24K SelvaRey Sweepstakes Las Vegas
Official Rules (the “Official Rules”)
THE SWEEPSTAKES IS RESTRICTED TO ENTRANTS WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTERING THE SWEEPSTAKES AND WHO ARE LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, EXCEPT FOR THE STATE OF WEST VIRGINIA. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. NO PURCHASE OR PAYMENT NECESSARY. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The 24K SelvaRey Sweepstakes Las Vegas (the “Sweepstakes”) is open only to legal U.S residents who are at least twenty-one (21) years old at the time of entry. Void where prohibited or restricted by law. The following individuals are not eligible to win the Sweepstakes: (a) employees of (i) Sponsor (as defined in Section 2 below) or any related or affiliated companies, (ii) vendors of Sponsor or Administrator (as defined in Section 2 below), (iii) licensed alcoholic beverage distributors and retailers, and, in each case, any of its or their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and (b) the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such individual. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s (as defined in Section 2 below) decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase or payment is necessary to enter or win the Sweepstakes.
- Sponsor and Administrator
Sponsor: Pacific Plate Spirits, Inc., West Hollywood CA 90069
Administrator: Queue Technologies, Inc., San Francisco, CA 94105
The Sweepstakes begins on Wednesday, December 6, 2017 at 12:00:00 a.m. Pacific Time (“PT”) and ends on Tuesday, February 6, 2018 at 11:59:59 p.m. PT (the “Sweepstakes Period”). Sponsor is the official timekeeper for this Sweepstakes.
- How to Enter
To enter: register and enter by confirming that you are over 21, and submitting your name and email address to Sponsor through the form available at http://www.selvarey.com/sweepstakes-lv (the “Website”). To receive additional entries: take one or more of the actions listed on the Website and/or in the Bonus Activities below, in order to earn points and move up the ranking and, if sufficient points are accumulated, receive the corresponding number of additional entries into the draw for the grand prize. Entrants will receive one (1) additional entry for the grand prize for each 10 points earned.
Complete Bonus Activities via Instagram. To complete Bonus Activities in the Sweepstakes you must have an active non-private Instagram account (i.e., your posts must be set to “public” and not “private”) and you must follow the @SelvaReyRum profile. If you do not have an Instagram account, you can create one for free at www.instagram.com. A compatible mobile or similar device is required to download the app and use the Instagram social media platform. IF YOU CHOOSE TO SUBMIT A PHOTO OR VIDEO OF OR WITH A DRINK, THE DRINK NEED NOT BE AN ALCOHOL BEVERAGE. You may include a comment along with your photo, but this is not required. Your post must include #24KSelvaReySweepstakes and any additional hashtag listed below, and must comply with these Official Rules (including the Submission Guidelines below). You must follow the instructions for the Bonus Activities below and also direct message your submission to @SelvaReyRum.
When posting any Bonus Activity photo or video on Instagram, you MUST include the hashtag #24kSelvaReySweepstakes. In accordance with applicable law, the use of the hashtag #24kSelvaReySweepstakes serves to disclose to the public that by posting your photo on an Instagram account, you are entering a sweepstakes for Pacific Plate Spirits, INCand SelvaRey rum for the opportunity to win prize(s) from Pacific Plate Spirits, INC. as the Sweepstakes sponsor. If the hashtag #24kSelvaReySweepstakes is omitted from your photo or video, your Sweepstakes entry will be disqualified by Sponsor.
By posting a photo or video, you agree that it conforms to these Official Rules and that Sponsor, in its sole discretion, may declare your entry void and disqualify you from the Sweepstakes if it believes that your entry fails to conform, for any reason Sponsor deems appropriate in its sole discretion, to these Official Rules.
The photo or video, including any accompanying text (as applicable) must be taken/created solely by the owner of the Instagram account and must comply with the Submission Guidelines below. By submitting an entry, entrant represents and warrants that: the entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity; and the person(s) depicted or referenced in the photo or video, including any accompanying text (as applicable) has given his or her express written consent to its submission into the contest and use as contemplated by these Official Rules and by submitting any photo/video including any accompanying text that contains the name, image, voice, signature, statements, likeness of (or other reference to) any person, you hereby represent and warrant that you have obtained such written permission.
