Official rules for the High Water Festival x Garden & Gun Giveaway
March 30, 2023
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. THESE OFFICIAL RULES (“RULES”) GOVERN YOUR ENTRY IN THE GIVEAWAY AND ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR. THE GIVEAWAY IS GOVERNED BY THESE RULES AND IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED BY LAW.
THE GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION AND YOUR SUBMISSION TO HIGH WATER FESTIVAL AND GARDEN & GUN MAGAZINE, AND NOT TO INSTAGRAM.
1. Giveaway Description. Garden & Gun Magazine, LLC (“Sponsor”) are partnering with High Water Music Festival in Charleston, South Carolina for a giveaway to provide one (1) winner with tickets and lodging accommodations to the High Water Music Festival.
2. Giveaway Period. The Giveaway commences at 5:00 P.M. (Eastern Time) on March 30, 2023 and ends at 11:59 P.M. (Eastern Time) on April 5, 2023 (“Giveaway Period”). All entries must be received by 11:59 P.M. (Eastern Time) on April 5, 2023. Eastern Time will control for all purposes of the Giveaway. Sponsor’s clock will be the official timekeeper for the Giveaway.
3. Eligibility. The Giveaway is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Proof of residency and age may be required prior to award of any prize. Employees of Garden & Gun Magazine, LLC (“Sponsor”), including the immediate family members of such employees (i.e., parents, guardians, spouse, children, siblings, grandparents, step parents, step children and step siblings) regardless of where they reside; any person living in the same household of such employees, whether or not related to such employee; and other companies associated with the promotion of the Giveaway and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter the Giveaway.
4. Sponsor. The Giveaway is sponsored and administered by Garden & Gun Magazine, LLC, located at 701 East Bay St. No. 115, Charleston, SC 29403.
5. How to Enter. Enter the Giveaway by doing all of the following: (a) follow @gardenandgun and @highwaterfest on Instagram; (b) like the Giveaway post on @gardenandgun’s Instagram page; and (c) tag two friends in the comments on the Giveaway post. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to submit an entry.
Alternative Method of Entry (AMOE): In lieu of entering the Giveaway via Instagram, entrants may also enter the Giveaway by mailing a 3-by-5-inch notecard with the entrants name, email, and phone number to:
Garden & Gun
C/O High Water Festival x Garden & Gun Giveaway
701 East Bay St. No. 115
Each entrant is limited to one (1) entry.
6. Prize. The entrant selected will receive the High Water Music Festival – Weekender Experience prize package (“Prize”):
• Platinum Ticket per person (all packages are for two people, with the exception of one four-person package)
• Three (3) night-stay at the historic and beautifully renovated Gatekeepers Inn (check-in Friday, April 14th and check-out Monday, April 17th)
• Access to Friday night Welcome Social featuring signature drinks and appetizers
• Complimentary continental breakfast on Saturday and Sunday morning and grab-and-go snacks stocked in each house
• $100 dining credit for each guest to use at any of Charleston’s fabled restaurants
• Complimentary shuttle service on Friday evening to and from downtown Charleston
• One-of-a-kind on-stage photo opp (taken between sets)
• Exclusive tour of the festival grounds before the gates open
• On-site parking (one pass/package)
• On-site concierge
• Exclusive High Water Festival merchandise gift
• Access to all Platinum, VIP and GA areas
The approximate retail value of the Prize is $17,000.00. The prize is non-transferable, is not redeemable for cash, and cannot be returned or exchanged for redemption.
7. Agreement to Official Rules and General Prize Terms. Participation in the Giveaway constitutes entrant’s full and unconditional agreement to these Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon compliance with these Rules and fulfilling all other requirements set forth herein. Acceptance of the prize constitutes permission for Sponsor and its agencies to use a Winner’s name and/or likeness, biographical information, photograph, etc., other materials submitted for advertising and promotional purposes without additional compensation, unless prohibited by law. By entering or accepting the Prize, you as an entrant and the winner shall hold Sponsor and its promotional partners, its directors, officers, employees and assigns harmless from liability, damages or claims for injury or loss to any person or property (including death) relating to, in whole or in part, directly or indirectly, participation in this Giveaway, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion of privacy. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway, or in the announcement of the prize. Sponsor shall have no responsibility or obligation to any winner who is unable to accept the prize as described herein.
