NH LIQUOR COMMISSION LIMITED RELEASE PRODUCT DRAWING PROGRAM

NH Liquor Commission Limited Release Product Drawing Program

Terms and Conditions for Participation by Individual Consumers

The New Hampshire Liquor Commission (NHLC), based on its statutory grant of authority, is the primary wholesaler and retailer of spirits and wine in New Hampshire. Because of this role, the NHLC is able to purchase and has the responsibility to distribute spirits or wine products that are released by manufacturers or suppliers in limited allocations and generate considerable consumer demand. The NHLC has developed and implemented the Limited Release Product Drawing program in an effort to equitably distribute these types of products among our consumers. Through the program, interested individual consumers can enter random drawings to secure the opportunity to purchase specific spirits or wine products at the advertised prices established by the NHLC. Each Limited Release Product Drawing conducted by the NHLC may involve single bottles of spirits or wine or multi-bottle packages of spirits or wine. Separate individual consumer drawings will be conducted for each single bottle product code and multi-bottle package product code made available for sale through a NHLC Limited Release Product Drawing.

Selection of Product Codes or Brands

The NHLC has the sole discretion to select the product codes or brands that it will make available for sale through a Limited Release Product Drawing. Selection of a product code or brand for inclusion in a drawing does not guarantee that the same product code or brand will be made available again through subsequent drawings.

Pricing

The NHLC has the sole discretion to determine the retail prices for spirits or wine items offered for sale through Limited Release Product Drawing. The advertised retail prices for any spirits or wine items offered for sale through a Limited Release Product Drawing will include a NHLC markup. The NHLC reserves the right to correct any typographical errors or other pricing errors at any time.

General Terms of Sale

The posting or advertisement of any item for sale on www.liquorandwineoutlets.com, including an item made available through a Limited Release Product Drawing, will be considered an invitation to submit an offer to purchase the item at the posted or advertised price. An individual consumer who enters a drawing will be considered to have made an offer to purchase the item at the posted or advertised price. Such an offer to purchase an item will not be considered accepted by the NHLC until the item is picked up at the New Hampshire Liquor and Wine Outlet location selected by the customer. The NHLC reserves the right to reject any offer to purchase an item prior to the time of pickup. The NHLC also expressly reserves the right to claim any available defenses to breach of contract claims or any other claims arising from the drawing and subsequent sale of wine, spirits, and any related items, including the defense of sovereign immunity.

The sale of alcohol to anyone under the age of 21 is strictly prohibited under New Hampshire law.

Distribution of Drawing Inventory

The NHLC will attempt to proportionately distribute its inventory of products made available for sale through a Limited Release Product Drawing. The NHLC reserves the right to withhold certain quantities of its available inventory from the drawing pools of its available inventory in order to satisfy operational needs.

Eligibility to Participate

In order to be eligible to participate in any Limited Release Product Drawing, individual consumers must create an account at www.liquorandwineoutlets.com/drawing and have billing information on file through the Customer Profile. Only consumers entered into the limited release list with a completed profile, who are at least 21 years of age, have provided a verifiable mailing address, and have designated a valid New Hampshire Liquor and Wine Outlet for their pick up location are eligible to participate in a Limited Release Product Drawing.

Employees of NHLC, its licensees, advertising and promotional partners, local brokers and suppliers and members of the immediate family of any such persons are not eligible to participate. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

Entry Period

Consumers may enter the drawing year round at www.liquorandwineoutlets.com/drawing.  However, entries received while a Limited Release Product Drawing event is in progress will be held and submitted for future drawing events. The NHLC reserves the right to cancel, delay, modify, or extend the applicable entry period for any drawing event.

Method of Entry

There is only one method of entry for participating in any Drawing conducted by the NHLC. In order to be eligible to participate in any Limited Release Product Drawing, individual consumers must create an account at www.liquorandwineoutlets.com/drawing and select the particular product drawings within the list of available options. By submitting an entry for any product drawing, the entrant is conveying his or her intent to make an offer to purchase one item of the product at the advertised retail price. It is strongly recommended that individual consumers verify that their billing information on file in the Customer Profile is accurate and up-to-date whenever submitting an entry for a drawing.

Limit on Number of Entries

The creation or use of multiple NH Liquor and Wine Outlets Customer Profiles for purposes of participating in a Limited Release Product Drawing is strictly prohibited. Each individual consumer is responsible for creating and maintaining his or her own Customer Profile. The use of proxy profiles for purposes of participating in a Limited Release Product Drawing is strictly prohibited. Anyone suspected of engaging in this prohibited conduct may be disqualified from participating in current and future Limited Release Product Drawings.

