“STAYCATION WITH AVIATION” Sweepstakes OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE TERRITORY AND WHERE PROHIBITED OR RESTRICTED BY LAW.
DATES OF SWEEPSTAKES: The “STAYCATION WITH AVIATION” Sweepstakes (the “Sweepstakes”) begins at 12:00:00 a.m. Pacific Daylight Time on [September 21, 2023] and ends at 11:59:59 p.m. Pacific Daylight Time on October 12, 2023 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
ELIGIBILITY: The Sweepstakes is open only to natural persons who are permanent legal residents of Oregon or Washington who reside within a seventy-five (75) mile radius of Providence Park, located at 1844 SW Morrison St., Portland, OR 97205 (the “Territory”) and are twenty-one (21) years of age or older at time of entry (the “Entrant”). Persons in the following categories are NOT eligible to participate or win the Prize in the Sweepstakes: (a) Peregrine TeamCo LLC (“Sponsor”), Peregrine Sports LLC (“Sponsor’s Affiliate”), Soccer United Marketing LLC (“SUM”), Major League Soccer, L.L.C. (“MLS” and together with Sponsor, Sponsor’s Affiliate, and SUM, the “Sponsor Entities”), and Diageo Americas, Inc. (“Diageo”), and each of their respective parent companies, subsidiaries, affiliates, related companies, dealers, advertising and promotion agencies, consultants, and agents and each of their respective directors, officers, members, managers, employees, representatives, and agents (collectively, the “Sweepstakes Entities”), (b) persons who are immediate family members and/or household members of each such person, (c) any other persons engaged in the development, production, execution, or distribution of this Sweepstakes, and (d) any officers, directors, members, managers, and employees of alcohol beverage suppliers, importers, wholesalers, distributors, or retailers. The transfer of the Prize from an ineligible person to an eligible person (and vice versa) is prohibited. The Sweepstakes is subject to all federal, state, and local laws and regulations. The Sweepstakes is void outside the Territory and wherever else restricted or prohibited by law, rule, or regulation. IF AN ENTRANT DOES NOT MEET THE FOREGOING REQUIREMENTS OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, THE ENTRANT IS NOT ELIGIBLE TO WIN THE PRIZE AND SPONSOR RESERVES THE RIGHT NOT TO AWARD THE PRIZE TO THE ENTRANT.
HOW TO ENTER: No purchase necessary to enter or win. Visit http://www.timbers.com/aviationgin, and complete the official online entry form (the “Entry Form”) in its entirety during the Sweepstakes Period, including by providing your first name, last name, date of birth, email address, telephone number, and zip code to receive one (1) entry into the Sweepstakes. No other method of entry will be accepted.
WINNER SELECTION / NOTIFICATION: One (1) prize winner (the “Prize Winner”) will be selected at random from all eligible entries received during the Sweepstakes Period. Odds of winning the Prize (defined below) are dependent upon the total number of eligible entries received during the Sweepstakes Period. The random drawing will be conducted by Sponsor, whose decisions are based upon their sole discretion and these Official Rules, and are final and binding in all respects.
The potential Prize Winner will be notified by Sponsor via email or phone (in Sponsor’s sole discretion), on or about October 13, 2023 (the “Notification”). Sponsor will make one (1) attempt to reach the potential Prize Winner via the Notification. In the event that the potential Prize Winner does not respond to any such Notification (by following the instructions contained in the Notification) within two (2) calendar days of issuance of such Notification or declines the Prize for any reason, or if it is determined by the Sponsor in its sole discretion that the potential Prize Winner is not eligible in accordance with these Official Rules, the potential Prize Winner will be disqualified and, in Sponsor’s sole discretion and time permitting, an alternate Prize Winner may be randomly selected from the remaining non-winning eligible entries received during the Sweepstakes Period. The potential Prize Winner is subject to verification. The potential Prize Winner will be required to complete and return the Required Documents (as defined and further described in the “PRIZE CLAIMS” section below), or such potential Prize Winner will be disqualified.
