Diageo Americas Don Julio – 2021 Like A Don Sweepstakes

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DON JULIO “2021 LIKE A DON” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. OPEN ONLY TO PERSONS, 21 YEARS OF AGE OR OLDER
WHO ARE LEGAL U.S. RESIDENTS OF THE FOLLOWING CITIES:
(A)LOS ANGELES, CALIFORNIA (COUNTIES OF LOS ANGELES & ORANGE)
(B) SAN FRANCISCO, CALIFORNIA (COUNTIES OF ALAMEDA & SAN
FRANCISCO)
(C) NEW YORK, NEW YORK (NEW YORK STATE COUNTIES: BRONX, KINGS,
NASSAU, NEW YORK, QUEENS, RICHMOND & WESTCHESTER; NEW JERSEY
COUNTIES: BERGEN, ESSEX & HUDSON)
(D)LAS VEGAS, NEVADA (CLARK COUNTY)
(E) CHICAGO, ILLINOIS (ILLINOIS COUNTIES: COOK & DUPAGE; INDIANA
COUNTY: LAKE)
(F) MIAMI, FLORIDA (MIAMI-DADE COUNTY)
(G)NASHVILLE, TENNESSEE (DAVIDSON COUNTY)
(H)DALLAS, TEXAS (COUNTIES OF COLLIN, DALLAS, DENTON, KAUFMAN,
PARKER, ROCKWALL, TARRANT & WISE)
(I) DETROIT, MICHIGAN (COUNTIES OF OAKLAND & WAYNE)
VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
IF YOU DO NOT RESIDE IN ONE OF THE CITIES (AS DEFINED ABOVE), DO NOT
SEEK TO ENTER THE SWEEPSTAKES AS IT IS NOT OFFERED TO OR INTENDED FOR
YOU.
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1. Sweepstakes Schedule:
This sweepstakes begins at 10:00 a.m. Eastern Time (ET) on December 15, 2020 and
ends at 8:59:59 a.m. (ET) on December 24, 2020.
2. To Enter:
Go to 2021LikeADon.DonJulio.com (“Website”). After verifying your age, follow the
on-screen instructions and provide your name, zip code*, telephone number** and e-mail
address.
*For clarity, your zip code must be within the listed county/counties for each city.
**You must be accessible at this phone number on December 26, 2020 beginning at or
after 12:00 p.m. (noon) ET, if your entry is selected as the potential prize winner in the
random drawing. See Rule 7 below.
3. Restrictions on Entry:
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Internet access and valid e-mail address are required to enter the Sweepstakes.
If utilizing the mobile version of the Website, wireless Internet access and/or other fees may
apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular
phone providers carry necessary service to enter via mobile website. Wireless Internet access is
not available in all areas.
All entries must be received no later than 8:59:59 a.m. ET on December 24, 2020.
There is a limit of one (1) entry per person. Multiple entries will automatically result in
disqualification. Receipt of entry may be acknowledged by Sponsor but any such
acknowledgment is not binding other than indicating that entry has been received.
No alterations or forged entries are permitted. The prize will be awarded to the name
corresponding to the e-mail address indicated on entry form.
Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions
or other equipment or service issues which might affect the ability of a website (or mobile
website) visitor to enter on-line; or the ability of the Sponsor to notify the winner. Sponsor
assumes no responsibility for lost, late, damaged, misdirected, illegible, corrupted, jumbled,
inaccessible, incomplete, incorrect entries or other Sweepstakes materials, all of which are void.
Facsimiles or mechanical reproductions will not be accepted. All entries become the property of
the Sponsor and will not be returned.
