Proximo Spirits – Spirit Of Surfing Cuervo Challenge Contest – Win (10)] Each First Prize shall be comprised of a two (2) day two (2) night trip for two (2) to attend the Surf Ranch on September 12 2022 in Lemoore California
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21+ TO ENTER. ALL APPLICABLE LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH IS A CONTRACT. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER OR INSTAGRAM.
1. Sponsors and Administrator: Sponsors: Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ 07302 (“Proximo”); Surfline\Wavetrak, Inc., 300 Pacific Coast Highway, Suite 310, Huntington Beach, CA 92648 (“Surfline” and, together with Proximo, “Sponsors”)
Administrator: Votigo, Inc., 1630 30th Street, Suite A #593, Boulder, CO 80301 (“Administrator”)
2. Contest Period: Contest begins on June 12, 2022 at 12:00 a.m. Pacific Time (“PT”) and ends on August 6, 2022 at 11:59 p.m. PT (the “Contest Period.“) Administrator’s computer is the official time keeping device for the Contest.
3. Eligibility: The Contest is open to documented residents of the fifty (50) United States and the District of Columbia who, as of date of entry, are at least twenty-one (21) years of age. Employees, officers, and directors of the Sponsors, each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors, retailers of alcohol-beverage products, as well as advertising, promotional, and judging agencies, including Administrator, and their immediate family (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win. For the avoidance of doubt, no one affiliated with a distributor or retailer of alcohol is eligible. Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsors’ and/or Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein. Sponsors reserve the right to verify the eligibility of the participants and the winners.
4. How to Enter: There is NO PURCHASE NECESSARY to enter or win. A purchase does not increase your chances of winning. There are three (3) ways to enter:
Website Method of Entry: During the Contest Period, visit https://www.surfline.com/contests/spirit-of-surfing/cuervo-challenge/2022 (the “Website”) and follow the instructions to complete all required fields of the on-screen registration form and submit an original video file created by you sharing your ideal day of surfing and describing an original Jose Cuervo® Tradicional® Plata, Reposado or Añejo Tequila cocktail that showcases your passion for surfing to receive one (1) entry into the Contest (the “Website Entry”). Each Website Entry must include the name of the cocktail created and the recipe for the cocktail.
Instagram Method of Entry: Follow @JoseCuervoTequila on Instagram. During the Contest Period, post an original video file created by you sharing your ideal day of surfing and describing an original Jose Cuervo® Tradicional® Plata, Reposado or Añejo Tequila cocktail that showcases your passion for surfing with the hashtags #CuervoSurfContest and mention @JoseCuervoTequila to receive one (1) entry into the Contest (the “Instagram Entry”). You must have an Instagram account to enter via Instagram. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at the Apple® App Store or the Google® Play store. Instagram accounts must be set to public. Including #CuervoSurfContest and mentioning @JoseCuervoTequila in an Entry (post on Instagram) during the Contest Period constitutes your agreement to these Official Rules.
Twitter Method of Entry: Follow @JoseCuervo on Twitter. During the Contest Period, tweet with an original video file created by you sharing your ideal day of surfing and describing an original Jose Cuervo® Tradicional® Plata, Reposado or Añejo Tequila cocktail that showcases your passion for surfing with the hashtags #CuervoSurfContest and mention @JoseCuervo to receive one (1) entry into the Contest (the “Twitter Entry” and, together with the Website Entry and Instagram Entry, “Entries” or individually as an “Entry”). You must have a Twitter account to enter via Twitter. If you do not have a Twitter account, and you would like to create one for free, visit http://twitter.com. Including #CuervoSurfContest and mentioning @JoseCuervo in an Entry (tweet on Twitter) during the Contest Period constitutes your agreement to these Official Rules.
Regardless of Entry method, limit one (1) Entry per person/email address/social handle throughout the Contest Period.