8. Random Drawing. On or about April 7, 2023 the Sponsor will select the winning entry in a random drawing of all entries received. Odds of winning depend upon the number of eligible entries received.
9. Winner Notification. The Sponsor will notify the potential winner following the conclusion of the Giveaway Period. The winner will be notified through Instagram, or if the winner entered via AMOE, the winner will be notified via email. If the potential winner does not respond within seventy two (72) hours, the Sponsor may select an alternate potential winner from the remaining entries. The potential winner will be required to complete, electronically sign and submit a declaration of compliance (“Declaration of Compliance”) and return an IRS W-9 form within one (1) week of the date of notification. In Sponsor’s sole discretion, a potential winner will forfeit the Prize if he or she (a) fails to respond within seventy-two (72) hours after notification; (b) declines or cannot accept, receive or use the Prize for any reason; (c) is determined by Sponsor to be ineligible; (d) does not comply with the Official Rules; or (e) fails to submit or fulfill the obligations of the Declaration of Compliance and IRS W-9 form. Sponsor will then award the Prize to an alternate winner from among all remaining eligible entries.
10. Technical Errors; No Tampering; Right to Cancel or Modify. Sponsor is not responsible for: (a) entries, prize notifications, or prize claims that are lost, late, incomplete, illegible, unintelligible, or damaged; (b) telephone, electronic, hardware, software, network, Internet or computer malfunctions, errors, or failures; (c) any injury or damage to an entrant’s or any other person’s computer or device relating to or resulting from participating in the Giveaway; or (d) Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control, including such events that result in the disruption or cancellation of the High Water Music Festival.
Sponsor will disqualify any entry that contains inaccurate information or does not comply with the Official Rules. Sponsor will disqualify any entrant who (a) tampers with the entry process or the operation of the Giveaway; (b) does not comply with the Official Rules; (c) commits fraud or deception in entering or participating in the Giveaway or claiming the Prize; or (d) enters the Giveaway multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. Sponsor reserves the right to terminate, modify, or suspend the Giveaway if, in its sole opinion, circumstances adversely affect the administration, security, fairness, or proper conduct of the Giveaway. If the Giveaway is terminated or suspended, Sponsor reserves the right in its sole discretion to conduct a random drawing from all eligible entries received as of the termination date.
11. Release and Limitations of Liability; Disclaimer of Warranty. By participating in the Giveaway, entrants and winners agree to release and hold harmless Sponsor, Instagram, and their parent companies, owners, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members, from any loss, claims, damages, or injuries of any kind associated with participation in the Giveaway, or the acceptance, possession, or use of any prizes. Any warranties or guarantees relating to the Prize are subject to the terms of Sponsor and/or High Water Music Festival.
12. Exclusion of Damages and Limitation of Liability. NONE OF SPONSOR OR SPONSOR ENTITIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE GIVEAWAY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.
13. Disputes. Except where prohibited, all disputes, claims, and causes of action at law or in equity arising out of or relating to this Giveaway, the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant or Sponsor in connection with the Giveaway, shall be (a) resolved individually, without resort to any form of class action; (b) governed by, and construed in accordance with, the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules; and (c) solely and exclusively brought in the state or federal courts located in Charleston, South Carolina. Entrants irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction. Claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred. No attorneys’ fees will be awarded. Entrant waives all rights to claim indirect, punitive, incidental, or consequential damages, any damages other than actual out-of-pocket expenses, or multiplied or increased damages.
15. Request for the Names of the Winner and Rules. To request the name of the winner and/or a copy of these Rules, send a self-addressed stamped envelope to: Garden & Gun Magazine, LLC, 701 East Bay St. No. 115, Charleston, SC 29403. Winner List requests will only be accepted after the Giveaway end date (April 5, 2023). All requests for the names of winner must be received by December 31, 2023.