E. J. Gallo Winery – Win a grand prize of a trip for 4 to the Concacaf Gold Cup Final in Chicago for 2 nights OR 1 of 8 weekly prizes
CAMARENA TEQUILA MOST SPIRITED FAN CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY. INTERNET ACCESS IS REQUIRED TO ENTER.
OFFERED ONLY TO LEGAL U.S. STATES (EXCLUDING UTAH) AND DISTRICT OF COLUMBIA RESIDENTS,
AGED 21 YEARS OR OLDER.
1. SPONSOR/ADMINISTRATOR(S): The Camarena Tequila Most Spirited Fan Contest (the “Contest”) is sponsored by E. & J. Gallo Winery, 600 Yosemite Blvd., Modesto, CA 95354 (“Sponsor”). The Contest is administered by Moosylvania, 7303 Marietta Ave., St. Louis, Missouri 63143 and Promotion Mechanics, Inc., 87 S Main St, Newtown, CT 06470 (“Administrator(s)”), for Sponsor’s Familia Camarena Tequila brand.
2. BRIEF PROGRAM DESCRIPTION/WEEKS: The Contest provides an opportunity for entrants to submit original entries for the potential opportunity to win the prizes as described in Section 8 below. Entries must adhere to all requirements set forth in these Official Rules. Every person appearing in a photograph must be 21 years of age or older, and the entrant must have permission in writing from those persons to use their photo, as detailed below in Section 6. Entries may not contain any third-party copyrighted images or language, as determined by Sponsor and Administrator(s) in their sole discretion. The Contest begins at 12:00:00 AM Pacific Time (“PT”) on May 1, 2019 and ends at 11:59:59 PM PT on June 25, 2019 (the “Entry Period”). The Entry Period is further divided into Weeks, as follows:
Begins at 12:00:00 AM PT on:
Ends at 11:59:59 PM PT on:
Anticipated Judging Completion Date
Eligible non-winning entries received during a particular Week will remain eligible for any subsequent Week’s judging; see Section 7 below for judging criteria.
3. ELIGIBILITY: The Contest is open only to legal residents of the United States (excluding Utah) and the District of Columbia (the “Eligibility Area”) who are 21 years of age or older as of the date of entry. Directors, officers, employees, and agents of Sponsor, Administrator(s), Soccer United Marketing, LLC, Concacaf, and any retail licensees, authorized licensees, wholesale licensees, distributors, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, or other legal entities or individuals associated with the development, administration, or fulfillment of this Contest, and the immediate families of such persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Contest. Sponsor’s determinations of eligibility are final and
may be made at any time. The Contest is subject to all applicable federal, state, and local laws, regulations, and ordinances. Void where prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, Administrator(s), and their designated judges, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor’s or Administrator’(s) sole discretion if he/she fails to comply with any of the terms of these Official Rules.
5. TO ENTER: To enter, visit www.goldcup.tequilacamarena.com during the Entry Period and follow the website’s instructions to provide the requested entry information and to upload an original photograph and a written statement of no more than 1,000 characters, which show and describe why you are the most spirited fan. Your entry must be completed and received by Sponsor’s server no later than 11:59:59 PM PT on June 25, 2019. After you have completed the entry process, you will be presented with an optional opportunity to share your entry photograph on one or more social media websites, Facebook and or Instagram (a “Social Share”). Social Shares should not be shared with anyone under the age of 21. All Social Shares must include both of the hashtags #CamarenaGoldCup and #Contest. Completing a Social Share does not affect your chances of winning a prize. Entry photographs may be color or black and white. Entry photographs must be in .jpg or .png format and must not exceed five (5) megabytes in file size. Limit one (1) entry per person/email address, for the entire Entry Period. Entry must meet all requirements. Entries submitted in excess of stated limits will be void. Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. See Section 6 below for additional requirements for your entry.