In addition to other activities listed, points will be awarded for certain activities, as described herein, consisting of performing, and submitting photos or videos of, certain interactions with the SelvaRey product or bottle (“Bonus Activities”).
Bottle & Product Use in Submissions
PURCHASE IS NOT REQUIRED. Bonus Activities may be performed with either actual SelvaRey Rum bottles or official images of the SelvaRey Rum bottles, which are available for free download at the following links: SelvaRey White Rum or SelvaRey Cacao Rum. Bottle images must be printed at actual bottle size and be clearly shown in any photographs and videos, like an actual bottle, as described herein. Submissions need not contain actual SelvaRey rum or any other alcoholic beverage but must include a reasonable approximation of it. Actual bottles of SelvaRey Rum may be obtained at any of the purchase locations listed at http://selvarey.com/where-to-buy-selvarey-rum/
Description of Bonus Activities
Straight Up and Down (750 points/75 entries)
How do you enjoy your SelvaRey White Rum? On the rocks? In a Mojito? All by its delicious lonesome? Grab a bottle of our luxurious white rum, take a picture and post using the hashtag #SelvaReyMyWay AND #24kSelvaReySweepstakes. Photo must feature SelvaRey brand, bottle or logo.
Unorthodox Chocolate (750 points/75 entries)
Where do you drink your SelvaRey Cacao Rum? In the kitchen? At the club? On the back of an 800 pound gorilla in a jungle made of solid gold? Take a pic of SelvaRey Cacao Rum in your favorite exotic setting. Use the hashtag #SelvaReyAllDay AND #24kSelvaReySweepstakes. Photo must feature SelvaRey brand, bottle or logo.
Rumaway Baby (2000 points/200 entries)
Channel your inner bartender and share a video of yourself making your favorite SelvaRey or virgin cocktail. Use hashtag #SelvaReyFave AND #24kSelvaReySweepstakes. The SelvaRey brand, bottle or logo must be featured, but cocktail does not need to include SelvaRey or any other alcoholic beverage. Make sure to name your cocktail and include the recipe. Not sure where to start? Find inspiration here.
Submission Guidelines: The photograph or video included in your bonus activity submission:
- Must be completely original, e., entirely of your own design and creation, without collaboration with, anyone other than the entrant, and without being copied from any pre-existing materials or designs of anyone other than the entrant;
- Must not comprise or include any intellectual property, including trademarks, trade dress, or copyrights, that is owned by any person or entity other than entrant or Sponsor;
- Must not contain material that either violates or infringes another’s rights, including, but not limited to, rights of privacy, publicity or intellectual property, or that otherwise constitutes copyright or trademark infringement;
- May not depict children or items especially appealing to children;
- Must not contain material that, in Sponsor’s sole discretion, is sexually explicit or suggestive, inappropriate, indecent, offensive, obscene, profane, hateful, tortuous, derogatory, defamatory, or vulgar, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Must not have previously been published;
- Must not advertise or promote any product of any kind (except for Sponsor’s products), or contain any personal identification, including, but not limited to, license plate numbers, personal names, e-mail addresses or street addresses, nor the likeness of any identifiable person (unless the entrant has a release or other legal right to use the likeness);
- Must not contain material that is unlawful, in violation of, or contrary to, the laws or regulations in any state where it is created;
- Must not promote underage drinking, drugs, tobacco or firearms;
- Must not contain the name/logo of any alcohol beverage retailer, including in the background;
- Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; nor the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
- Must not disparage Sponsor, or any other person or party affiliated with the Sweepstakes; and
- Must not communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wish to associate.
Sponsor reserves the right to disqualify any bonus activity submission that does not comply with the submission requirements listed above, or that is otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules. All terms and conditions of Instagram.com apply. Any communication or information transmitted to the Sponsor by mail, e-mail, or otherwise, is and will be treated as non-confidential and nonproprietary.
Entering is free. Limit: One (1) registration entry per person, per email address during the Sweepstakes Period. Multiple entries will automatically result in disqualification. All entries must be received no later than 11:59:59 p.m. PT on Tuesday, February 6, 2018.
Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor or its agents. Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or entry method. Sponsor is not responsible for technical difficulties or internet service disruptions or other equipment or service issues which might affect an online user’s ability to enter and qualify or the ability of Sponsor to notify the winners. Entrants may not use any other device or artifice to enter in excess of the number of entries allowed.
If using Instagram to earn points, you must also fully comply with all of Instagram’s terms at www.help.instagram.com/478745558852511 and privacy terms at www.help.instagram.com/155833707900388 (collectively, “Instagram Terms”), and by entering you agree to be bound by these Official Rules and the Instagram Terms.
- Winner Selection
Grand Prize Winner
ONE (1) winner will be randomly selected from all eligible entries on Wednesday, February 7, 2018 in a random drawing from among all eligible entries received, to win the grand prize. The drawing will be conducted by Administrator, an independent third party organization, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Sweepstakes.
Runner Up Prize Winners
There will be twenty (20) runner up prizes awarded, based on the number of entries received by the potential runner up prize winners, as administered by Administrator. Provided that they are eligible to win a prize in accordance with these Official Rules, the first runner up prize will be awarded to the entrant with the highest number of entries, at the top of the leaderboard at the end of the Sweepstakes Period, the second runner up prize will be awarded to the entrant with the second highest number of entries, in second position on the leaderboard, and continuing on through the twenty (20) entrants with the highest number of entries. The grand prize winner is not eligible to also win a runner up prize.
Odds of winning a prize will be determined by the total number of eligible entries received. The awarding of each prize is subject to verification of each potential winner’s eligibility. The runner-up winners will be notified by email on or around Monday, February 12, 2018, and may be required to sign and return an Affidavit of Eligibility/Liability Release/Publicity Release. Winners will be required to furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver’s license, birth certificate or passport) within one (1) day of notification. If any prize notification is returned as undeliverable, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received.
- SPONSOR AND/OR ADMINISTRATOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED.
- Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each winner must be 21 years of age or older. The potential winner may be required to provide Sponsor or Administrator with documentation that shows he or she was an eligible participant. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Administrator may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Any and all guarantees and warranties are subject to the manufacturer’s terms and conditions, and winner agrees to look solely to such entity for any such warranty or guarantee claim. Winners are solely responsible for all federal, state and local income taxes.
Sponsor reserves the right to conduct a background check of any criminal records of any prize winner. To the extent necessary and permitted by law, prize winners authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify any prize winner from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
One (1) grand prize will be awarded. The grand prize winner will receive a trip for two (2) to Las Vegas, Nevada. The grand prize package includes round trip coach air transportation from the major airport nearest the winner’s home (as determined by the Sponsor) to Las Vegas, Nevada. A 3 day, 2-night stay (one room double occupancy) at a hotel of the Sponsor’s choice, two (2) tickets to see Bruno Mars live in concert on or around February 17, 2018, an in-person meet and greet with Bruno Mars, a SelvaRey tee shirt, a 24k Magic World Tour tee shirt, and a $500 gift card. The trip must be taken over the three (3) days around February 17, 2018 (exact dates of Sponsor’s choosing). If winner is not available on said dates, prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Sponsor will determine exact dates, airline and flight itinerary at its sole discretion. Winner and their guest must travel together. No refund or compensation will be made in the event of cancellation or delay of any flight. All details of travel and accommodation are subject to availability. Lodging and air transportation cannot be used separately. Travel and hotel stay are subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier(s) and hotel(s) of Sponsor’s choice. Sponsor shall not be responsible for any cancellations, delays, diversions or flight substitution or any act or omissions whatsoever by the air carrier(s), accommodation provider(s), or any other persons or companies providing any of these services and accommodations. Sponsor shall not be liable for any loss or damage to baggage. Winner and guest are responsible for obtaining any valid documentation necessary for travel, and each is responsible for his or her own travel insurance should they desire it. The prizes consist only of the items described above. All expenses not expressly stated in the prize description above as being included in the prize, including, without limitation, meals, ground transportation, tips, souvenirs and hotel incidentals, are the responsibility solely of the winner.