Entrants’ personal information will only be used for purposes of Sweepstakes administration,
unless an entrant expressly consents beforehand in writing to such other use by Sponsor. For
more information, please review Diageo’s Privacy & Cookie Notice at
https://footer.diageohorizon.com/dfs/assets/www.donjulio.com/PrivacyPolicy_uen.html?locale=
uen-us as well as Diageo’s Conditions of Use at
https://footer.diageohorizon.com/dfs/assets/www.donjulio.com/TnC_uen.html?locale=uen-us. In
the event of any discrepancy between the privacy & cookie notice and these Official Rules, the
privacy & cookie notice shall control and govern; in the event of any discrepancy between the
conditions of use and these Official Rules, the conditions of use shall control and govern.
4. Prize:
One (1) Prize will be awarded. Prize consists of:
(a) One (1) $1500.00 gift card (issuer to be determined in Sponsor’s sole discretion;
subject to issuer’s terms and conditions of use as provided thereon/therewith),
awarded in either virtual (“e”) or physical form.
(b) Cocktail mix suitable for winner and up to five (5) persons (each of whom must be 21
years or older and must live in the same household/pod as winner) with glassware and
cocktail garnishes
(c) DON JULIO-branded New Year’s Eve decorations (including balloons and
streamers)
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(d) One (1) instant camera
(e) One (1) speaker with Bluetooth® wireless technology
(f) Two (2) DON JULIO-branded silk robes
(g) Two (2) DON JULIO-branded silk eye masks
(h) Concierge services who will order dinner for winner and up to five (5) guests on New
Year’s Eve (December 31. 2020) and breakfast on for winner and up to five (5) guests
on New Year’s Day (January 1, 2021).
TOTAL APPROXIMATE RETAIL VALUE OF PRIZE: $3500.00.
Bluetooth® is a registered trademark of Bluetooth Sig, Inc. and is used herein solely for
purposes of prize identification. No endorsement, sponsorship, endorsement or
authorization is intended or implied by such use.
5. Prize Restrictions- In General
(a) Winner must be able to accept and take possession of the Prize on New Year’s
Eve Day (December 31, 2020) between 5:00 p.m. and 8:00 p.m. local time. If
winner is not available during this time window on December 31, 2020, the Prize
will be forfeited in its entirety without compensation of any kind and an
alternate winner of the Prize will be selected (time permitting).
(b) Prize Delivery will occur ONLY within one of the nine (9) cities as defined
above.
(c) Alcohol beverages are NOT included as part of the Prize.
(d) SPECIAL CAUTION: COVID-19: Winner and guests each understand and agree that
gatherings of persons is inherently dangerous due to the COVID-19/Coronavirus
epidemic/pandemic which is a highly contagious and communicable disease for which
there is currently no readily available vaccine; and, to the fullest extent permitted by
law, each assumes any and all risk of illness or injury which may arise directly or
indirectly, in whole or in part, from attending a gathering in conjunction with Prize
Delivery. Without limitation, winner and guests expressly acknowledge that even
though the persons retained by Sponsor to effect Prize Delivery have all tested negative
for COVID-19/Coronavirus and these persons will strictly follow all governmental
health mandates for winner’s area of residence, it is still possible that winner and/or
guests may contract COVID-19/Coronavirus. (To this point, it is STRONGLY
RECOMMENDED that winner and all guests undergo a COVID-19/Coronavirus test
and advise Sponsor IMMEDIATELY if any person tests positive for COVID-
19/Coronavirus.) SPONSOR’S AWARD OF THE PRIZE DELIVERY EVENT IS
ALSO EXPRESSLY CONDITIONED ON WINNER AND ALL GUESTS STRICTLY
ABIDING BY ALL GOVERNMENTAL HEALTH MANDATES, INCLUDING BY
WAY OF EXAMPLE ONLY, WEARING A FACIAL COVERING AND SOCIAL
DISTANCING. Additionally, winner/guests understand and agree that, in response to
economic and/or social conditions engendered by the COVID-19/Coronavirus
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epidemic/pandemic, including but not limited to governmental health mandates issued
for winner’s area of residence, as well as winner and/or guests testing positive for
COVID-19/Coronavirus, Sponsor may be compelled to modify, postpone or even cancel
the intended Prize Delivery on December 31, 2020 perhaps with little (if any) advanced
notice; and, in such case, winner will receive the remaining elements of Prize (possibly
on a date OTHER THAN December 31, 2020/January 1, 2021), with Sponsor having no
liability in conjunction therewith other than the Prize elements themselves. Winner and
guests further understand and agree that Sponsor has not obtained any medical,
health, property or other insurance for them relative to Prize Delivery. In all cases,
winner and guests indemnify, release and agree to hold harmless Sponsor from any and
all liability which may arise directly or indirectly, in whole or in part, from Prize
Delivery, including but not limited to the associated gathering of winner and guests.
