The “Boston Marathon Finish Line VIP Ticket Giveaway” Instant Win Game (the “Promotion”) begins at 9:00:01 a.m. EST on April 14, 2023 and ends at 4:59:59 p.m. EST on April 16, 2023 (“Promotion Period”). The Promotional Period will be separated into three (3) Entry Periods:

 

Entry Periods	Dates
Entry Period #1	April 14, 2023
Entry Period #2	April 15, 2023
Entry Period #3	April 16, 2023

 

SPONSOR/ADMINISTRATOR: The Promotion is sponsored by Poland Spring, 109 Poland Spring Dr, Poland, ME 04274 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).

 

ELIGIBILITY: The Promotion is open to legal USA who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (“Entrants”). Additionally, the Promotion is only open to attendants of the 2023 Boston Marathon Fan Fest. The Promotion is not open to the general public. The Sponsor, TideSmart Global, LLC, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Promotion. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).

 

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Promotion. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

 

HOW TO PLAY/PARTICIPATE: During the Promotion Period, participants can enter the Promotion by visiting the Sponsor’s Boston Marathon Fan Fest booth. At the booth, Entrants will spin the Instant Win Prize Wheel. Limit one (1) spin (also known as a “Game Play”) per Entrant per Entry Period. Once an Entrants spins the Instant Win Prize Wheel, their Prize will be immediately provided at the Sponsor’s booth. The odds of winning a Prize depends on the total number of Game Plays per Entry Period and available spots on the Instant Win Prize Wheel.

 

PRIZES: There will be up to eight hundred thirty-two (832) Prizes (“Prize”) available in this Promotion as described below:

 

Prize	Entry Period #1 Qty	Entry Period #2	Entry Period #3	Total Prizes	Prize Value	Total ARV
VIP Tickets	2 Pairs	2 Pairs	3 Pairs	7 Pairs	$500	$4,000
Beanies	33	33	33	99	$9.75	$965.25
Sweatshirts	33	33	33	99	$18.50	$1,831.50
Flat Bills	63	63	63	189	$9.75	$1,842.75
T-Shirts	146	146	146	438	$8.30	$3,635.40
Total Prizes	277	277	278	832		$12,274.90

 

LIMIT ONE (1) PRIZE PER ENTRANT PER ENTRY PERIOD. Prizes are only available while supplies last. If the allotted number of a given Prize is reached during an Entry Period, the Sponsor will remove the corresponding section of the Instant Win Prize Wheel. All unclaimed Prizes will go unawarded.

 

Upon the Sponsor and Administrator’s confirmation of eligibility, each Potential Prize Winner will be considered a “Winner”. Prizes will be awarded to each respective Winner after their spin of the Instant Win Prize Wheel. Prize ARV calculation is based on Sponsor’s good faith estimate and is subject to change based on outside market conditions or economic forces for which Sponsor has no control. All other expenses associated with Prize usage not specifically mentioned herein are the sole responsibility of the Winners. No substitution or transfer of any of the Prizes will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another prize of equal or greater value.  Prizes are not negotiable with the Winner.

 

ADDITIONAL PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of their Prize. The Winners will be responsible for all local, state, and federal income taxes associated with the receipt of their Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize is unclaimed or undeliverable to the potential Winner, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified.

 

By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

 

GENERAL CONDITIONS: If for any reason the operation or administration of this Promotion is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice and award the Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Promotion; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Promotion; (iii) printing errors; (iv) errors in the administration of the Promotion or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt of the Prizes. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

 

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS PROMOTION OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.

 

By participating, Entrant’s release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Promotion or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Promotion is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s, province’s, or jurisdiction’s laws.  By participating in the Promotion, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the State of Maine; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.

 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Promotion and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.

 

PRIVACY: Information collected from Entrants/Winners is subject to Sponsor’s Privacy Policy which can be found at https://bluetriton.com/privacy-policy. By participating in the Promotion, you agree to the use of your personal information as described in the above Privacy Policy.

 

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by May 31, 2023, to: ASC/Poland Spring Boston Marathon Promotion Winners List Request, 300 State St. Ste. 402, Rochester, NY 14614.