Alcoholic beverages are not part of the prize. Approximate Retail Value (“ARV”) of the grand prize package is $3,000.00. Actual value may vary. Any difference between the stated ARV and actual value will not be awarded.
If the grand prize winner chooses not have one (1) guest accompany him/her on the trip, winner will not receive any compensation or substitute prize in connection therewith. Any guest must be at least twenty-one (21) years of age. Use of prize is conditioned upon winner and his/her guest conducting themselves at all times in a socially responsible, respectful and appropriate manner; should winner and/or his/her guest fail to do so, prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the winner and/or guests, as applicable. Further travel and/or accommodation restrictions may apply.
Runner Up Prizes
Twenty (20) runner up prizes will be awarded. The first to fifth place runner up winners will each receive a 24k Magic World Tour tee-shirt with an ARV of $30.00, a SelvaRey tee-shirt with an ARV of $20.00, a SelvaRey limited edition shot glass set of 4 with an ARV of $20.00, and a SelvaRey limited edition flask with an ARV of $20.00. The sixth through twentieth runner up winners will each receive a SelvaRey Rum tee-shirt with an ARV of $20.00, and a SelvaRey limited edition shot glass set of 4 with an ARV of $20.00. Actual value may vary. Any difference between the stated ARV and actual value will not be awarded.
The ARV of all prizes is $3,650.00
At the sole discretion of the Sponsor, disqualification, prize forfeiture and the selection of an alternate winner may result from any of the following: (a) a potential winner’s failure to respond to initial notification via email or via Instagram through @24KSelvaReySweepstakes or within the time period stated in the transmission; (b) the failure of notification due to deactivation of the potential winner’s Instagram account prior to receipt of notification; (c) a potential winner’s failure to become a follower of @SelvaReyRum on Instagram; (d) a potential winner’s Instagram account being set to “protected mode” so that the potential winner’s updates/responses may not be visible in Sponsor’s @Reply inbox; (e) potential winner’s failure to provide Sponsor with satisfactory contact information such as phone number or email address for further communication; (f) potential winner’s failure to complete and return required documents by the date specified in winner’s notification email; and (g) any other non-compliance with these Official Rules.
- Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor, Administrator, Instagram, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Multiple entrants are not permitted to share the same Instagram account or e-mail address. In case of a dispute as to the identity of any Instagram entrant, entries made by Instagram will be deemed made by the authorized account holder at the time of entry submission. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the Instagram handle associated with the winning entry.
Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor, Administrator or other Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Sweepstakes as described in these Official Rules.
- LICENSE: BY REGISTERING AND ENTERING AND SUBMITTING A SWEEPSTAKES SUBMISSION, ENTRANT ACKNOWLEDGES THAT HIS OR HER PERSONAL INFORMATION AND SWEEPSTAKES SUBMISSION, INCLUDING ANY BONUS ACTIVITY SUBMISSION, MAY BE POSTED ON THE SPONSOR’S WEBSITES AND SPONSOR’S PAGES / APPLICATIONS ON SOCIAL MEDIA CHANNELS, AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, IN SPONSOR’S DISCRETION. By submitting a bonus activity submission, entrant hereby grants Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, adapt, modify, transmit, distribute, create derivative works from and display entrant’s bonus activity submission, in any and all media, in whatever form or manner (including without limitation the exclusive, irrevocable, unlimited, sub-licensable right and license to photograph, film, publish, or broadcast, bonus activity submission), in whole or in part, and for any legal purpose whatsoever, now known or that may become known in the future, without consideration to the entrant in the bonus activity submission in any way, during or after the conclusion of the Sweepstakes. Entrant represents and warrants that he or she has not entered into any prior agreements that would limit his or her ability to grant the rights described herein, nor has entrant granted to any third party any of the rights described herein. entrant further represents that he or she has the unfettered right and authority to grant these rights and make these representations. Sponsor is not responsible for any unauthorized third party use of any bonus activity submission, nor shall Sponsor, or any party acting on its behalf, be responsible for any claims, losses, damages, costs, penalties, fees or other liabilities which may be incurred by any party in connection with Sponsor’s use of the bonus activity submission as permitted hereunder. Each entrant irrevocably waives any and all so-called moral rights he or she may have in the bonus activity submission submitted by him or her.