By submitting your Entry, you agree that your Entry conforms to the Entry Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that Sponsors, in their sole discretion, may remove your Entry and disqualify you from the Contest if they believe, in their sole discretion, your Entry fails to conform to the Guidelines and Restrictions. By submitting your Entry, in addition to the rights granted below as outlined in Section 5 (Grant of Rights), you: (a) hereby waive any so-called moral (e.g., creative rights) in your Entry; (b) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (c) represent and warrant that your Entry and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
Entrant must be at least twenty-one (21) years of age and no one under the age of twenty-one (21) shall appear in the Entry. Entrant must otherwise be eligible pursuant to Section 3 (Eligibility) and entrant must follow the instructions under Section 4 (How to Enter).
All Entries will be evaluated by Sponsors to determine whether all individuals in the video reasonably appear to be over the age of twenty-one (21) and whether the video content is compliant with these Official Rules.
Entry must be in English.
Videos submitted to the Website must be in one of the following formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP or 3G2.
Videos must be under 100 MB and under 180 seconds.
Entry must be one hundred percent (100%) entrant’s original creation and entrant must have the right to enter one hundred percent (100%) of the Entry in accordance with these Official Rules, including obtaining all copyright and all permissions of all individuals featured in the Entry.
The Entry cannot have been submitted previously in a promotion of any kind.
The Entry does not and will not violate, misappropriate or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
Content Restrictions: Entries may not contain or reflect any of the following (which shall be determined in the sole discretion of the Sponsors and Administrator):
Irresponsible or excessive consumption of alcohol.
Material which contains anyone under the age of twenty-one (21) or is targeted to people under the age of twenty-one (21).
The promotion and/or the use of drugs (legal or illegal), tobacco, or firearms or other weapons.
The promotion of any activity that may appear to be unsafe, illegal and/or dangerous.
Material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of Sponsors, any brand or anyone else, or any content that contains profanity, obscenity, nudity, or sexual content.
Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
Material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
Any content previously submitted in a promotion of any kind.
Material that violates, misappropriates, or infringes upon the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
Any political or politically themed or motivated messages, comments, statements or images.
Material that is subject to any third-party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the comment(s), receipt, idea or rights therein or portions, or modified versions or derivative works thereof.
5. Grant of Rights: By submitting an Entry, entrants (and winners) grant to Sponsors (and Sponsors’ respective affiliates, licensees and assigns) a royalty-free, irrevocable, perpetual, transferable, sublicensable, non-exclusive license to use, reproduce, edit, modify, publish, create derivative works from, and display such Entries, in whole or in part, and otherwise exploit the Entry, in all media now known or hereafter devised, throughout the universe, in any way Sponsors see fit, including, but not limited to, entertainment, instruction/education, promotional, internal, advertising and/or marketing purposes. In connection with all rights granted herein, Sponsors (and Sponsors’ respective affiliates, licensees and assigns) shall also have the irrevocable right to incorporate Entries, in whole or in part, into other works, in any form, media or technology now known or hereafter developed without territorial or time limitation. If necessary, each entrant will sign any necessary documentation that may be required for Sponsors or its designees to make use of the rights entrant is granting to use the Entry.
6. Winner Determination: Public Voting: Beginning July 14, 2022 at 12:01 a.m. PT and ending August 8, 2022 at 11:59 p.m. PT (the “Voting Period”) all documented residents of the fifty (50) United States and District of Columbia who are at least twenty-one (21) years of age or older at the time of voting will have the opportunity to vote for their favorite Entry by visiting the Website and following the on-screen instructions to register and vote for an Entry. Limited to (1) vote per person, per Entry, per day. Sponsors reserve the right to nullify any votes made through use of robotic, macro, automatic, programmed, proxy votes or like voting methods and to disqualify from voting the individual responsible, in Sponsors’ sole discretion. Any attempt by any voter to vote more than the number of times authorized herein using multiple/different names, email addresses, identities, and/or any other fraudulent mechanism or method, as determined by Sponsors in their sole discretion, shall give Sponsors the right to void those votes and disqualify that voter. Entrants are prohibited from obtaining votes by any inappropriate means, including, but not limited to, offering prizes or other inducements to members of the public, paying a third-party service to vote for or obtain votes for a particular Entry, collaborating with other individuals or groups to trade votes or otherwise acting in contravention of these Official Rules, as determined by Sponsors, in their sole discretion, and Sponsor reserves the right to nullify any such votes, and to disqualify the entrant responsible and his/her Entry from the Contest. Votes sent from foreign IP addresses may be disqualified, in Sponsors’ sole discretion.