Do NOT include any of the following in your entry or Social Share: (a) brand names, brand images, or brand logos (except that the Camarena and Concacaf brand names/images/logos are permissible as described below); (b) any email address, phone number, or website address visible in an entry photo; (c) executable programming of any kind, including without limitation, viruses, worms, spyware, etc.; (d) encrypted content of any kind; (e) sexually explicit content, violence or objectionable material that Sponsor or Administrator(s) determine in their sole discretion to be inappropriate, indecent, obscene, abusive, hateful, tortuous, defamatory, slanderous, libelous or offensive; (f) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or (g) entry materials which have been previously published or which have won previous awards. Should Sponsor or Administrator(s) determine that an entry is in violation of these Official Rules or any other applicable terms, Sponsor and Administrator(s) reserve the right to disqualify the associated participant, and/or to take other actions it deems necessary, all in Sponsor or Administrator(s)’ sole discretion.
Use of any automated system to enter as determined by Administrator(s) in their sole judgment is prohibited and will result in disqualification in Administrator(s)’ sole discretion. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different email accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. Sponsor or Administrator(s) are not obligated to correspond about entries, nor are Sponsor or Administrator(s) required to acknowledge its receipt of entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. Potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Administrator(s)’ satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. If you participate in the Contest from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating in the Contest via mobile phone, if you are a potential winner, the Sponsor or Administrator(s) may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service
provider for more information. Entrants are solely responsible for any related equipment, application, and internet access charges, if any. In addition to compliance with these Official Rules, all participation must also comply with Sponsor’s Acceptable Use Policy at https://www.tequilacamarena.com/legal/acceptable- use. Multiple entrants are not permitted to share the same email address. It is your sole responsibility to notify the Administrator(s) in writing if you change your email account.
6. ADDITIONAL ENTRY REQUIREMENTS: Any elements that may appear in an entry or Social Share must not: (a) include an image of any person that is (or appears to be) under 21 years of age; (b) depict the physical act of consuming alcoholic beverages; (c) depict persons conducting themselves in an inappropriate manner; (d) depict or allude to the overconsumption of alcohol; or (e) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination. Any elements that appear in an entry or Social Share including, without limitation, brand names, logos, or images, must be either: (a) entirely original, created by the entrant; (b) property of the Sponsor or Concacaf (the “Provided Materials”); or (c) in the public domain. Sponsor and Concacaf grant to entrants a limited revocable, non-sub-licensable, license to use the Provided Materials for the sole purpose of creating an entry or Social Share, if an entrant chooses to do so. Use of Provided Materials is not required for entry. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor or Concacaf (as applicable), and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
Use of any prohibited elements in an entry may result in disqualification of the applicable entry, in the Administrator(s)’ sole discretion. Entries or Social Shares must not contain the name or logo of any alcohol beverage wholesaler or retailer, nor of any brand besides Camarena or Concacaf.
Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry or Social Share. Entries and Social Shares must not violate or encourage the violation of any law, rule or regulation. Entries and Social Shares must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries and Social Shares must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries and Social Shares must not defame or invade the privacy or publicity rights of any person (including, but not limited to, celebrities or celebrity look-alikes), living or deceased, or otherwise infringe upon a person’s personal or proprietary rights. Entries or Social Shares that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor’s image (all as determined by Sponsor or Administrator(s) in their sole discretion) will be considered void.
By participating in the Contest, you represent and warrant that: (a) you are the creator of your entry or Social Share; (b) your entry or Social Share is wholly original (apart from the Provided Materials or any allowable public domain elements); (c) your entry or Social Share does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (d) your entry or Social Share has not previously been entered in any other promotion; and (e) you own all rights to your entry or Social Share (including, without limitation, the copyrights contained therein, and excluding any allowable public domain or Sponsor-owned elements).
By participating in the Contest, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness is included in your entry photo; (b) such persons are age 21 or older, and appear to be so; (c) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (d) you can and will give written copies of such permissions to the Sponsor upon request; and (e) you understand that such documents may be required in order to be deemed a winner. A Subject/Photographer Release is included at the bottom of these Official Rules for your use in obtaining such permissions. Failure to provide said proof may result in
disqualification of the entry from the Contest. Sponsor’s determination as to whether any entry or Social Share potentially violates the rights of any third party is final. Submitting an entry or Social Share that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
By participating in the Contest, you grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use your entry/Social Share or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post on any social media website, any entries selected in its sole discretion. Should Sponsor or Administrator(s) edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below in Section 10), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor or Concacaf. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor or Concacaf.
