OLD ELK SCOUTS PROGRAM

Thank you for your interest in the Old Elk Scouts Program! Our goal is to see how we’re doing in liquor and retail stores. By answering a few questions and taking a couple photos, you will receive an Old Elk swag pack and an entry into our grand prize draw: the chance to be one of 50 members of Old Elk’s Sensory Panel! The more unique store visits you submit, the more entries into our grand prize draw! Please note that this program is currently limited to select states and retail stores in the US (please use the store map below to find a store near you).

Submissions will be accepted until October 31, 2024. Sensory Panel drawing will take place on November 7, 2024. 

 

Eligible Stores

Enter your zipcode below to see if there are any eligible stores near you

 
 
If there are no stores in your area that are part of the program, please fill out this form here to get on our waitlist.
FAQ
  • Customers can visit as many stores as they want (within the desired stores listed above); each customer who submits a store visit will receive a thank you swag pack as well as one entry for a chance to be on Old Elk's Sensory Panel. The more unique store visits a customer submits, the more entries into our grand prize draw.
  • One form submission per person, per store.
  • What this program is NOT: As an Old Elk Scout, the sole need and focus is on sharing what you see. We do not want to disrupt business at the account in any way. Instead it is simply to gather information.
  • Upon completion of a store review, merch and an entry for the Old Elk Sensory Panel is the only reward and does not include anything else such as monetary payment.
  • Submissions subject to review before eligible for swag pack and entry for the Old Elk Sensory Panel. Only verified submissions will be eligible.
  • Submissions accepted until October 31, 2024. Sensory Panel drawing on November 7, 2024.
 
 

 

official terms

The Old Elk Scout Program (the “Program”) is administered by Old Elk Distilleries, LLC (“Old Elk”), 401 W Mountain Ave., Suite 200, Fort Collins, CO 80521. Participation in the Program constitutes Participant’s full and unconditional acceptance of these official Program terms (the “Official Terms”) and the decisions and interpretations of Old Elk are final and binding in all matters related to the Program. 

1. ELIGIBILITY:  This Program is open only to legal residents of the fifty (50) United States (including the District of Columbia), who are at least twenty-one (21) years old at the time of entry (“Participants”). Employees of Old Elk, 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 participate. All federal, state, and local laws apply. Void where prohibited or restricted by law.

2. THANK YOU GIFT: For each store visited, Participants can request a thank you gift in the form of a swag bag containing Old Elk merchandise (“Gift”).  Participant acknowledges and agrees no additional consideration or compensation of any kind will be offered under this Program.  Gifts will be sent upon receipt by Old Elk of each completed survey. A limit of seven (7) Gifts will be provided per Participant.

3. LIMITATION OF LIABILITY:  By participating in this Program, Participants agree that Old Elk. and each of its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each of its officers, directors, stockholders, employees, representatives, designees and agents (“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 Program; (vii) any injury or damage, whether personal or property, to Participants or to any person's computer related to or resulting from participating in the Program and/or accepting a thank you gift; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Terms. Further, the Old Elk is not responsible for any unanswered or undeliverable Participant notifications.     

By entering the Program, each Participant represents and warrants that he or she is at least twenty-one (21) years of age, and has complied with all terms regarding the use of their services in connection with the Program.

By entering the Program, each Participant agrees: (i) to be bound by these Official Terms, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Terms; (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 Program; 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 Program, including, but not limited to, any Program-related activity or element thereof, and the Participant’s entries, participation or inability to participate in the Program; (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 Gift (or any component thereof); (d) any change in the Gift (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 Gift (or any element thereof); or (h) the negligence or willful misconduct by Participant.

If, for any reason, the Program is not capable of running as planned, Old Elk reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Program and/or proceed with the Program.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROGRAM, INCLUDING THE GIFT, 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.

4. DISPUTES:  THIS PROGRAM 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 PROGRAM, 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 PROGRAM, 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. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR OLD ELK 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 PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. 

5. PRIVACY:  Submission of personal contact information in connection with the Program (whether or not required), including, without limitation, name, mailing address, phone number, and email address, constitutes permission for Old Elk to use such personal contact information for purposes of administration of the Program. Participants also may opt-in to be added to Old Elk’s customer database and to permit Old Elk to contact Participant in the future for promotional and other reasons; however, eligibility to participate in the Program is not dependent upon Participant’s consent to be added to such database. Participants may opt-out of receiving such communications as set forth in Old Elk’s privacy policy (located at https://www.oldelk.com/privacy) or as provided within any marketing materials (e.g., using the “Unsubscribe” feature in each Old Elk email). Participants understand that they are providing their personal contact information to Old Elk and not to any other person or entity.

