Fifth Generation – Tito’s Be A Giver – Win Ugly Hat & Scarf set

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Tito’s Be A Giver Sweepstakes
Official Rules
NO PURCHASE, PAYMENT OR TEXT NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT
OR TEXT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING. STANDARD TEXT
MESSAGE RATES WILL APPLY TO ALL TEXTS SENT AND RECEIVED. VOID WHERE PROHIBITED.
The Tito’s Holiday 2020 Sweepstakes (“Promotion”) begins at 12:00:01 AM Eastern Time (“ET”) on
October 1, 2020 and ends at 11:59:59 PM ET on December 31, 2020 (“Promotion Period”). The
Promotion contains a game of chance (“Sweepstakes”). The computer clock of Administrator is the
official time-keeping device in the Promotion.
1. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of
Columbia (includes Puerto Rico), who are twenty-one (21) years of age or older at the time of entry.
Employees, officers and directors of Fifth Generation, Inc. (the “Sponsor”) and its subsidiaries, Tito’s
Handmade Vodka and Snipp Interactive Inc. (the “Administrator”), , their respective parent companies,
affiliates, subsidiaries, advertising, and fulfillment and marketing agencies, (collectively, “Promotion
Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses,
regardless of where they reside) and persons living in the same households as such individuals
(whether related or not) are not eligible to participate in the Promotion. By participating in the Promotion,
you release, discharge and hold harmless Promotion Parties, their respective parents, affiliates,
subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors,
employees and agents of each of the foregoing, from any and all damages whether direct or indirect,
which may be due to or arise out of participation in the Promotion or any portion thereof, or the
acceptance, use/misuse or possession of any prize. By participating, you agree to these Official Rules
and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void
anywhere not listed above, and where prohibited by law, rule or regulation. All federal, state and local
laws and regulations apply. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. HOW TO ENTER: Text the keyword “TITOSHOLIDAY” to cellular number 811811 during the Promotion
Period. Once a keyword is received, participants will receive a response text with a link to the microsite
at www.titosholiday.com. Once the participant accesses that link, they will be prompted to confirm that
they are 21 years of age or older. Upon confirmation of their age, participant will be directed to the
registration form where they must completely enter their true and correct information in the required
fields (required fields include: Full Name, Complete Mailing Address, Email Address, Phone Number,
Hat & Scarf Choices, Sweater Choices, & Opt-in to the Official Rules & Privacy Policy for the
Promotion). Each eligible completed registration form received will earn one (1) Entry into the
Sweepstakes (“Sweepstakes Entry”). Standard carrier charges apply. Contact your carrier for plan
details and pricing. Entry via text-messaging may not be available via all wireless carriers. Text “STOP”
to 811811 to opt-out.
Carrier specific charges for text messages may apply, depending on your individual cellular
pricing plan, in accordance with your cellular customer agreement. SMS may not be available for
all service providers or for all handsets. Cellular phone carrier’s instructions for text messaging may be
different. Check your phone capabilities for specific instructions. The text message entry portion of this
sweepstakes works with most U.S cellular carriers and requires a two-way text messaging enabled
cellular phone. Sponsor makes no guarantee that any particular wireless service provider will
participate. Check with your service provider for details. By selecting to play via text messaging, you
grant permission to the Sponsor to notify them via return text message and must agree to accept all
applicable charges associated therewith. Wireless service providers may charge you for each text
message, including any error message that is sent and received in connection with the Promotion,
based on the applicable wireless service plan. You are responsible for all applicable fees and taxes
associated with placing an SMS entry. Sponsor in its sole discretion may add or delete a cellular carrier
at any time, without notice. Text message entries will be deemed to have been submitted by the
registered owner of the device used to enter.
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Limit of one (1) Sweepstakes Entry per person, per email address, per phone number, per day,
throughout the Promotion Period for a total of a maximum of ninety-two (92) Sweepstakes
Entries per person, per email address, per phone number. Limit of one (1) Promotion Prize per
person, per household. Entrants may not share an email address or cellular accounts.
