Montenegro Americas – Montenegro Made Bottle Design Contest Sweepstakes
THE MONTENEGRO MADE BOTTLE DESIGN CONTESTNO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. ALCOHOL IS NOT INCLUDED WITH ANY PRIZE. 1) Contest Period: The Montenegro Made Contest (the “Contest”) begins at 12:00 a.m. Eastern Time (“ET”) on July 13, 2020 and ends at 11:59 p.m. ET on September 30, 2020 (the “Contest Period”). The Sponsor’s clock is the official “timekeeper” of this Contest. 2) Eligibility: Open to legal residents of the United States and D.C. who are 21 years of age or older as of date of entry (“Entrant”). Employees of Montenegro Americas (“Sponsor”) and any of their affiliates, parents, subsidiaries, bottlers, distributors, suppliers, prize providers, and advertising and promotion agencies associated with the Contest (collectively, together with Sponsor, “Released Parties”), any person presently affiliated with the alcoholic beverage industry, including but not limited to retailers of alcohol products, and members of their immediate family members (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each such employees are not eligible. Subject to all applicable federal, state, and local laws, ordinances and regulations. Void where prohibited by law. Alabama, Indiana, and Maryland residents are not eligible to submit an Entry or win the Grand Prize. By entering this Contest Entrants accept and agree to be fully unconditionally bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein. 3) How to Enter: Create an image or digital artwork/design that reimagines the Amaro Montenegro bottle using any visual medium of your choice. Then during the Contest Period, visit the Montenegro Made Contest website at www.montenegromade.com (“Website”) and follow the on-screen directions to register and complete all portions of the entry form, including uploading a .jpg or .png file of your design artwork (“Entry”) to receive one (1) Entry. Design artwork files submitted as part of your Entry must be in .jpg or .png format and 10MB or smaller in file size.By submitting your Entry, you acknowledge that you are 21 years of age or older (as of the date of Entry) and you have read and agree to these Official Rules. If there is any depiction of any person in your Entry, that person must have provided consent for usage and must be 21 years of age or older. Any Entry deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion will be disqualified. Entry must be the original work of the Entrant; do NOT copy the work of others (in whole or in part). Entry must also not contain material that, in the sole discretion of Sponsor:o Disparages any person, Sponsor and/or any of its affiliates’ products, competitors, or any of the Released Parties affiliated with sponsoring, promoting or administering this Contest, or other companies;o Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity, except Sponsor’s marks, which Entrant has a limited license to use for purposes of this Contest;o Includes brand names, copyrighted work or trademarks/logos (other than Sponsor-owned for which Entrant has a limited license to use for purposes of this Contest) that may infringe on rights of any third party;o Appears to duplicate any other submitted Entries or existing works; o Is hateful, tortuous, defamatory, slanderous or libelous;o Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;o Contains any personal identification, such as personal names, phone numbers or e-mail addresses, without permission;o Contains material embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;o Promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);o Promotes any activities that may appear unsafe or dangerous; o Is unlawful or in violation of any law;o Contains any sexually explicit, lewd, offensive, disparaging or other inappropriate material;o Is unsuitable to be entered into this Contest for any reason whatsoever, at Sponsor’s sole discretion; and/oro Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and/or the Released Parties wish to associate, in Sponsor’s sole discretion.By submitting an Entry, you grant the Sponsor and its affiliates and designees, in perpetuity, the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable ownership of Entry to use (or not use), edit, reformat and promote the Entry in promotional, advertising, commercial materials or in other lawful purposes in any medium (whether now known or hereafter devised) in Sponsor’s sole discretion, without compensation/credit of any kind or prior notice to you. By entering, you understand you are assigning rights to your Entry to the Sponsor and it will not be returned. Receipt of Entries may be acknowledged, but such acknowledgment is not binding upon Sponsor. You also waive any “moral rights of authors” or similar natural rights of ownership in your Entry. You further agree, upon Sponsor’s request and without compensation of any kind, to sign any additional documentation that Sponsor and its designees may require so as to perfect, effect or record the foregoing grant of rights in your Entry. ENTRIES REPRESENT SOLELY THE VIEWS AND OPINIONS OF ENTRANTS, NOT THOSE OF SPONSOR. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH REVIEWING, MODERATING OR MONITORING ENTRIES. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory or violates any proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, is otherwise objectionable, or disparages Sponsor (or any of its related companies and/or brands) will disqualify the Entry as determined in Sponsor’s sole discretion. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion. The information you provide will only be used in connection with this Contest or in connection with promotional or other activities of Sponsor and its related companies. Use of computer programs and other automatic means to participate is prohibited. Entries generated by script or bot are not eligible. The use of script, macro or automated devices (or any other devices intended to automate or subvert any aspect of participation) to enter is prohibited. If Sponsor, in its sole discretion, determines that an Entrant has used an automated or similar device to enter or is otherwise in violation of these Official Rules, all Entries received by that Entrant will be void. Normal phone/Internet access and data/usage charges imposed by your online/phone service provider may apply. You may enter more than once but each Entry must be unique. Sponsor and Released Parties assume no responsibility for lost, late, incomplete, inaccurate, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected Entries (in whole or in part). 