Maine Bureau of Alcoholic Beverages and Lottery Operations

Lottery to Purchase Certain Spirits Products Official Guidelines

Description: This lottery (“lottery”) provides for the retail sale of the following limited availability products:

• Pappy Van Winkle 23 Year Bourbon
• Pappy Van Winkle 20 Year Bourbon
• Pappy Van Winkle 15 Year Bourbon;
• Van Winkle Special Reserve 12 Year Bourbon
• Old Rip Van Winkle 10 Year Bourbon
• Eagle Rare Bourbon 17 Year Bourbon
• William Larue Weller Bourbon
• Thomas H. Handy Rye Whiskey
• George T Stagg Bourbon
• Sazerac Rye 18 Year Whiskey
• Jack Daniel’s Sinatra Tennessee Whiskey
• Macallan Double Cask 18 Year Scotch Whisky
• Macallan Night on Earth Scotch Whisky
• Macallan Harmony #2 Scotch Whisky

The winner(s) of the lottery win the opportunity to purchase a bottle of one of these highly allocated spirits. The Maine Bureau of Alcoholic Beverages and Lottery Operations (BABLO), also referred to as Maine Spirits, is the sponsor of this lottery.

Eligibility: The lottery is open only to Maine residents, who are at least 21 years of age at the time of entry, who hold a valid Maine Driver’s License or Maine State issued ID, or an official identification card issued by a federally recognized Indian tribe in the State of Maine, which demonstrates Maine residency, all of which bear the participant’s photograph, signature, name, date of birth and expiration date (“Valid Identification”) and persons who hold an active agency liquor store license or a license to sell spirits for on-premises consumption (hereafter “licensees”). The lottery is only open to Maine residents and licensees who enter using the online lottery page at www.mainespirits.com. Maine residents and licensees may only enter one time for each product listed above and will be limited to winning the opportunity to purchase one (1) bottle of each product listed above. BABLO, its employees, BABLO’s contracted warehouse, distribution and trade marketing entity and its employees, owner and employees of contracted advertising and promotion agencies related to this lottery, and all other persons or entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of the lottery and immediate family members and/or those living in the same household of each are not eligible to participate in the lottery. There will be two (2) entry mechanisms for the lottery – one (1) for consumers and one (1) for licensees. Consumers are not eligible to enter the licensee’s lottery. The lottery is subject to all applicable federal, state and local laws. Void where prohibited.

Agreement to Guidelines: Consumers and licensees who register on the Maine Spirits website lottery entry page are severally referred to in these guidelines as “You” or “you”. You agree to be fully and unconditionally bound by these guidelines. In addition, you agree to accept the decisions of BABLO as final and binding as it relates to these guidelines.

Lottery Period: Entries will be accepted online starting on or about February 12, 2024 at 9:00 am (EST) through February 23, 2024 at 12:00 pm (EST). All online entries must be received by February 23, 2024 at 12:00 pm.

Method of Entry: There is only one method of entry for participating in this lottery. In order to submit an entry, you must complete the online entry form on the Maine Spirits website (www.mainespirits.com) during the applicable entry period. All fields are required to be completed for submission. You must provide a valid email address and it is strongly recommended that you take all necessary steps to ensure that emails sent by Maine Spirits can be received. BABLO is not responsible for any issues arising from sent email notifications being blocked, diverted, deleted, or otherwise not received.

For consumers: By submitting an entry for any product in this lottery, you are conveying your intent to purchase the item at a designated Agency Liquor Store at the current retail price and to pay applicable taxes and bottle deposit on that item.

For licensees who are agency liquor stores: By submitting an entry for any product in this lottery, you are agreeing to purchase the item from BABLO at the current wholesale price and to pay bottle deposit on that item.

For on-premises licensees: By submitting an entry for any product in this lottery, you are conveying your intent to purchase the item from a designated agency liquor store licensed as a reselling agent at the current retail price and to pay applicable taxes and bottle deposit on that item.

If you use fraudulent methods to enter the lottery or otherwise attempt to circumvent these Guidelines, your submission may be removed from eligibility at the sole discretion of BABLO.

Limit on Number of Entries: Each consumer or licensee may submit a maximum of one (1) entry per product listed below under Prizes that are offered in this lottery. Any consumer or licensee who submits, or is suspected of submitting, multiple entries for the same product listed below under Prizes may be disqualified. Each winner may only purchase one (1) bottle of each listed product.

Prizes: The approximate retail value of any prize is $0. The prize is the opportunity to purchase a bottle at the current retail price as follows:

You are not guaranteed to win a prize and your chance of winning is dependent upon the total number of eligible entries received. No cash or other prize substitution is permitted. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state and local taxes shall be the sole responsibility of the winner. Acceptance of prize by the purchase of product under these guidelines constitutes permission for BABLO to use the winner’s name, likeness and entry for advertising and trade purposes without further compensation, unless prohibited by law. The odds of winning depend on the number of eligible entries received.