There is also a limit of one entry per household or billing address for each product code drawing conducted as part of a Limited Release Product Drawing. If more than one entry is submitted for the same product drawing by different individuals living in the same household or sharing a billing address, the NHLC reserves the right to either disqualify all entries or accept only the first entry received from that household or billing address.

Purchase Limits

Under no circumstances will any individual consumer be permitted to purchase more than one item during the same Limited Release Product Drawing event, regardless of the number of product code drawings conducted or entered. Similarly, under no circumstances will persons living in the same household or sharing the same billing address be permitted to purchase more than one item during the same drawing event, regardless of the number of product drawings conducted or entered. These purchase limits will be strictly enforced.

Drawing Notification

Drawings may occur throughout the year. Prior to any drawing, the list of customers who have created a profile and checked the “Notify me of upcoming drawing” box will be notified via e-mail. It is recommended that the customer add marketing@liquorandwineoutlets.com as a safe sender. The NHLC is not responsible for any email notifications being blocked.

Drawings

The drawing will take place only online. The website address and the time of the drawing will be listed in the e-mail notification. The website will display a form that the user can fill out stating that they are interested in purchasing the limited release product. Once active, the form will be accessible for 48 hours. Customers may enter the drawing during that 48-hour period. The store preference listed in the customer’s profile cannot be changed after entry. Only one entry per customer will be accepted. Once the 48-hour period has closed, entries will be drawn at random.

All drawings will be administered by an independent party. The NHLC will review all selected entries following their selection to verify the eligibility of the entrant and the entry. The NHLC reserves the right to disqualify entries at any time, and the NHLC’s decisions relative to such matters shall be final and non-appealable.

Selected Entries

Once the entries have been selected and verified for all product drawings conducted as part of a Limited Release Product Drawing event, the NHLC will send the product to the selected NHLWO location on file in the customer profile and will notify the selected entrant when it is ready for pick up.  The selected entrant must purchase the product within 14 calendar days of notification that the product has arrived at the NHLWO. The selected entrant must purchase the product in person and must present a valid picture ID with correct name and address on file with the NHLC at the time of purchase. No agent or third-party may purchase the selected product on behalf of the selected entrant.

Selection of an entry does not convey or entitle the entrant to receive any right or title to any product owned and offered for sale by the NHLC; it merely creates an opportunity to make a purchase as otherwise set forth herein.

Processing of Payments

The NHLC will process the payment for each winning entrant upon purchase at the designated store. Only the actual entrant may purchase and claim the product selected. A valid ID with name and address matching the entrant’s information in his or her Customer Profile, and proof of age 21 years or older will be required. Providing valid and accurate profile information is solely the responsibility of each entrant.

Second Drawings

If a selected entrant’s payment is unable to be processed because of payment issues, or if the entry of a selected entrant is determined to no longer be eligible for any other reason, the item associated with that entry may be subject to a second drawing, to the extent that any other eligible entries remain in the applicable individual consumer drawing pool for that product.

Notification of Non-Selection

Entrants whose entries are not selected during any Limited Release Product Drawing will be notified via email after the conclusion of the drawing event.

Broken, Damaged or Lost Items

If an item is broken, damaged, or otherwise lost prior to the time of purchase/pick up—whether by the supplier, shipping company or the NHLC—the selected entrant will only be entitled to first offer on another allocation of a bottle. Additionally, the NHLC is not responsible for and will not offer any compensation for any product breakage, damage, or loss that may occur after a winning entrant has taken possession of a product.

Resale of Product/Criminal Activity Prohibited

Items offered for sale to individual consumers are not intended for resale. The sale of alcoholic beverages without a license is strictly prohibited under New Hampshire law. Anyone suspected of violating applicable New Hampshire laws governing alcoholic beverages will be subject to enforcement action.

Furthermore, anyone suspected of engaging in fraudulent or other criminal activity in connection with a Limited-Release Product Drawing or otherwise will be reported to the appropriate law enforcement authorities.

Disqualification from Participation

Anyone who violates these terms and conditions may be disqualified from participation in current and future Limited Release Product Drawings. The NHLC also reserves the right to disqualify any individual consumer suspected of engaging in any conduct intended to circumvent these terms and conditions or otherwise gain an unfair advantage over other entrants from participating in current or future drawings. The NHLC’s decisions relative to such matters shall be final and non-appealable.

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