4) Determination of the Grand Prize Winners: All Entries received during the Contest Period will be judged by a Sponsor-specified panel of judges (including, if available, Amaro Montenegro) to determine the three (3) Grand Prize winners, based on the following criteria: Visual Appeal of Entry (40%); Originality and Creativity of Entry (40%); Overall Quality of Entry (10%); and Thoughtful Representation of the Amaro Montenegro Brand (10%). The three (3) highest scoring Entries will be deemed the Grand Prize Winners. In the event of a tie, tied Entries will be re-judged based solely on Originality and Creativity of Entry. Decisions of judges/Sponsor are final and binding with respect to all matters relating to this Contest. 5) Grand Prize: Three (3) Grand Prizes: A $2,500 cash grant, awarded through direct wire transfer. Alcohol is not included with prize. 6) Prize Restrictions: Please note that if your Entry is determined as a Grand Prize Winner, Sponsor will request hi-res formatted files so that your Entry may be included in additional Contest materials after the conclusion of the Contest. Sponsor reserves the right to modify or adapt the winner’s Entry design (in its sole discretion) once the winner has been determined. The winners will be solely responsible for all applicable federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. No prize substitution or transfer of prizes permitted except at sole discretion of the Sponsor. For residents of the state of Georgia, no prize substitution or transfer of prizes are permitted. Sponsor reserves the right to request the physical version of winner’s design artwork; Sponsor will be responsible for any costs associated with packaging and shipping. 7) Winner Notification/Verification: The potential Grand Prize winners will be contacted via email, U.S. Mail or overnight delivery service and will be required to complete and return an Affidavit of Eligibility, Release of Liability and a Publicity Release, Assignment of Rights (where legal), and bank account information, within five (5) days of notification attempt or prize may be forfeited and an alternate winner will be determined. Failure to reach a potential winner within the timeframe stated above or return of any prize notification as undeliverable may result in disqualification and an alternate winner may be determined. Sponsor shall have no liability for potential Grand Prize winner’s failure to receive notices due to security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. Potential winners are subject to verification by Sponsor and/or Sponsor’s designated agent, whose decisions are final and binding on all matters relating to the Contest. 8) General Rules: All applicable federal, state and local taxes on prize are the sole responsibility of winner. In no event will more than the stated number of prizes be awarded. Entrants/winner agree to release, discharge and hold harmless Released Parties from and against any and all liability (including damages caused or claimed to be caused) arising out of participation and/or acceptance/use of prize, and agree to be bound by these Official Rules and the Sponsor/Administrator/judges’ decisions, which are final. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness and Entry for purposes of advertising and trade without further compensation, including a winners’ list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of theOfficial Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Sponsor is not responsible for faulty, incorrect, undeliverable or mis transcribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Contest. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct, technical failures or any acts or events beyond the control of the Sponsor/Administrator destroy the integrity of or otherwise compromise the Contest; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Contest as determined by Sponsor/Administrator, in their sole discretion. In the event of termination, a notice will be posted at the Website and winners will be determined from Entries received prior to cancellation (if any) based on the judging criteria above. Any Entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Administrator. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. 9) Release and Limitations of Liability: By participating in this Contest, Entrants agree that Released Parties and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective shareholders, members, officers, directors, employees, representatives and agents are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error that may occur in the administration of the Contest or the processing of entries; (5) allegations by third parties of infringement or misappropriation of third-party intellectual property contained with the design or other materials submitted by Entrant; or (6) any 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 including, any injury or damage caused by Entrant’s attempted participation in the Contest, or receipt or use or misuse of any prize. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES), OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, INCLUDING INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY/CLAIM, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS/WINNERS. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, PANDEMICS, EPIDEMICS, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. 10) Disputes: Except where prohibited, Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Contest, and the decisions by Sponsor are final and binding on all matters relating to the Contest. Except where prohibited, and as a condition of 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 submitted individually, without resort to any form of class action, and exclusively to final and binding arbitration in Miami, Florida, under the Commercial Arbitration Rules of the American Arbitration Association then in effect ; (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, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the laws of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Florida. 11) Privacy: Any personal information that you provide in connection with the Contest shall be used by Sponsor and Administrator to administer this Contest, contact Entrants, and for the other purposes set forth herein and in the Sponsor’s privacy statement located at https://gruppomontenegro.com/en/privacy/. By participating in this Contest, you agree to and accept that privacy statement. Additionally, if you authorize, by opting in, Sponsor may provide you with information relating to products, services and promotions of Sponsor and affiliates of Sponsor. 12) Sponsor/Administrator: The Sponsor of this Contest is Montenegro Americas, 801 Pine Drive, Pompano Beach, FL 33060.