6. GENERAL:  Any attempted form of participation in this Program other than as in these Official Terms 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 Gift 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 Program will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Participants may be required to provide proof of identification and eligibility as required by Old Elk. CAUTION:  ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, OLD ELK 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 Terms 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 Terms valid and enforceable. The invalidity or unenforceability of any provision of these Official Terms will not affect the validity or enforceability of any other provision. No Participant shall have the right to modify or amend these Official Terms.  Old Elk’s failure to enforce any term of these Official Terms 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 Old Elk and will not be returned. In the event of any conflict with any Program details contained in these Official Terms and Program 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 Program as set forth in these Official Terms shall prevail.

7. OTHER CONDITIONS:   Old Elk reserves the right at any time, in its sole discretion and without prior notice to Participants, to amend or modify the Official Terms or modify, suspend, or cancel the Program for any reason, including, without limitation, in the event that any cause beyond the reasonable control of Old Elk corrupts, or threatens to corrupt, the security or proper administration of the Program.


OLD ELK SCOUTS GRAND PRIZE DRAWING

OFFICIAL RULES

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 CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.

The Old Elk Scouts Grand Prize Drawing (the “Contest”) is sponsored and administered by Old Elk Distilleries, LLC (“Sponsor”), 401 W Mountain Ave., Suite 200, Fort Collins, CO 80521. Participation in the Contest constitutes entrant’s full and unconditional acceptance of these official Contest rules (the “Official Rules”) and the decisions and interpretations of Sponsor, including, without limitation, decisions regarding eligibility, winner selection, and the awarding of the Prize (defined below), which are final and binding in all matters related to the Contest.

1. ENTRY AND CONTEST PERIODS:

CONTEST ENTRY PERIOD:  The Contest has one (1) entry period, and begins on August 1, 2024, at 12:00 PM Eastern Time (“ET”) and ends on October 31, 2024, at 11:59:59 PM ET (“Contest Entry Period”), with an approximate prize determination date of November 7, 2024.  Non-winning entries will not carry forward into subsequent contests or sweepstakes. The Sponsor’s computer is the Contest’s official clock.

 

2. ELIGIBILITY:  This 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 Contest Entry Period, there is one (1) way to enter the Contest via participation in the Old Elk Scouts Program (https://www.oldelk.com/scouts) to receive one (1) Contest entry per Old Elk Scouts Program submission (“Entry”), pursuant to the rules of the Old Elk Scouts Program:

a. Entrant must visit https://docs.google.com/forms/d/e/1FAIpQLSdyOfIUemyy_g2jpBkQz346tAqrDV9fUsUcZxgvlRBxODDv_w/viewform (“Entry Form”) and submit the required in the Entry Form, pursuant to the rules of the Old Elk Scouts Program, no than October 31, 2024, at 11:59:59 PM ET:

This Contest is in no way sponsored, endorsed or administered by, or associated with Google LLC (“Google”).

Entry Requirements:  All entries must comply with the following restrictions (“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 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 Entry Requirements or any other provisions of these Official Rules, at Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.

By participating in the Contest, entrant understands that he or she is providing his or her information to Sponsor.

 

4. WINNER SELECTION:  Fifty (50) Prize (as hereinafter defined) Contest winners will be selected via a random drawing on November 7, 2024. A winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. 

 

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

A. Prizes (fifty (50) total): The Contest has fifty (50) potential prizes (“Prize”). The Prize is an invitation (“Invitation”) to join Sponsor’s internal Sensory Panel. If a Prize winner accepts an Invitation, they will become a voluntary member of Sponsor’s Sensory Panel (“Panel Member”), which consists of:

i. Voluntary membership on Sponsor’s Sensory Panel from November 15, 2024, through January 31, 2025 (the “Membership Period”);

ii. Receipt of two (2) 50ml sample bottles of Sponsor’s products, once during the Membership Period, for a total of two (2) 50ml samples total during the Membership Period.

iii. Panel Member may provide comments to Sponsor and other Panel Members regarding Sponsor’s samples, which Sponsor will consider before releasing new products; (collectively, the “Sensory Prize”).  Prize has an ARV of USD $100.  Any difference between stated ARV and actual value of the Sensory Prize will not be awarded.   Prior to becoming a Panel Member, potential Prize winner will be asked to sign a Non-Disclosure Agreement with Sponsor.  Any Panel Member may be disqualified from the Contest, and removed from the Sensory Panel, for violating these Official Rules.