Judging to Determine the Winners: All Entries will be reviewed for appropriateness and compliance with these Official Rules by the Sponsors.
Judging to Determine the Ten (10) First Prize Winners: At the end of the Contest Period, all eligible Entries will be evaluated by the Judges based on the following criteria:
Spirit of Surfing – Imagination (15%), Presentation (15%) and story showing your spirit and passion for surfing (20%).
Jose Cuervo® Tradicional® Plata, Reposado or Añejo Tequila cocktail Recipe – Usage of sustainable cocktail ingredients and well-balanced nature of the drink (20%) and overall creativity/originality (15%)
Public Voting — Votes from the public during the Voting Period (15%).
The ten (10) Entries that receive the highest scores will be deemed the First Prize winners pending verification. In the event of a tie, the applicable Entry with the highest score in the “Spirit of Surfing” judging criteria shall be deemed the winner of the tie and winner of the respective prize. Judges’ decisions are final with respect to all matters relating to the Contest.
7. Identity of Entrant: If a dispute arises about the identity of an entrant, the Entry will be declared made by the authorized account holder of the email address submitted at time of Entry. An authorized account holder is defined as the natural person who is assigned to an email address by an internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winners may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the email address/Twitter handle/Instagram handle associated with the winning Entry.
8. Winner Notification: On or about August 15, 2022, prize winners will be contacted via email, Instagram Direct Message or Twitter Direct Message depending on the method of entry. If no response is provided by a potential winner within thirty-six (36) hours of when the first email or direct message was sent, the potential winner may be disqualified and another winner will be selected, time permitting. Once the potential winner responds, they will be sent an Affidavit of Eligibility and Liability & Publicity Release (where legal) and will be required to complete, sign and return Declaration and Release via mail within four (4) days from when notification was sent in order for the potential winner to claim his/her prize.
9. Prizes and Approximate Retail Values (“ARV”):
First Prize [ten (10)]: Each First Prize shall be comprised of a two (2) day, two (2) night trip for two (2) to attend the Surf Ranch on September 12, 2022 in Lemoore, California. (The “Event”). Trip includes round-trip, economy air-transportation for winner and their guest (who must be twenty (21) years of age or older) from the domestic airport nearest winner’s home to LAX International Airport, Los Angeles, California, two (2) night hotel accommodation, two (2) tickets to the Event, transportation to/from the Lemoore hotel and the Surf Ranch and one (1) session of day surfing on September 12, 2022. The ARV of each First Prize is $3,000.00 (THREE THOUSAND AND 00/100 U.S. DOLLARS).
Unused components of the prizes have no redeemable cash value and no compensation will be paid. Winner and their guest must abide by all applicable policies and laws. Sponsors reserve the right to revoke the full or partial prize from any winner or any winner’s guest, if applicable, who it deems, in its sole discretion, is intoxicated, is a safety risk, has violated any applicable policy or law, and/or brings Sponsors or any of its affiliates into disrepute. Actual value of prizes depends on point of departure, dates of travel, any airfare fluctuations and other factors. Any difference in value between the ARV and actual value of a prize will not be awarded.
No food, beverages or alcohol are part of any prizes.
10. Prize Restrictions: Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsors reserve the right to make equivalent prize substitutions at their sole discretion if advertised prize becomes unavailable. Administrator will coordinate all travel with the winners. All fees and expenses (such as security fees, gratuities, luggage fees, meals and ground transportation, and incidental charges) related to acceptance and uses of the prizes are not specifically stated herein are the sole responsibility of the winners. Certain restrictions may apply. Prize flight may not be combined with any other offer and travel may not qualify for frequent flyer miles. Seat selection and timing of trip subject to confirmation of reservations. Major credit card required at check-in to cover any incidental charges for all prizes. Travel companions/guests of winners must be documented residents of the United States and twenty-one (21) years of age or older at the time of travel. Prize winners and their guests, if applicable, will be required to execute a Release of Liability prior to travel. Prize winners and travel companions must possess valid travel documents (i.e., a valid government-issued photo ID, passport, visa (if applicable), etc.) Prize winners and travel companions are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. Sponsors will use commercially reasonable efforts to provide alternative travel if flights are cancelled or delayed; however, no refund or compensation will be made in the event of the cancellation or delay of any flight, except at the sole discretion of Sponsors. If any prize is cancelled or made unavailable due to circumstances beyond the reasonable control of the Sponsors, then Sponsors shall have no obligation to provide such prize(s) or any other alternative prize(s). Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsors’ airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the First Prize winner’s and his/her travel companions’ transportation and such contracts shall be solely between the First Prize winner, his/her travel companions and such transportation companies.