Further, by participating, each entrant: (a) agrees to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not any particular entry is selected for any prize; (b) acknowledges that the material that will be submitted as part of the Contest may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that he/she will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in an entrant’s entry; (c) hereby waives any right to any claim or liability with respect to the Released Parties’ use of similar materials; and (d) understands that submitting any element that is copyrighted by another individual will result in the applicable entrant being responsible for any legal action the legal copyright holder might take against the Released Parties.
7. JUDGING/WINNER DETERMINATION/ODDS:
Weekly Prizes: On or about each of the Anticipated Judging Completion Dates listed above in Section 2, all eligible entries received prior to the end of the applicable Week will be judged by Sponsor’s designated judges using the following criteria: (1) Showing of fan spirit, 25%; (2) Overall appeal, 25%; (3) Originality/creativity in written response, 25%; and (4) Originality/creativity in photo, 25%. The entrant who submitted the entry which receives the highest total score in connection with a particular Judging Completion Date will be deemed that Week’s Weekly Prize winner, pending verification of eligibility and continued compliance with these Official Rules, and subject to a limit of one (1) Weekly Prize per person/household. Eligible non-winning entries received during a particular Week will remain eligible for any subsequent Week’s judging, subject to this prize limit. Sponsor reserves the right in its sole discretion not to award a particular Weekly Prize if no eligible entries of sufficient quality are received prior to the end of a particular Week.
Grand Prize: The entrant who submitted the Weekly Prize-winning entry which receives the highest total score overall from Sponsor’s designated judges will be deemed the Grand Prize winner, pending verification of eligibility and continued compliance with these Official Rules.
In the event of a tie at any level, the tie will be broken based on the highest “Overall appeal” score. The judges’ decisions are final and binding. Odds of winning depend on the skill of the entrants and the
number of eligible entries received. Should Sponsor choose to allow the public to share their opinion of certain Contest entries via a voting or popularity mechanism of any kind, such activity will not affect the determination of winners in any way.
8. PRIZE DESCRIPTIONS:
Eight (8) Weekly Prizes will be made available, each consisting of Camarena x Gold Cup Gear selected by Sponsor in its sole discretion. The approximate retail value (“ARV”) of each Weekly Prize is $99. Gear awarded may differ from any shown in Contest advertising. As a condition of eligibility to receive a Weekly Prize, a potential Weekly Prize winner may be required to declare his or her availability to travel on the Grand Prize trip, and to declare which three eligible travel companions (ages 21+) he or she would bring on the Grand Prize trip, in the event his or her entry is selected for the Grand Prize.
One (1) Grand Prize will be made available, consisting of a two (2) night trip for winner and three (3) guests (21+) to the Concacaf Gold Cup Final in Chicago, Illinois, including: round trip coach air travel for winner and three (3) guests from the major gateway airport closest to winner’s residence (airports determined solely by Sponsor, ARV $3,000); double occupancy hotel accommodations for two (2) nights at a hotel selected by Sponsor (ARV $2,400); four (4) tickets to the Concacaf Gold Cup Final as selected by Sponsor (ARV $540), and a grand total of $500 in spending money awarded in the form of a check made payable to the winner to be used for meals, ground transportation and other incidental expenses on the prize trip, but issued without restriction. The total ARV of the Grand Prize is $6,440. Total ARV for all of the prizes is $7,232. Actual value of Grand Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. The trip must be taken on dates selected by Sponsor in its sole discretion, currently anticipated to occur Saturday, July 6, 2019 through Monday, July 8, 2019, but subject to change as deemed necessary in Sponsor’s sole discretion, or trip will be forfeited in its entirety. Game tickets are subject to the terms set by the issuer. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions may apply. The prize winner and his or her travel companions must travel together on the same itinerary and possess all required travel documents. It is the responsibility of the winner and their companions to provide proper travel documentation (including government issued picture identification and/or passport, as required). Airline tickets are non- refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select accommodations in its sole and absolute discretion. The winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round-trip air transportation element for the prize begins and ends at the point of departure. The prize is subject to seat and accommodation availability, as well as Sponsor’s terms and conditions generally applicable thereto. Released Parties shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Released Parties are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information may be provided to the winner at the time of notification. Prize winner and companions are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Companions of winner must be at least twenty-one (21) years of age as of the date of departure. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any prize package, and are solely the winner’s responsibility, including, but not limited to: taxes, meals and beverages, ground transportation, travel insurance, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Winner or one of his/her guests must provide hotel with a major credit card
issued in one of their names to cover room security and incidental expenses, if any. Transportation carrier and accommodation regulations and conditions apply. In the event a prize winner (and/or his or her companion[s]) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early.