3. SWEEPSTAKES DRAWINGS/ODDS: The Administrator will conduct two (2) randomized drawings on
or about December 10, 2020 and January 3, 2021, from all eligible Entries received during the
Promotion Period as of each such date, to select a total of two thousand (2,000) Promotion Prize
winners on each such date. A total of two thousand (2,000) Promotion Prize Winners will be selected
in connection with the entire Promotion. Odds of winning a Promotion Prize depend on the eligible
Entries received during the Promotion Period and until the applicable drawing date.
4. PRIZES AND PRIZE LIMITATIONS: A total of two thousand (2,000) Promotion Prizes will be awarded
as detailed below:
PRIZES (2,000): A total of two thousand (2,000) Promotion Prizes will be awarded (one (1) prize
per winner) as detailed below:
1000 eligible winners will each win one (1) Tito’s Human Ugly Hat & Scarf set.
(Approximate Retail Value (“ARV”) per Hat & Scarf set: $11.00 and total ARV of all
Hat & Scarf sets: $11,000)
1000 eligible winners will each win either one (1) Tito’s Human Ugly Sweater; or one (1)
Tito’s Dog Ugly Sweater; based upon such eligible winner’s choice during registration.
(ARV of each Human Ugly Sweater: $14.00; Total maximum ARV of all Human Ugly
Sweaters: $14,000)
(ARV of each Dog Ugly Sweater: $6.00; Total maximum ARV of all Dog Ugly
Sweaters: $6,000)
The total ARV of all Promotion Prizes is $31,000.
PRIZE LIMITATIONS: Limit of one (1) Promotion Prize per person, per household. Prize will only
be awarded by Sponsor upon potential winners’ verification of eligibility and final approval by Sponsor.
Prizes will be delivered to the mailing address provided by the applicable winner during registration.
Allow 4-6 weeks for delivery after the drawings are conducted. No prize substitution, cash equivalent
of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to
substitute a prize with one of comparable or greater value, in its sole discretion. If it is discovered during
prize verification you have entered, attempted to enter, or used multiple accounts to enter more than
the stated limit you will be disqualified at the discretion of the administrator, or will, be void. Entries
generated by script, macro or other automated means, which subvert the entry process, are void. All
Promotion Entries become the property of Sponsor and will not be acknowledged or returned.
Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.
5. TEXT MESSAGING (SMS) TERMS AND RESTRICTIONS: Message and Data Rates may apply. By
texting “TITOSHOLIDAY” to 811811, you consent to receive up to eight (8) one-time automated text
messages to the number you provided from Snipp Interactive Inc. (“Snipp”). You are not required to
give this consent to purchase any goods or services. The text message you send is your electronic
signature agreeing to these terms and to giving electronic written consent to receive automated text
messages from Snipp and/or Program Sponsors. Carrier specific charges for text messages may apply,
depending on your individual cellular pricing plan, in accordance with your cellular customer agreement.
SMS may not be available for all service providers or for all handsets. Cellular phone carrier’s
instructions for text messaging may be different. Check your phone capabilities for specific instructions.
Program Sponsor makes no guarantee that any particular wireless service provider will participate.
Check with your service provider for details. By selecting to participate via text messaging, the
Participant grants permission to the Program Sponsor to notify them via return text message and must
agree to accept all applicable charges associated therewith. Wireless service providers may charge
Participant for each text message, including any error message that is sent and received in connection
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with the Program, based on the applicable wireless service plan. Participant is responsible for all
applicable fees and taxes associated with submitting a receipt using SMS messaging. Program
Sponsor, in its sole discretion, may add or delete a cellular carrier at any time, without notice. You may
text STOP to 811811 at any time to exit Program and to stop receiving text messages, or HELP for
help. Sponsor’s privacy policy is available at http://www.titosvodka.com/privacypolicy/.