PRIZE: The Prize Winner will receive a prize (the “Prize”) consisting of (i) four (4) tickets to the Timbers vs. Houston Dynamo FC match on Saturday, October 21, 2023, 6:00:00 p.m. Pacific Daylight Time kick-off (the "Timbers Match”) (ARV: $304.00) (ii) hotel accomodations for two nights (double occupancy at a hotel in Portland, Oregon to be determined by the Sponsor) (ARV: $920.00), (iii) Aviation American Gin Distillery Tour for four at the Aviation American Gin Distillery and Visitor Center in Portland, Oregon on October 21, 2023 before the aformentioned match (the “Distillery Tour”) (ARV: $160.00), and (iv) a Timbers merchandise prize pack consisting of four (4) hats, four (4) scarves, and one (1) autographed jersey (ARV: $600.00). Total approximate retail value (“ARV”) of the Prize is $1,984.00. The Prize is non-redeemable for cash.
The Prize must be accepted as awarded. The Prize Winner must be available to attend the Timbers Match and Distillery Tour on October 21, 2023 included as part of the Prize, or the Prize Winner will be disqualified and, in Sponsor’s sole discretion and time permitting, an alternate Prize Winner may be selected, even if the disqualified potential Prize Winner’s name has already been publicly announced. Travel expenses (other than the hotel accommodations set forth above), are not included in the Prize and are the sole responsibility of the Prize Winner. The Prize Winner is solely responsible for all federal, state, and local taxes associated with Prize acceptance and use and all other expenses not specifically mentioned herein, including but not limited to transportation, parking, meals, beverages, incidental expenses, and gratuities. No substitution or cash redemption of the Prize is permitted. No responsibility is assumed by the Sweepstakes Entities for any cancellation or rescheduling of any Prize-related event, including but not limited to any cancellation or rescheduling of the Timbers Match and/or Distillery Tour, in whole or in part. In the event of cancellation or rescheduling, no alternate or substitute prize for such cancellation or rescheduling will be awarded. The Prize is not transferable and may not be resold. Sponsor reserves the right to substitute a prize of equal or greater value if the Prize becomes unavailable (in whole or in part).
Prize Winner and Prize Winner’s guests must observe and comply with the terms of the match tickets (whether included as part of a digital ticket or on the ticket backs to printed tickets) awarded as part of the Prize, in connection with entry to and attendance at the Timbers Match. Admission to the Timbers Match is subject to all security, fan conduct, safety, and health requirements and policies put in place by the Sponsor Entities, including requirements relating to face masks and enhanced health screenings (which may include a requirement that ticket holders be tested for COVID-19 prior to or during any game or provide proof of full vaccination against COVID-19, as defined by the United States Centers for Disease Control and Prevention, prior to attending any game) as they may be updated from time to time. Similarly, participation in Distillery Tour is subject to all security, conduct, safety, and health requirements and policies put in place by the Distillery (again, which may include a requirement that visitors to the Distillery be tested for COVID-19 prior to or during the Distillery Tour or provide proof of full vaccination against COVID-19.) Prize Winner and all guests must also comply with all applicable ticket terms and conditions and all applicable laws, policies, orders, ordinances, protocols, and guidelines issued by federal, state, and local authorities respecting COVID-19 and other communicable diseases, and attendance at the Timbers Match/Distillery Tour is conditioned on such compliance.
No more than the one (1) Prize as set forth in these Official Rules will be awarded. Additional terms and conditions may apply to the Prize. ALCOHOL IS NOT PART OF THE PRIZE.
