Terms and Conditions

O.F.C. Bourbon Whiskey Charitable Donation Terms and Conditions

Before you submit an Application to the O.F.C. Bourbon Whiskey Charitable Donation (“Donation”), please read the Terms and Conditions below.  You must click the “Submit” button on the Application webpage to signify that you and the Eligible Entity on whose behalf you are submitting the Application agree to be bound by these Terms and Conditions. 

  1. WHO CAN APPLY:
    1. The Donation is open to Eligible Entities who apply via an Authorized Representative.  An Eligible Entity is an existing nonprofit organization under Section 501(c)(3) of the United States Tax Code [26 U.S.C. Section 501(c)(3)] at the time the Application is submitted that is located in the fifty (50) United States and/or the District of Columbia.  Eligible Entities will be required to submit proof of eligibility to Buffalo Trace Distillery in the form of an Employer Identification Number, IRS Determination Letter, Articles of Incorporation, Certificate of State Registration, or other form of government-issued documentation deemed acceptable by Buffalo Trace Distillery in its sole and absolute discretion.  Proof of eligibility will be evaluated by Buffalo Trace Distillery in its sole and absolute discretion.  
    2. An Authorized Representative is an individual who is (a) 21 years of age or older, (b) a legal resident of one of the fifty (50) United States or the District of Columbia, and (c) a legally authorized representative of an Eligible Entity for purposes of submitting an Application to the Donation.  An Authorized Representative may be required to submit written proof of his or her authorization to apply to the Donation on behalf of an Eligible Entity.  Proof of authorization will be evaluated by Buffalo Trace Distillery in its sole and absolute discretion. Buffalo Trace Distillery is not responsible or liable for any disputes between individuals and organizations arising under or related to the Donation.
    3. Buffalo Trace Distillery reserves the right to disqualify any individual, entity, or organization that is determined, in Buffalo Trace Distillery’s sole and absolute discretion, to be (a) tampering or attempting to tamper with the application process, the operation of the Donation, or any Buffalo Trace Distillery website; (b) violating these Terms and Condition; (c) violating the terms of service, conditions of use and/or general rules of any Buffalo Trace Distillery website; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass any other person or acting fraudulently in any manner.
  2. APPLICATION REQUIREMENTS:
    1. During the Application Period [from 12:00 a.m. Eastern Time (“ET”) on September 20, 2016 to 11:59 p.m. ET on October 20, 2016], an Authorized Representative must visit the Application Page, fully and accurately complete the form on that Application Page (including without limitation providing the date of the Eligible Entity’s fundraising event that will take place no later than March 1, 2017), and click the “Submit” button to submit an Application.  Limit one (1) Application per Eligible Entity during the Application Period.
    2. After submission, Applications may be reviewed for compliance with these Terms and Conditions.  Such review does not relieve the Eligible Entity from responsibility for compliance with these Terms and Conditions.  Applications that do not comply with these Terms and Conditions or that otherwise contain prohibited or inappropriate content as determined by Buffalo Trace Distillery, in its sole and absolute discretion, may be disqualified at any time.  Buffalo Trace Distillery, in its sole and absolute discretion, will make the final determination as to which Authorized Representatives, Eligible Entities, and/or Applications will be deemed accepted and eligible for participation in the Donation.
  3. SELECTION PROCESS:
    1. Representatives of Buffalo Trace Distillery will select up to 200 Eligible Entities as potential Participants in the Donation.  Each potential Participant will be required to sign and return Affidavit of Eligibility/Liability & Publicity Release (“Release”) within 10 days of first attempted notification.  Failure to comply within this time period may result in disqualification and selection of an alternate potential Participant.  In such event, Buffalo Trace Distillery will have no further responsibility to the potential Participant in connection with the Donation.  Buffalo Trace Distillery will award one (1) bottle of O.F.C. Bourbon Whiskey to each selected Participant, subject to verification of eligibility and compliance with these Terms and Conditions.  Participants will be announced on the Buffalo Trace Distillery website on or about November 1, 2016. 
  4. TAXES:
    1. Buffalo Trace Distillery recommends that all Eligible Entities review their Application with their legal/tax advisor to determine their potential tax liability, if any, in connection with obtaining one (1) bottle of O.F.C. Bourbon Whiskey from Buffalo Trace Distillery as part of this Donation.  If there is any tax liability, it will be the sole responsibility of the Eligible Entity.
  5. GENERAL:
    1. If for any reason the Donation is not capable of being administered as planned, including without limitation, lack of sufficient number of Eligible Entities or Applications to support the continuation of the Donation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Donation, or for any reason Buffalo Trace Distillery deems, in its sole and absolute discretion, that the Donation is not meeting the expected goals, Buffalo Trace Distillery reserves the right, in its sole and absolute discretion to cancel, modify or terminate the Donation.
    2. By submitting an Application to  Buffalo Trace Distillery, each Eligible Entity represents and warrants that, if it is selected as a Participant in the Donation, it will (a) complete its fundraising event involving the bottle of O.F.C. Bourbon Whiskey by no later than March 1, 2017; (b) report the amount fundraised by the bottle of O.F.C. Bourbon Whiskey to Buffalo Trace Distillery by no later than March 1, 2017; and (c) dispose of the bottle of O.F.C. Bourbon Whiskey in accordance with all applicable laws and regulations.
    3. Buffalo Trace Distillery reserves the right, in its sole and absolute discretion, to require an Eligible Entity and/or Authorized Representative to submit to a confidential background check to confirm eligibility and help ensure that the use of any person in advertising or publicity for the Donation will not bring Buffalo Trace Distillery into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Buffalo Trace Distillery, its agents or the Donation as determined by Buffalo Trace Distillery in its sole and absolute discretion.
    4. These Terms and Conditions and their performance will be binding on the Eligible Entity, the Authorized Representative, and their respective heirs, administrators, executors, successors and assigns.
    5. The construction, validity, interpretation and enforceability of these Terms and Conditions and this Donation will be governed by and construed in accordance with the laws of the State of Kentucky without giving effect to any choice of law or conflict of law rules.  By submitting an Application, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Kentucky.  Notwithstanding the foregoing, entrant acknowledges that Buffalo Trace Distillery may nonetheless: (1) seek to obtain injunctive or other equitable relief from any court to enforce the provisions of these Terms and Conditions; and/or (2) bring an action in any court to protect or interpret any of Buffalo Trace Distillery’s purported intellectual property rights.
    6. Eligible Entity will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Buffalo Trace Distillery to further evidence or effectuate Buffalo Trace Distillery’s rights as set forth in these Terms and Conditions.  Eligible Entity appoints Buffalo Trace Distillery as its attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Eligible Entity fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).
  6. SPONSOR: Buffalo Trace Distillery, 113 Great Buffalo Trace, Frankfort, KY 40601