See Section 9 below for winner notification details and additional prize restrictions.
9. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The names of potential winners and/or their social media names and/or “handles” may be announced online prior to verification; however, any such announcement is not a guarantee of eligibility. Potential winners will be notified by email at the email address provided at the time of entry. Potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such twenty-four-hour period, or he/she will be disqualified. A potential winner will be required to complete an affidavit/declaration of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry, which must be returned (along with a copy of potential winner’s government-issued photo ID as proof of age, if requested) within the time period specified by Sponsor at the time of such request. The Grand Prize winner will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Proof of identity, age, and legal residence will be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion and if time allows, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or for any change of such contact information after entry submission.
Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfers. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the winners. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Sponsor reserves the right to withhold any portion of a prize deemed necessary for compliance with tax withholding requirements, and to forward such portion to the applicable taxing authority on behalf of a winner. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize will not be awarded. Alcohol is not included as part of any prize. Weekly Prize winners should expect to receive their prizes within approximately 4 to 8 weeks following winner verification. Weekly Prizes will only be shipped to an address within the Eligibility Area.
10. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless Sponsor, Administrator(s), Facebook, Instagram, Soccer United Marketing, LLC, and Concacaf, together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, advertising partners, and any alcohol beverage wholesalers and
retailers, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) errors in the administration of the Contest or the processing of entries; (e) changes to social media platform policies and procedures that may interfere with the operation of the Contest; (f) content filtering or any malfunction/error/failure which may impact the accessibility of entries, or the transmission or receipt of winner verification notices (or other communications with winners); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (h) 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 Contest or receipt or use of any prize. Without limiting the foregoing, the Contest, all prizes, and all materials provided on or through any Contest-related website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. FACEBOOK/INSTAGRAM ASSOCIATION: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to Sponsor, not to Facebook or Instagram. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook or Instagram.
12. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of his/her entry or Social Share, or his/her conduct in creating an entry or Social Share, or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
13. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, or illegible entries; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to entrant’s or any other person’s computer, mobile device or other equipment related to or resulting from participation in the Contest. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Contest, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Contest, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. In the event of any conflict between any details contained in these Official Rules and the details contained in any Contest advertising materials, the details as set forth in these Official Rules shall prevail. If, for any reason, the Contest (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to either: (a) cancel or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; (b) award the prize(s) from among the applicable eligible entries received for the Contest up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole
discretion. Entry must be made by the entrant and via the means described in these Official Rules only. You are not a winner until your entry has been verified and you have complied with these Official Rules.
15. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Contest entry, Social Shares, and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, Contest entry, or Social Shares.
16. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Contest you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by federal courts in the Eastern District of California and state courts with jurisdiction over Stanislaus County, California; (b) any and all claims, judgments and awards shall be limited to actual out- of-pocket costs incurred, including costs associated with entering the Contest (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you 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; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
17. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
19. WHO WON? For a list of winners, mail a self-addressed, stamped envelope to be received by August 31, 2019 to: Camarena Tequila Most Spirited Fan Winners, PMI Station, PO Box 750, Southbury, CT 06488-0750. Winners may also be announced online at Sponsor’s sole discretion.
Tequila, Alcohol 40% by Volume (80 Proof) © 2019 Familia Camarena; Alto Spirits, Hayward, CA. All rights reserved
Concacaf Gold Cup and the associated trophy and ball logos are proprietary trademarks of Concacaf, Copyright © 2019, Concacaf, All Rights Reserved. Concacaf is not a sponsor of the Contest.