(e) Winner and guests understand and agree that Sponsor may record Prize Delivery
event for possible use for advertising and promotional purposes (the “Recording”).
Winner and guests hereby grant to the Sponsor and its designees the right to use the
Recording, worldwide in any media now known or hereafter developed, including but
not limited to the world wide web, at any time or times for advertising and
promotional purposes without additional consideration. However, winner and guests
are PROHIBITED from making their own recordings of Prize Delivery event without
the prior written consent of Sponsor (and such consent may be granted or withheld
without liability of any kind).
(f) Winner and his/her guests must conduct themselves at all times in a socially
responsible, respectful and appropriate manner regarding Prize acceptance and use
(including but not limited to Prize Delivery event itself), including not insulting,
harassing or antagonizing the persons engaged in Prize Delivery and/or concierge,
wearing appropriate attire at all times, following all governmental health mandates
concerning COVID-19/Coronavirus and following all instructions persons engaged in
Prize Delivery. If winner fails to do so (as determined by Sponsor in its sole
discretion), Prize may be immediately terminated and the Sponsor will have no
further liability or obligation to winner and guests. If any guest fails to do so (again,
as determined by Sponsor in its sole discretion), such guest will be expelled from
Prize Delivery event and the Sponsor will have no liability or obligation to such
guest, If such behavior is particularly egregious, Sponsor may also pursue legal
sanctions against the winner and/or guest[s] (as applicable) and, in the case of winner,
require return of all elements of the Prize or their cash value.
(g) IT IS THE SOLE RESPONSIBILITY OF WINNER AND HIS/HER GUESTS
TO ASSURE THAT NO PERSONS UNDER THE AGE OF 21 ARE PRESENT
DURING PRIZE DELIVERY EVENT, AS IT IS NOT INTENDED FOR
CHILDREN. VIOLATION OF THIS RESTRICTION MAY RESULT IN
IMMEDIATE TERMINATION OF PRIZE DELIVERY EVENT.
(h) If winner chooses to accept the Prize without the full complement of five (5) guests or
if guest[s] fails to timely return the Liability/Publicity Release, as discussed below),
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Prize will be awarded in increments appropriate for winner and the actual number of
guests attending Prize Delivery event and no substitute prize or compensation will be
awarded and, accordingly, the value of the Prize will be less than the amount
indicated above.
(i) If winner declines any element of the Prize, he/she will only receive the remaining
Prize elements and no alternate or substitute prize will be awarded.
(j) Where not otherwise specified, the manufacturer/service provider of a given Prize
element will be determined by Sponsor in its sole discretion.
(k) All costs/expenses not specified in these Official Rules with respect to Prize are the
winner’s sole responsibility.
6. Prize Restrictions: Specific Prize Elements
(a) For dinner and breakfast elements of Prize, it is winner’s sole responsibility to advise
Sponsor of any dietary restrictions (whether due to health, religious/moral or other
reasons) at time of winner notification as well as advising concierge of same. In choosing
restaurant(s) for dinner and breakfast in his/her sole discretion, concierge will use
commercially reasonable efforts to honor such restrictions but Sponsor (as well as
concierge) disclaims any and all liability for any failure to do so. Sponsor (as well as
concierge) also disclaims any and all liability if dinner or breakfast is not to the taste of
winner and/or his/her guest(s).
