Official Sweepstakes Rules and Legal Disclaimer.

Introduction

By entering into the Cabot Creamery Cooperative Fenway Concert Series Ticket Giveaway (the “Sweepstakes”), participant (“Participant”) agrees to abide by these Official Sweepstakes Rules and Legal Disclaimer and the decisions of Cabot Creamery Co-operative (“Promoter”), such decisions which are final and binding in all respects. No purchase necessary to enter or win. Purchase of Promoter’s products or services does not enhance chances of winning. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Pinterest, TikTok, Linkedin, music festival talent, the Boston Red Sox or Fenway Sports Management. Neither the Boston Red Sox nor Fenway Sports Management are sponsors of the giveaway and in no way is either responsible for the administration of the giveaway, the verification of winners or the fulfillment of prizing.

Eligibility

The Sweepstakes is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents, including those providing services to Promoter through an outsourcer or temporary employment agency, of Promoter or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.

How to Enter

Beginning on 07/01/24 at 8AM through 07/07/24 at 11:59PM EST (the “Sweepstakes Period”), follow @cabotcreamery on Instagram, like the giveaway post & tag a friend in the comments (one tag per comment, multiple comments permitted). Entries must be received prior to close of the Sweepstakes Period to be entered. Promoter is not responsible for (a) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable Entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (b) theft, destruction, unauthorized access to or alterations of Entry materials; or (c) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. Promoter will not consider incorrect, fraudulent, incomplete, damaged, illegible, lost, late, postage-due, misdirected, undeliverable or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Sweepstakes will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, modify or terminate the Sweepstakes for any reason and without prior notice or liability to any entrant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Sweepstakes. The Sweepstakes is subject to these Official Sweepstakes Rules and Legal Disclaimer and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in this Sweepstakes, Participant acknowledges that Participant has read these Official Sweepstakes Rules and Legal Disclaimer and agrees to abide by them and by the decisions of Promoter, which are final and binding on all matters pertaining to the Sweepstakes.

Provision of Materials and Information/Intellectual Property

By entering into the Sweepstakes, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Sweepstakes and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.

Random Drawing; Prizes; Notifying Prize Winners

A random drawing will be conducted on or about 07/08/24 by Promoter to select two (2) winners among all eligible entries received. Odds of winning depend on the number of entries received. The Winners will be notified by Instagram direct message from the official @cabotcreamery account. Failure to respond within THREE calendar days will result in forfeiture of the prize. First place winner: will receive a Cabot Creamery e-gift certificate (Value = $100), & two tickets to Friday July 19th Fenway Concert Series show  (valued at $199). Second place winner gets a  Cabot Creamery e-gift certificate (Value = $100) & two tickets to July 18 Fenway Concerts series show (valued at $199). Estimated total Value: $299, per winner. PLEASE NOTE THAT AIRFARE, PARKING, LODGING & OTHER TRAVEL EXPENSES ARE NOT INCLUDED (the “Prize”), and Promoter shall have the option to award the Prize to an alternate Winner. Use of any tickets included in the Prize is subject to the standard terms and conditions and health and safety policies applicable to such tickets. The Winner and his or her guest agree to comply with all rules and guest policies of Boston Red Sox and Fenway Park, including but not limited to COVID-19 safety protocols and requirements. Fenway Park staff reserve the right to remove or deny entry to the Winner and his or her guest if any of them behave in a disruptive manner or with intent to annoy, abuse, threaten, or harass any venue staff (including, without limitation, police officers, security personnel in or around the venue) or any other person at the venue. Tickets may not be resold or offered for resale by the Winner or any third party, or used by the Winner or a third party for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture. The return of the Notification or Prize as undeliverable may also result in disqualification and an alternate Winner may be selected. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. A potential Winner will also forfeit his or her Prize if he or she is disqualified as not eligible to have participated in the Sweepstakes in the first instance. All federal, state, and local income taxes resulting from acceptance of the Prize are the responsibility of Winner. Promoter reserves the right to substitute an alternate Prize of comparable or equal value in its sole discretion. Acceptance of the Prize also constitutes permission to Promoter to use the Winner’s name, likeness, and biographical information for marketing purposes (including posting the information on its website) without further compensation or right of approval, unless prohibited by law. Subject to applicable law, the Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. 

Publicity

Subject to applicable law, entrance in the Sweepstakes constitutes Participant’s consent to Promoter and Promoter’s affiliates and agents to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.

Release

Subject to applicable law, by entering into a Sweepstakes and potentially receiving a Prize, each Participant agrees to release, discharge, and hold harmless Promoter, the Boston Red Sox, and Fenway Sports Management, along with their respective employees, officers, directors, affiliates, partners, agents and assigns and any other party associated with the Sweepstakes, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in the Sweepstakes (or related activity such as a press release), any condition caused by events beyond Promoter’s control that may cause the Sweepstakes to be disrupted or corrupted, any printing or typographical errors in any materials associated with the Sweepstakes, and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, possession, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).

Limitation of Liability

IN NO EVENT WILL PROMOTER, THE BOSTON RED SOX, FENWAY SPORTS MANAGEMENT AND/ THEIR RESPECTIVE PARENT'S, SUBSIDIARIES, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL SWEEPSTAKES RULES, AND/OR ANY PARTICIPANT’S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Use of Collected Materials and Information

Promoter will be collecting, storing, and exploiting personal data about Participant to administer the Sweepstakes and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into the Sweepstakes, Participant agrees to Promoter’s collection and use of their personal information. Promoter will not disclose Participant’s personal information except as set forth herein and in Promoter’s Privacy Policy. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: https://cabotcreamery.com/pages/privacy

Dispute Resolution

The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in or nearest Washington County, Vermont; (2) that the laws of the state of Vermont shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.

Winner’s List & Official Rules

For a list of all Winners or a copy of these Official Sweepstakes Rules and Legal Disclaimer, send a self-addressed, stamped envelope to Cabot Fenway Concert Giveaway: Rachael Keyes –193 Home Farm Way, Waitsfield, VT 05673-7512 on or after [07/08/24] with your request.

Promoters

Cabot Creamery Cooperative: 193 Home Farm Way, Waitsfield, VT 05673-7512