Fifth Generation – Tito’s Tailgate 2021 Sweepstakes

Tito’s Tailgate 2021
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 Tailgate 2021 Sweepstakes (“Promotion”) begins at 12:00:01 AM Eastern
Time (“ET”) on August 1, 2021 and ends at 11:59:59 PM ET on November 8, 2021 (“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 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. HOW TO ENTER:
a. To enter via text message: Text the keyword “TITOSTAILGATE” 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 https://www.titostailgate.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 & 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 enter via text messaging, you grant permission to the Sponsor to notify
you 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.
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 Seven (97) 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 three (3) randomized drawing on
or about September 8th, October 4th, and November 11th, 2021, from all eligible Entries received during
the Promotion Period as of each such date, to select a total of Sixty (60) Promotion Prize winners on
each such date. A total of one hundred and eighty (180) 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.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE
SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNER 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.
4. PRIZES AND PRIZE LIMITATIONS: A total of one hundred and eighty (180) ) Promotion Prizes will be
awarded as detailed below:
Prizes (180) A total of one hundred and eighty (180) Promotion Prizes will be awarded
(one prize per winner) as detailed below. Each of the three (3) Drawings will award sixty
(60) Promotion Prizes (one prize per winner) as detailed below Five (5) Tito’s Traeger
Tailgate Grills (Each Grill Approximate Retail Value (ARV)= $155)
Five (5) Tito’s Tailgate Tents (Each Tent ARV = $150
Twenty-Five (25) Tito’s Tailgate Benches (Each Bench ARV= $78)
Twenty-Five (25) Tito’s Tailgate Wagons (Each Wagon ARV = $88)
The total ARV of all one hundred and eighty (180) Promotion Prizes is $17,025
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 “TITOSTAILGATE” to 811811, you consent to receive text message communications about the
Sweepstakes from Sponsor and Administrator. You are not required to provide a number as a condition
of purchasing any item or receiving any offers. 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
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.
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 prizes, please visit https://www.titostailgate.com/ on
or after November 11th , 2021 and until December 11, 2021.
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/.
If you provided your mobile number during the promotion period and agreed to the terms listed, you
are authorizing Sponsor to deliver automated SMS messages to you about the Sweepstakes. You
are not required to provide a number as a condition of purchasing any item or receiving any offers.
Standard message rates may apply. You may opt out of receiving future text messages by texting
STOP to 811811 or by replying STOP to any message you receive (which will generate a
confirmation noting we have received your request). If you chose not to receive automated SMS
messages to your mobile device, you will receive the same notifications via mail or via email through
an automated email system.
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
© 2021 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