- ASSIGNMENT OF RIGHTS / PUBLICITY RELEASE: In return for being eligible to receive a prize (regardless of whether such prize is actually awarded or accepted), and for no other consideration whatsoever, all entrants will, and hereby do, irrevocably assign to Sponsor all rights, title, and interests they have in their registration and entry and bonus activity submissions and all likenesses and photographs thereof, including the right to sue for past infringement. By virtue of this assignment, Entrants understand and agree that they have no ownership or other rights in their registration, entry or any bonus activity submissions, and that Sponsor may use their registration, entry or any bonus activity submissions for any purpose whatsoever, including without limitation, commercial (including sales of registration, entry or any bonus activity submissions, or derivatives, photographs, or replicas thereof), advertising (including point-of-sale materials), and promotional purposes as well as on or in connection with the Sponsor’s website, the Sweepstakes or other promotions, and hereby releases the Sponsor from any liability with respect thereto, except where prohibited by law.
A bonus activity submission must be the original work of the entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entrant warrants and represents that his or her bonus activity submission: (1) is an original work of entrant and does not contain material or artistic expression owned by anyone other than entrant or Sponsor; (2) does not contain or use trademarks, trade dress, logos or copyrights owned by anyone other than entrant or Sponsor; and (3) does not use the name or likeness of any persons other than entrant. By submitting a bonus activity submission, entrant warrants and represents that he or she consents to the submission, use and exhibition of the bonus activity submission in the manner set forth in these Official Rules. Entrant further warrants and represents that he or she holds no interest in any alcoholic beverage license of any kind issued by any state or governmental agency, and is not employed in any capacity by a business holding such a license.
Each entrant hereby acknowledges and agrees that submission of a Sweepstakes submission, including any bonus activity submission, is gratuitous and made without restriction and the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide a Sweepstakes submission, including any bonus activity submission, to Sponsor for purposes of the Sweepstakes does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of a Sweepstakes submission, including any bonus activity submission, except as provided herein. Each entrant further acknowledges that Sponsor is free to disclose the ideas contained in the Sweepstakes submission, including any bonus activity submission, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the entrant as provided for by these Official Rules and that by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Each entrant acknowledges and agrees that the Sponsor does not now have, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his or her Sweepstakes submission, including any bonus activity submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of the Sweepstakes, including without limitation, Sponsor’s use of any bonus activity submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief.
- Warranties and Consents:By entering the Sweepstakes, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and any applicable policies or, as applicable, (ii) based on these Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsors for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by the Sponsors, in their sole and absolute discretion, which are final and binding in all matters relating to the Sweepstakes.
- DISCLAIMER OF WARRANTIES: THE SPONSOR AND ADMINISTRATOR ARE PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR AND ADMINISTRATOR DO NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE SPONSOR AND ADMINISTRATOR MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor and Administrator in their sole discretion. Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion and as required by law. Cash equivalent may be less than the ARV of the prize. Prizes are non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on the prizes are winner’s sole responsibility. By accepting a prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.
The value of the prize won by a participant in the Sweepstakes may be taxable as income to its winner. Winners are solely responsible for any and all taxes and/or fees associated with the prize. Winners will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099 if necessary. Upon receipt of a prize, winners shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.
The stated ARV of the prizes are based on available information provided to Sponsor. Any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
Electronic Entries: In the event of a dispute, online entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service, or other organization that is responsible for assigning email addresses. Potential winners may be required to show proof of being the authorized account holder. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Instagram name and logo are trademarks of Instagram in the United States and other countries. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
- Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Choice of Law and Disputes
By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes shall be governed by laws of the State of California, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles, California.
Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Entrant’s Personal Information
- Winner’s List
For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to 618 ½ N. Doheny Drive, West Hollywood, CA, 90069. Requests for the winner list must be received by February 6, 2018.
It’s a Jungle Out There. Drink Responsibly.
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