Winner Selection and Notification: A random drawing process will be utilized to select the winning entries relative to each product code under the supervision of BABLO. Winners will be notified via email to the email address provided upon entry submission, within five (5) business days of the drawing. The winner must respond pursuant to instructions provided in the email before March 1, 2024 at 12:00 pm (EST).

Second Chance Lottery: If a consumer winner does not confirm their intent to purchase the bottle before March 1, 2024 at 12:00 pm, that bottle becomes available for a second chance lottery. The names that were not drawn as a winner in the initial lottery will be automatically entered into the second chance drawing, which will follow the same process as the initial lottery. If a winner of the second chance lottery does not confirm their intent to purchase the bottle before March 8, 2024 at 12:00 pm, the bottle will then be allocated to a Maine Spirits agency liquor store which has been selected at the discretion of Sazerac Co. Inc.

For consumers: Upon confirmation of the winner, the product will be purchased by the agency liquor store designated by you in the lottery entry unless changed by mutual agreement with BABLO for the purpose of selling the product to you. Each winner must personally appear at, and present valid identification at the designated agency liquor store when purchasing the bottle designated in the winner notification.

For licensees who are agency liquor stores: Upon selection of the winner, the product will be purchased by you. The product will be invoiced as normal and delivered to you by Pine State Spirits as part of your normal spirits delivery.

For on-premises licensees: Upon selection of the winner, the product will be purchased by the agency liquor store who is licensed as a reselling agent designated by you in the lottery entry unless changed by mutual agreement with BABLO for the purpose of selling the product to you. You must purchase the product in the same manner you purchase all spirts products from your reselling agent. You are responsible for contacting your reselling agent to arrange for pick up or delivery of your purchase.

A purchase of any product under this Lottery is subject to these Guidelines and all applicable Maine statutes, regulations and policies governing the retail sale of spirits. BABLO has no responsibility or liability for a winner’s failure to receive notices due to the winner’s spam, junk email or other email security settings or for the winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time the product is delivered to the designated agency liquor store, or fails to complete and execute a declaration and release as required by BABLO, the prize may be awarded to an alternate eligible entrant in a second chance lottery. If the product has already been purchased by an agency liquor to sell to the original winner, and the winner does not claim the prize within 30 days, the alternate winner must purchase the product at that agency liquor store location. The receipt by winner of a prize in this lottery is conditioned upon compliance with any and all federal and state regulations. AT BABLO’S SOLE DISCRETION, ANY VIOLATION OF THESE OFFICIAL GUIDELINES BY ANY WINNER WILL RESULT IN THE WINNER’S DISQUALIFICATION AND ALL PRIVILEGES AS A WINNER SHALL BE IMMEDIATELY TERMINATED.

Rights Granted: If you win and accept the prize by purchasing the product, you agree that BABLO and it officers, employees, licensees, agents, successors and assignees will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute and use your entry, including and without limitation, the entry and your name, picture, voice, likeness, image or statements about the lottery, and biographical information as news, publicity or information, and for trade, advertising, public relations and promotional purposes without any further compensation. By entering this lottery, you agree to receive email newsletters periodically from Maine Spirits. You may opt-out of receiving this communication at any time by clicking the “unsubscribe from this list” link in the newsletter.

Terms: BABLO reserves the right, in its sole discretion to cancel, terminate, modify or suspend the lottery should a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control, corrupt or affect the administration, security, fairness or proper conduct of the lottery. BABLO reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the lottery or website or violates these Guidelines. BABLO has the right to maintain the integrity of the lottery, to void entries for any reason, including, but not limited to: entries from individuals not at least 21 years old at the time of entry or an individual’s use of bots, macros or scripts or other technical means for entering. BABLO decisions relative to such matters are final and non-appealable. Any attempt by a person to deliberately damage any web site or undermine the legitimate operation of the lottery may be a violation of criminal and civil laws and should such an attempt be made, BABLO reserves the right to seek damages from any such person to the fullest extent permitted by law.

Resale of Product Prohibited: Items offered for sale to individual consumers are not intended for resale, unless the winner has a valid agency liquor store or on-premise license to sell spirits. The sale of alcoholic beverages without a license is strictly prohibited under Maine law. Anyone suspected of violating applicable Maine laws governing alcoholic beverages will be reported to the Division of Liquor Licensing and Enforcement. Anyone suspected of engaging in fraudulent or other criminal activity in connection with the lottery or otherwise, will be reported to the appropriate law enforcement authorities.

Limitation of Liability: By submitting an entry in the lottery, you agree to release and hold harmless the State of Maine and its employees, officers, directors, BABLO’s contracted warehouse, distribution and trade marketing entity and its employees, officers, directors, contracted advertising and promotion agencies and their employees, officers, directors, agency liquor store licensees, successors and assigns from any all liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from any circumstance including: (i) your participation in the lottery and/or your acceptance, possession, use, or misuse of any product purchased or any portion thereof; (ii) technical failures of any kind, including but not limited to, the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or promotion; and (v) electronic or human error which may occur in the administration of the lottery or the processing of entries.