The Prizes will each be awarded after entrant’s completion of the following forms, if requested by Sponsor: (1) an IRS Form W-9 (“W-9”); (2) a confirmation of Contest eligibility (“Confirmation”); and (3) a unilateral non-disclosure agreement in favor of Sponsor, in substantially the form set forth at www.oldelk.com/scouts with respect to certain proprietary information that may be provided by Sponsor as a component of a Prize (“NDA”).  The W-9, Confirmation, and NDA must be returned to Sponsor within seven (7) business days from the date that the potentially winner receives the W-9, Confirmation, and NDA.  Any potential winner who fails to sign and return the W-9, Confirmation, or NDA within the required time period is not in compliance with these Official Rules, which may result in forfeiture of a potential winner’s right to claim a Prize, and may result in the Prize being awarded to an alternate winner, if time permits. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason.

No more than one (1) Prize will be awarded to any entrant. 

1.    Total ARV: The total ARV of the Prizes is USD $100.

2.    Odds of Winning: The odds of winning any the Prize depends on the number of eligible Contest Entry Submissions received during the Contest Entry Period.

3.    General Conditions: There is a limit of one (1) Prize per person. In no event will more than fifty (50) Prizes be awarded total. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes by determining the correct winner in accordance with these Official Rules. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize, or component thereof, of equal or greater value in case of unavailability a Prize or a Prize component. No Prize is redeemable for cash. Winners are responsible for any applicable local income tax.

 

7. HOW TO CLAIM A PRIZE:  Each potential winner is subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be notified via email from Sponsor with instructions on how to claim his/her Prize.  Each potential winner must respond to such email from Sponsor 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 a winner’s right to claim a Prize, and may result in the Prize being awarded to an alternate winner, if time permits. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason. Each potential winner must continue to comply with all terms and conditions of these Official Rules and winning any Prize is contingent upon fulfilling all requirements.  If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, the winner notification is returned as undeliverable, or if Sponsor is unable to send an email to a potential winner, 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 Prize may be forfeited. If a 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 with the next-highest amount of votes received during the Voting Period. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded.  The Prize is not transferable and includes only the items specifically listed as part of the Prize. Any portion of a Prize not accepted by a winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the respective Prize won. All other costs and expenses not expressly set forth herein shall be solely applicable winner’s responsibility. Each Prize will only be awarded to a verified winner.

 

8. LIMITATION OF LIABILITY:  By participating in this Contest, entrants agree that Sponsor, 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., (“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 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 Contest and/or accepting a 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 Rules. Further, the Sponsor is not responsible for any unanswered or undeliverable winner notifications.     

By entering the Contest, each entrant represents and warrants that he or she is at least twenty-one (21) years of age and has complied with all Instagram requirements and terms regarding the use of their services in connection with the Contest. Entry Submissions that do not comply with the above requirements and these Official Rules 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 Rules 

By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official 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 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 Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the 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 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 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 Contest and/or proceed with the 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 Prizes be awarded than are stated in these Official 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 Rules, Sponsor reserves the right to award the intended number of Prizes by determining the correct winner in accordance with these Official Rules. Notice of such cancelation, termination, or modification of the Contest shall be posted at www.oldelk.com/bourbon-month.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE 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

 

9. DISPUTES:  THIS 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 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 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 CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. 

 

10. PRIVACY:  Submission of personal contact information in connection with the 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 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 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.oldelk.com/privacy and/or www.oldelk.com/bourbon-month) 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 Contest winner’s name will be included in a publicly-available winners list.

 

11. PUBLICITY RIGHTS:  By participating in this Contest, each entrant grants Sponsor and Sponsor’s designee, the perpetual right to use his/her name, biographical information, likeness, picture, Artwork, and other information and content solely as provided in his or her Entry for any purpose related to or in connection with the 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 Contest.

 

12. GENERAL:  Any attempted form of participation in this 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 Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any attempted form of participation in this Contest other than as in these Official 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 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 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 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 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 Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the 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 Rules.  Sponsor’s failure to enforce any term of these Official 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 Contest details contained in these Official Rules and 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 Contest as set forth in these Official Rules shall prevail.

 

14. OTHER CONDITIONS:   Sponsor reserves the right at any time, in its sole discretion and without prior notice to entrants, to amend or modify the Official Rules or modify, suspend, or cancel the Contest for any reason, including, without limitation, in the event that any cause beyond the reasonable control of Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.  In the event of a cancellation, a winner will be chosen based on the total number of votes entrants have received as of the cancellation date.

 

15. WINNERS LIST:   For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, The Old Elk Scouts Grand Prize Drawing, 401 W. Mountain Avenue, Suite 200, Fort Collins, CO 80521. Winner List requests must be received no later than November 8, 2024.

©2024 Old Elk Distilleries, LLC.  All rights reserved.
Customer Service inquiries may be made at www.oldelk.com/contact-us.

All rights reserved.

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