In the event a winner and/or travel companion/guest engages in behavior between the time they win the trip and travel or during travel/getaway that (as determined by Sponsors in their sole discretion) is obnoxious or threatening, illegal or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsors or any of Sponsors’ respective services, products, trademarks, service marks or logos, Sponsors reserve the right to terminate the travel early, and send the winner and/or travel companion/guest home with no further obligations or compensation whatsoever to winner and/or travel companion/guest (which may, in Sponsors’ sole discretion, result in the winner’s disqualification from the Contest and forfeiture of the respective prize). In the event a winner or travel companion/guest engage in behavior that (as determined by Sponsors in their sole discretion) is illegal, tortious or subjects the winner or travel companion/guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or travel companion/guest as a result of such conduct.
11. General Conditions: Sponsors reserve the right at any time, in their sole discretion, to suspend or cancel the Contest or any entrant’s participation in the Contest should technical viruses, bugs, unauthorized human intervention or other causes beyond Sponsors’ reasonable control affect the administration, security or proper play of the Contest, or Sponsors otherwise become (as determined in their sole discretion) incapable of running the Contest as planned. Sponsors, Administrator and their respective agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic or otherwise. Proof of sending or submission of an Entry will not be deemed proof of receipt by Sponsors or Administrator. Sponsors’ or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY ANY ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right at their sole discretion to disqualify any individual they find to be attempting to tamper with or undermine the Entry process, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person.
12. Release and Limitations of Liability: By participating in this Contest, entrants agree that the Sponsors, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective affiliates and related entities, and each of their respective officers, directors, shareholders, agents, attorneys, vendors, employees and other representatives (“Released Parties”), are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of Entries; (e) 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 or receipt or use or misuse of the prizes; or (f) any adverse health consequences which may result from the consumption of alcohol by entrant or others. 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 INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PLAGUES, VIRUSES, DISEASES, PANDEMICS, EPIDEMICS OR TERRORISM.
EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSORS AND ADMINISTRATOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSORS AND/OR ADMINISTRATOR), AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNERS’ NAMES, PORTRAITS, PICTURES, VOICES, LIKENESSES, ENTRIES AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION. ENTRANTS AGREE THAT SPONSORS SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED. NO FORM OF ENTRY OTHER THAN AS STATED IN THESE OFFICIAL RULES WILL BE ACCEPTED.
13. Miscellaneous: The Contest and these Official Rules will be governed, construed, and interpreted under the laws of New Jersey. Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest exclusive of attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain awards for and hereby waives 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. Entrants agree to be bound by these Official Rules and by the decisions of Sponsors, which are final and binding in all respects. Sponsors reserve the right to change these Official Rules at any time, in their sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should technical viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s reasonable control affect the administration, security or proper play of the Contest, or the Contest otherwise becomes (as determined in their sole discretion) incapable of being running as planned, which shall be determined in Sponsors’ sole discretion.
Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, and/or tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsors, the Contest or any other entrant (in each case as determined in Sponsors’ sole discretion) are subject to disqualification from Entry into the Contest. Sponsors reserve the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Official Rules will remain in effect.
15. Official Rules and Winners List: For a copy of these Official Rules, visit https://www.surfline.com/contests/spirit-of-surfing/cuervo-challenge/2022. For a list of winners, email email@example.com with the subject “2022 Spirit of Surfing Cuervo Challenge Contest Winners.” Official Rules and winners list shall be posted through October 31, 2022.
©2022 Proximo, Jersey City, NJ. Please drink responsibly.