(b) Robes and eye masks may differ from depictions of same in Sweepstakes advertising in
terms of color, style or otherwise, with Sponsor disclaiming any and all liability in
conjunction therewith.
7. Winner Determination:
Winner will be determined in a random drawing on December 26, 2020 at or after 12:00
p.m. (noon) ET by Judges, whose decisions will be final in all matters relating to this
Sweepstakes. Odds of winning will be determined by the total number of eligible entries
received.
Potential winner will be notified via phone following random drawing. JUDGES WILL
USE COMMERCIALLY REASONABLE EFFORTS TO CONTACT POTENTIAL
WINNER. WITHOUT LIMITATION, MESSAGES WILL NOT BE LEFT ON
POTENTIAL WINNER’S VOICEMAIL/ANSWERING MACHINE NOR WITH ANY
OTHER PERSON. SPONSOR AND JUDGES DISCLAIM ANY AND ALL
LIABILITY UNDER ANY LEGAL THEORY FOR BUSY SIGNALS, DROPPED,
INCOMPLETE OR INTERRUPTED TELEPHONE CALLS OR ANY OTHER
MALFUNCTION/FAILURE/ERROR/DEFECT IN ATTEMPTING TO CONTACT
POTENTIAL WINNER.
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Winner will be required to sign an Affidavit of Eligibility, a Liability Release and a
Publicity Release (where lawful) within twenty-four (24) hours of notification (or such
shorter amount of time that Sponsor may designate) or Prize will be forfeited and may be
awarded to another winner at Sponsor’s sole discretion (time permitting.) If winner
cannot be located or does not respond to attempt to be notified via phone within twenty-
four (24) hours, Prize will automatically be forfeited, and an alternate winner may be
selected at Sponsor’s sole discretion (again, time permitting). Each of winner’s guests
must sign and return a Liability Release and a Publicity Release (where lawful) prior to
close of business on December 30, 2020; and, if guest(s) fail to do so, winner must
accept the Prize without the full complement of five (5) guests; and, winner will not
receive any additional prize or compensation in conjunction therewith.
Winner (and his/her guests) agree that an electronic signature/affirmation or facsimile
version of the Affidavit of Eligibility, a Liability Release and a Publicity Release (where
lawful) or Liability Release and Publicity Release (where lawful), as applicable, shall have
the same legal force and effect as a hand-signed document. Notwithstanding the foregoing,
should Sponsor determine in its sole discretion that the electronically
signed/affirmed/facsimile version of the Affidavit/Release (for winner) or Release (for
guests) is not acceptable, Sponsor may condition award of Prize or attendance at Prize
Delivery event (as the case may be) on return of the actual hand-signed document.
Except where prohibited, acceptance of Prize constitutes winner’s consent to use of his/her
name, likeness and biographical data for advertising and promotional purposes without
additional compensation. For clarity, the preceding includes but is not limited to Recording
as per Rule 5e above.
Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or
terminate the promotion without notice or further obligation.
Prize information will be provided to winner upon proof of eligibility. Winner must furnish
valid proof of age (for example, a driver’s license, birth certificate or passport). An
Affidavit/Release must be provided to Judges before Prize can be received. No prize will be
awarded unless the Affidavit/Release has been received by Judges.
8. Eligibility:
This Sweepstakes is open only to legal U.S. residents of the cities of Los Angeles, California;
San Francisco, California; New York, New York; Las Vegas, Nevada; Chicago, Illinois;
Miami, Florida; Nashville, Tennessee; Dallas, Texas; Detroit, Michigan (in all cases as
defined above), who are 21 years of age or older at the time of entry. Void elsewhere
prohibited or restricted by law. Employees of the following entities and members of their
families or households are not eligible for participation under any circumstances: Diageo
Americas, Inc., its affiliates, printers, advertising and promotion agencies (including Judges),
alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state
and local laws apply.