6. MISCELLANEOUS: Promotion Parties are not responsible for late, lost, incomplete, corrupted, stolen,
garbled, damaged, delayed, undelivered or misdirected Entries, all of which are void. Online Entries
will be considered to be entered by the authorized account holder of the e-mail address submitted at
time of entry and he/she must comply with these Official Rules. The authorized account holder is
deemed as the natural person who is assigned to an e-mail address by an Internet access provider,
online service provider or other organization that is responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. By entering the Promotion, you recognize and
agree that the registration information provided by you will be made available to Sponsor; use of such
information will be governed by Sponsor’s Privacy Policy found at
http://www.titosvodka.com/privacypolicy/. Upon entering the Promotion, winners grant Sponsor the
right to print, publish, broadcast, and use world-wide in any media now known or later developed, the
winner’s name, portrait, picture, voice, likeness, city and state of residence, and biographical
information for any purpose, including but not limited to, in advertisements, publicity, and other
communications, worldwide, in perpetuity, without additional compensation, notification or permission,
except where prohibited by law. You agree to comply with these Official Rules and the decisions of the
Sponsor and judges shall be binding and final.
7. RELEASE: As a condition of entering the Promotion, you agree that (1) under no circumstances will
you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental,
consequential or any other damages, and any claims, judgments or awards shall be limited to actual
out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any
prizes awarded, shall be resolved individually, without resort to any form class action; and (3) in no
event will you be entitled to receive attorneys’ fees. BY ENTERING THE PROMOTION, YOU AGREE
TO RELEASE, DISCHARGE AND HOLD HARMLESS PROMOTION PARTIES AND THE
RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY
FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND
PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF
PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF, OR THE ACCEPTANCE,
USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY.
YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. DISCLAIMER: Promotion Parties are not responsible for printing or typographical errors in these
Official Rules or in any Promotion-related materials. Sponsor reserves the right, in its sole discretion,
to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to
terminate, suspend, cancel or modify the Promotion and award the prizes for the Promotion from among
all eligible, non-suspect entries received (i) as of the date of termination using the judging procedure
outlined above or in a random drawing for the Sweepstakes if for any reason this Promotion is not
capable of running as planned due to any reason, including infection by computer virus, bugs,
tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or
impair the integrity, fairness or proper play of the Promotion. Promotion Parties are not responsible or
liable for any events which may cause errors and/or the Promotion to be stopped, including but not
limited to any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor
are they responsible for any problems or technical malfunction of any telephone, network or telephone
lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer
equipment, software or any other failure of any email or Entry to be received by Sponsor on account of
technical problems, human error or traffic congestion on the Internet or at any web site, or any
combination thereof, including any injury or damage to yours or any other person’s computer relating
to or resulting from participation in this Promotion or downloading any materials in this Promotion.
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Promotion Parties are not responsible for computer, mechanical, technical, electronic, network or other
errors or problems, including any errors or problems that may occur in connection with the
administration of the Promotion, the processing of Entries, or in any other Promotion-related materials.
Promotion Parties may stop you from participating in this Promotion if you violate Official Rules or act,
in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to
annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner.
Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure,
or for any other reason, in any prize category, than are stated for that category in the Official Rules,
Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that
category. In no event will more prizes be awarded than that listed in Section 5.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB
SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES
RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’
FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
9. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning
the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and
obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall
be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect
to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other
jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the
State of Texas. Any action seeking legal or equitable relief arising out of or relating to the Promotion or
these Official Rules shall be brought only in the courts of the State of Texas. You hereby irrevocably
consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or
lack of personal jurisdiction they may have.
10. TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and
expenses associated with prize acceptance and use not specified herein as being provided, are the
sole responsibility of the applicable winner.
11. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed stamped envelope
for receipt by January 12, 2021 to: Tito’s Holiday 2020 Sweepstakes Winners List Request, c/o Snipp
Interactive Inc., 6708 Tulip Hill Terrace, Bethesda, MD 20816
SPONSOR: Fifth Generation, Inc., PO Box 17067 Austin, TX, 78760
ADMINISTRATORS: Snipp Interactive Inc., 6708 Tulip Hill Terrace, Bethesda, MD 20816