Fifth Generation Tito’s – Cooldown Sweepstakes

Tito’s Cooldown Sweepstakes
Official Rules
NO PURCHASE OR, PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OF
ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The Tito’s Cooldown Sweepstakes (“Promotion”) begins at 12:00:01 AM Eastern Standard
Time (“EST”) on January 1, 2023 and ends at 11:59:59 PM EST on December 31, 2023
(“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 49 United States (excluding Maine)
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 Snipp
Interactive Inc. (the “Administrator”), and their respective parent companies, affiliates, subsidiaries,
advertising, and fulfilment and marketing agencies, (collectively, “Promotion Parties”) as well as any
alcohol beverage licensees (including alcohol beverage suppliers, wholesalers, distributors or retailers)
and in each case 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. ENTRY PERIODS: The Sweepstakes consists of four (4) separate entry periods: “Entry Period 1”;
“Entry Period 2”; “Entry Period 3”; and “Entry Period 4” (as described in the chart below).
Entry
Period
Start Date
12:00:01 AM EST
End Date
11:59:59 PM EST
Drawing Date
1 January 1, 2023 March 31, 2023 On or about April 2, 2023
2 January 1, 2023 June 30, 2023 On or about July 2, 2023
3 January 1, 2023 September 30, 2023 On or about October 1,
2023
4 January 1, 2023 December 31, 2023 On or about January 3, 2024
3. HOW TO ENTER: To enter the Sweepstakes, complete the following steps during the Sweepstakes
period:
Visit www.titoscooldown.com (the “Sweepstakes Site”), where you will be promoted to confirm that
you are 21 years of age or older. Upon confirmation of your age, you will be directed to
www.titoscooldown.com, where you will be directed to the registration form you must completely enter
your true and correct information in the required fields (required fields include: Full Name, Complete
Mailing Address, Email Address, Phone Number & 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”).
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 Three Hundred and
Sixty-Five (365) 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.
4. SWEEPSTAKES DRAWINGS/ODDS: There will be four (4) random drawings held in this
Sweepstakes. The random drawings will take place on or about the following dates: April 2, 2023
(“Drawing #1”) for Entry Period 1; July 2, 2023 (“Drawing #2”) for Entry Period 2; October 1, 2023
(“Drawing #3”) for Entry Period 3; and January 3, 2024 (“Drawing #4”) for Entry Period 4. For each of
Drawing #1, Drawing #2, Drawing #3 and Drawing #4, Administrator will randomly select eighty (80)
winners from among all eligible Entries received during the respective Entry Period A total of Three
Hundred and Twenty (20) Promotion Prize winners will be selected in connection with the entire
Promotion. The odds of winning a prize depends on the total number of eligible Entries received during
the respective Entry Period. All non-winning Entries from any Entry Period Drawing will be
included in the subsequent random drawings. Each winner is considered a “potential” winner
pending verification of his/her eligibility and compliance with these Official Rules. Administrator will
make two (2) attempts within a twenty-four (24) hour period to notify each potential winner at the
email address or phone number submitted at the time of his/her Entry. Potential winners must respond
within forty-eight (48) hours of notification. Failure of a potential winner to respond within forty-eight
(48) hours of notification may result in disqualification and an alternate potential winner may be
selected. By entering the Sweepstakes, each entrant accepts and agrees to these Official Rules and the
decisions of Sponsor and Administrator, which shall be final. Winners may be required to sign a winner’s
agreement and Release and return it by the date specified in Administrator’s notification, or prize will
be forfeited in its entirety and another winner may be selected. If a potential winner is found not to be
eligible or not in compliance with these Official Rules, or if prize notification or prize is returned as
undeliverable, or if a potential winner fails to respond within the prescribed time period, such potential
winner will be disqualified and Administrator will award the applicable prize to an alternate winner in a
random drawing from among all remaining eligible entries, up to 3 alternates. If the alternate potential
winners are disqualified, the applicable prize will not be awarded. Sponsor and Administrator are not
responsible for any change of email address or phone number of any entrant. By submitting an Entry,
each entrant agrees to allow use of his or her name, likeness and/or biographical information for
promotional purposes (including posting on the Website), except where prohibited.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND
THE SELECTION OF POTENTIAL WINNER(S) 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.