PRIZE CLAIMS: Potential Prize Winner will be required to complete, execute, and return an Affidavit of Eligibility and Release, and unless prohibited by law, a Publicity Release (the “Releases”), an IRS Form W-9 (“W-9 Form”), and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) calendar days from issuance of Notification. If the potential Prize Winner fails to return the Required Documents within the time period required, or if the Notification email is returned as undeliverable, such potential Prize Winner forfeits their right to the prize and, in Sponsor’s sole discretion and time permitting, another Prize Winner will be selected from among all remaining non-winning eligible entries received during the Sweepstakes Period, even if the disqualified potential Prize Winner’s name may have been publicly announced. Prize Winner must report the Prize as income to the IRS. In the event it is deemed during the verification process that the potential Prize Winner does not have a unique, personal, and valid social security number or other form of valid tax ID number for Sponsor to report the tax liability associated with acceptance of the Prize, such potential Prize Winner will be disqualified and, in Sponsor’s sole discretion and time permitting, another Prize Winner will be selected as outlined above. Valid social security numbers or other forms of valid tax ID will be determined by IRS requirements.If it is determined by Sponsor, in its sole discretion, that a potential Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Prize Winner forfeits their right to the Prize and, in Sponsor’s sole discretion and time permitting, an alternate Prize Winner will be selected as outlined above, even if the disqualified potential Prize Winner’s name may have been publicly announced. In the event that a potential Prize Winner is disqualified for any reason and forfeits the Prize, the Sweepstakes Entities shall have no liability or obligation to such individual. PRIZE WINNER IS SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES (INCLUDING ANY AND ALL INCOME AND WITHHOLDING TAXES, SALES TAX, LUXURY TAX, AND/OR DESIGNATION CHARGES) INVOLVING THEIR PRIZE, AS WELL AS ANY AND ALL COSTS AND EXPENSES NOT EXPRESSLY SPECIFIED HEREIN RELATED TO THE PRIZE, INCLUDING WITHOUT LIMITATION THE COST TO INSURE THEIR PRIZE. PRIZE WINNER IS RESPONSIBLE FOR THEIR TRAVEL EXPENSES (INCLUDING WITHOUT LIMITATION GROUND TRANSPORTATION, AIRFARE, MEALS, INCIDENTALS, SERVICE CHARGES OR FACILITY CHARGES, PERSONAL CHARGES AT LODGING, SECURITY FEES, TAXES, OR OTHER EXPENSES) AND THEIR GUEST’S TRAVEL EXPENSES IN ANY WAY RELATED TO THE SWEEPSTAKES OR PRIZE. Except where prohibited by law, Prize Winner consents (and agrees to sign any additional documents required by Sponsor to formalize, effect, or perfect such consent) for the Sweepstakes Entities and their designees, to use their name, likeness (photograph and/or video), biographical information, and voice in advertising/publicity/trade without territorial or time limitations and without further compensation, notice or approval; and, Prize Winner disclaims any ownership rights of such advertising/publicity/trade material. The Sweepstakes Entities are not responsible for any change of email address, mailing address, and/or telephone number of Entrants.
Each guest of the Prize Winner must be twenty-one (21) years of age or older and must complete, execute, and return a Liability Release and, unless prohibited by law, a Publicity Release, as well as any other documents required by Sponsor within same time frame as potential Prize Winner has to complete, execute and return the Required Documents. The same guests must accompany the Prize Winner to the Timbers Match and Distillery Tour. Should the Prize Winner elect to accept the Prize with fewer than three (3) guests or if fewer than three (3) guests timely complete, execute, and return the Liability Release and Publicity Release, the Prize Winner will be issued the Prize in increments appropriate for the Prize Winner and the actual number of guests attending the Timbers Match and Distillery Tour, and no alternate prize or compensation will be awarded.
GENERAL CONDITIONS: If the performance of the Released Parties (as defined below) of any obligation under these Official Rules or the Sweepstakes is delayed or prevented in whole or in part by acts of God, fire, floods, storm, explosion, tsunami, accidents, epidemics, pandemics (including without limitation the COVID-19 Pandemic), war, terrorism, civil disorder, strikes or other labor difficulties, or by any law, rule, regulation, order, or other action adopted or taken by any federal, state, or local governmental authority, or by any other cause not reasonably within the Released Parties’ control, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or to conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. In such event, Sponsor reserves the right to award the Prize at random from among the eligible entries received up to the time of the impairment or not at all. Sponsor reserves the right in its sole discretion to disqualify any individual Sponsor finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate, or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF SUCH TERM.