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9. General Conditions:
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. (With regard to the gift card
element of Prize, the preceding is subject to applicable laws which allow for the holder of
a gift card to redeem same for its cash value, to the extent applicable). Prize is non-
transferable except at the sole discretion of the Sponsor. All federal, state and local taxes
on Prize are winner’s sole responsibility. By accepting 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 to redeem
said Prize. Sponsor reserves the right to conduct a background check of any criminal
records of winner and his/her guests. To the extent necessary and permitted by law,
winner and his/her guests shall authorize this background check. Sponsor reserves the
right, at its sole discretion, to disqualify winner and/or his/her guests based on the
background check. Winner also accepts sole responsibility for any miscellaneous costs
relating to acceptance of Prize.
Entrants hereby agree to indemnify and hold Sponsor as well as Facebook, Inc./Instagram
harmless from and against any third party claims, actions or proceedings of any kind and from
any and all damages, liabilities, costs and expenses, including attorney fees and court costs,
arising out of any breach or alleged breach of any of the warranties and representations set forth
above and/or participation in this Sweepstakes (regardless of the cause of such injury, damage or
loss) and/or the delivery and/or subsequent use or misuse of awarded Prize or any element
thereof (including any travel or activity related thereto). Sponsor makes no representation,
warranty or guarantee of any kind (including the warranty of merchantability or fitness for
intended purpose) regarding the Prize or any element thereof under any legal theory. The only
warranties – if any – are those of the applicable product manufacturer or service provider, as the
case may be.
The value of the Prize won by a participant under the Sweepstakes may be taxable as income to
its winner. Winner is solely responsible for any and all taxes and/or fees associated with the
Prize. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility, a Liability
Release and a Publicity Release (where lawful) and a subsequent IRS Form 1099 reflecting the
fair market value of Prize as awarded to him/her. Upon receipt of Prize, the winner shall be
required to comply with any and all applicable federal, state and local law, rules and regulations.
In consideration of his/her receipt of any prize, prize winner for himself or herself and his or her
guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely
and forever release, waive and discharge Sponsor and all related parties as well as Facebook,
Inc./Instagram from and against any and every kind of claim, demand, injury, costs, attorney
fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or
unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had,
now has or might in the future have arising in any way or related to this Sweepstakes, including,
but not limited to, prize winner’s participation in the Sweepstakes; prize winner’s Sweepstakes
entry; use of prize winner’s name, likeness, biographical information, signature, image or
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likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not
limited to injury or loss sustained in any travel related to the prize; financial claims; physical
and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort,
warranty or any other theory or claim.
10. Electronic Entries:
In the event of a dispute, online entries (including entries made on a mobile website) will be
deemed made by the authorized account holder of the e-mail address submitted at time of
entry. The authorized account holder is the natural person who is assigned to the e-mail
address by an internet access provider, online service, or other organization that is
responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for
lost, late, damaged, illegible, misdirected, incomplete entries, or for online entries (including
entries made on a mobile website) not received due to lost, failed, delayed or interrupted
connections or miscommunications, or to other electronic malfunctions, delays, or errors of
any kind in the transmission or receipt of online entries. Sponsor and its agencies are not
responsible for incorrect or inaccurate entry information, whether caused by website visitors
or by any human or technological error that may occur in the processing of online entries
(including entries made on a mobile website) in this Sweepstakes. Sponsor reserves the right,
in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes, should viruses,
bugs or other causes beyond control of the Sponsor corrupt the administration, security or
proper operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO
DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING ANY MOBILE WEBSITE)
OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS; AND, SHOULD SUCH AN ATTEMPT
BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY
SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Winner’s List: For name of winner, please send a self-addressed stamped envelope to
DON JULIO Holiday Sweepstakes P.O. Box 1008, Rocky Hill, CT 06067-1008. All
requests for the winner’s list must be postmarked by January 25, 2021 and received by
February 8, 2021.
This promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook or Instagram.
Sponsor: Diageo Americas, Inc., New York, NY
DON JULIO Tequila. Imported by Diageo Americas, New York, NY.
Please Drink Responsibly.