5. PRIZES; PRIZE TERMS: A total of Three Hundred and Twenty (320) prizes (each, a “Promotion
Prize”, and together, the “Promotion Prizes”) will be awarded in connection with the Promotion as
detailed below:
Drawing #1 will award eighty (80) Promotion Prizes (one prize per winner) as detailed
below:
o Five (5) First Prizes, each comprising of one (1) Bike+Blender and stands (Approximate
Retail Value (“ARV”) $736.20)
o Twenty-Five (25) Secondary Prizes, each comprising of one (1) Pickleball Set (ARV
$40)
o Fifty (50) Third Prizes, each comprising of one (1) Meditation Mat (ARV $16.99)
Drawing #2 will award eighty (80) Promotion Prizes (one prize per winner) as detailed
below:
o Five (5) First Prizes, each comprising of one (1) Bike+Blender and stands
(Approximate Retail Value (“ARV”) $736.20)
o Twenty-Five (25) Secondary Prizes, each comprising of one (1) Pickleball Set (ARV
$40)
o Fifty (50) Third Prizes, each comprising of one (1) Meditation Mat (ARV $16.99)
Drawing #3 will award eighty (80) Promotion Prizes (one prize per winner) as detailed
below:
o Five (5) First Prizes, each comprising of one (1) Bike+Blender and stands
(Approximate Retail Value (“ARV”) $736.20)
o Twenty-Five (25) Secondary Prizes, each comprising of one (1) Pickleball Set (ARV
$40)
o Fifty (50) Third Prizes, each comprising of one (1) Meditation Mat (ARV $16.99)
Drawing #4 will award eighty (80) Promotion Prizes (one prize per winner) as detailed
below:
o Five (5) First Prizes, each comprising of one (1) Bike+Blender and stands
(Approximate Retail Value (“ARV”) $736.20)
o Twenty-Five (25) Secondary Prizes, each comprising of one (1) Pickleball Set (ARV
$40)
o Fifty (50) Third Prizes, each comprising of one (1) Meditation Mat (ARV $16.99)
The total ARV of all Three Hundred and Twenty (320) Promotion Prizes is $22,122.
The ARV is subject to change based upon current market conditions at the time of Prize fulfilment.
Any difference between the ARV and the actual value, if any, will not be awarded.
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. First Prizes and Secondary 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 Sweepstakes 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.
The value of a Prize will be taxable to the winner as income. Relevant tax forms may be issued in the
name of the winner for the actual value of the Prize awarded. All federal, state and local tax liability,
and any other costs and expenses associated with acceptance or use of a Prize not specifically provided
for in these Official Rules are solely the winner’s responsibility. Failure to complete any component of
any Prize does not relieve the Prize winner of his/her tax obligations associated with winning such
Prize.
All Prizes are awarded “AS IS.” Neither Sponsor nor Promotion Parties make or offer any warranty or
guarantee, either express or implied (including, without limitation, quality, merchantability, and fitness
for a particular purpose) in connection with this Promotion or any Promotion Prize. No issuer of any
offered Prize is sponsoring this Contest. Prize details and availability are subject to change, in which
case a Prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the
items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole
discretion. Sponsor will determine all Prize details in its sole discretion.
No more than the advertised number of Prizes shall be awarded. If, for any reason, more bona fide
winners come forward seeking to claim a prize in excess of the Three Hundred and Twenty (320)
Promotion Prizes available as set forth in these Official Rules, the Winner of the applicable Promotion
Prizes may be selected in a random drawing from among all persons making purportedly valid claims
for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under
such circumstances.
The Promotion Prizes are subject to certain terms and conditions as specified herein. A Promotion
Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable,
or redeemable for cash except in Sponsor’s sole discretion. Promotion Prize details and availability are
subject to change. Sponsor is not the supplier or guarantor of any Promotion Prize, unless otherwise
specified. Prizing may be fulfilled by a third-party fulfilment agency. Promotion Prizes will only be
awarded if properly claimed according to the Rules. All costs and expenses related to the Promotion
Prize(s) acceptance, the Promotion Prize(s), and/or Promotion Prize(s) use not specified herein as
being provided are the sole responsibility of winner(s).
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. 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 Promotion Prizes, please visit
http://www.titoscooldown.com/ on or after April 15, 2023 and until March 14, 2024.
12. Privacy Information. Sponsor shares your concerns about the privacy of your personal information.
Potential Winners will be contacted using the address provided during the Promotion Period.
By entering this Sweepstakes, unless you have opted out upon entry, you agree to receive marketing
materials, communications and other materials from the Sponsor and/or any promotional partners
whose products and services Sponsor feels might interest you at a future date. Email addresses may
be stored if supplied, and you may receive email correspondence from, or on behalf of Sponsor
subject to Sponsor’s privacy policy. Sponsor uses commercially reasonable efforts to comply with
Federal CAN-SPAM guidelines, and you may subsequently opt-out of receiving further emails by
following the opt-out instructions contained in any such email. Please refer to Sponsor’s privacy
policy located at https://www.titosvodka.com/privacy/.
13. Unsubscribe : At any time after you enter, if you are not interested in receiving communications from
Sponsor, you may notify the Sponsor that you do not desire to receive such materials by following the
opt-out instructions contained in a communication from Sponsor.
SPONSOR: Fifth Generation, Inc., PO Box 17067 Austin, TX, 78760
ADMINISTRATORS: Snipp Interactive Inc., 6708 Tulip Hill Terrace, Bethesda, MD 20816
© 2022 Fifth Generation, Inc.
Tito’s Handmade Vodka is a registered trademark of Fifth Generation,
Inc. Handcrafted To Be Savored Responsibly
Tito’s Handmade Vodka is distilled from corn and is certified GLUTEN-FREE. Distilled and bottled by
Fifth Generation, Inc. Austin, Texas. 40% alcohol by volume