RELEASE: This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Facebook, Instagram, Twitter/X, or their affiliates (“Social Media Platforms”). By participating in the Sweepstakes and submitting an entry, each Entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and the decisions of Sponsor, which are final and binding on all matters; and (b) hold the Sweepstakes Entities and the Social Media Platforms, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) harmless from and against any claim or cause of action (and all associated costs, losses, or damages), and waive any and all claims against the Released Parties for any injury, damage, or loss of any kind to persons, including death, property loss, or damage, that may occur directly or indirectly, in whole or in part, from participation in the Sweepstakes or from the receipt or use of the Prize (or any portion thereof, including attendance at the Timbers Match, entry into the stadium, or participation in the Distillery Tour) or any travel or activity related to the receipt or use of the Prize (or any portion thereof); the violation of any privacy, personal, publicity, or proprietary rights; 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 the Prize (or any component thereof), any change in the Prize or prizing (or any component thereof); human error; any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; lost, late, stolen, misdirected, damaged, or destroyed Prize or prizing (or any element thereof); or the negligence or willful misconduct by Entrant.
By participating in the Sweepstakes, Entrants further agree that Released Parties are not responsible for and have no liability for: (i) lost, late, incomplete, stolen, misdirected, or undeliverable emails; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt, or jumbled transmissions, or 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, destruction, or unauthorized access to the Sweepstakes; (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 Sweepstakes and/or accepting the 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 Released Parties are not responsible for any unanswered or undeliverable Prize Winner Notifications.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS PROVIDED “AS IS” AND WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OREGON, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Each Entrant agrees that any and all disputes that cannot be resolved between the parties and other causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Multnomah County, Oregon, having jurisdiction. This Sweepstakes may not be used for any form of gambling. In the event that the Sweepstakes is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Sweepstakes, or disqualify Entrants residing in the affected geographic areas. In such event, the Sweepstakes Entities will have no liability to Entrant or to Prize Winner or any potential Prize Winner who is disqualified due to such an action. The invalidity or unenforceability of of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provision were not contained therein.
CONDUCT: If at any time, in the sole and absolute discretion of Sponsor, an Entrant or Prize Winner becomes the subject of public disrepute, contempt, or scandal that could affect Released Parties’ respective images or goodwill, then Sponsor may, without prior notice, immediately suspend, revoke, and/or nullify an Entrant’s or Prize Winner’s entry or may disqualify the Entrant or Prize Winner, in addition to any other rights and remedies Released Parties may have hereunder or at law or in equity, with no further obligation whatsoever on the part of Released Parties.
NAME AND RIGHTS: Entrants acknowledge and agree that Entrants acquire no right, title, or interest through the Sweepstakes to any mark, intellectual property, or property of the Sweepstakes Entities. Without limiting the foregoing, Entrants specifically acknowledge and agree that entrants may not use, and shall not use, the names “Aviation American Gin,” “Aviation Gin,” “Timbers,” “Portland Timbers,” Portland Timbers Football Club,” “Peregrine TeamCo LLC,” “Peregrine Sports LLC,” or any derivatives of such names (a) in any Entrants’ respective or combined personal advertising, publicity, or promotion; (b) to express or imply any endorsement by the Sweepstakes Entities; or (c) in any manner whatsoever (whether or not similar to the uses hereinabove specifically prohibited), unless otherwise agreed to in writing by Sponsor or Diageo, as applicable.
WINNER’S LIST: For the name of the Prize Winner, available after October 28, 2023, please submit a self-addressed, stamped envelope to 1844 SW Morrison Street, Portland, OR 97205, Attn: Winner’s List – “STAYCATION WITH AVIATION” Sweepstakes. All such requests must be received by Sponsor by December 31, 2023.
OFFICIAL RULES: A copy of these Official Rules may be obtained during the Sweepstakes Period by visiting http://www.timbers.com/aviationgin
SPONSOR: The Sponsor of this Sweepstakes is Peregrine TeamCo LLC d/b/a Portland Timbers, 1844 SW Morrison St., Portland, OR 97205. Diageo has not offered or sponsored this Sweepstakes and is not responsible for the selection of the Winner or the award of the Prize.
This Sweepstakes shall not be published without the written permission of the Sponsor.