Proximo Spirits – Win a $5,000 trip for 2 to surf camp in Baja California, Mexico August 31st, 2015
JOSE CUERVO SURF CAMP SWEEPSTAKES
ENDING ON August 31st, 2015 at 11:59 p.m. ET
The Jose Cuervo® Surf Camp Sweepstakes is open only to legal U.S. residents who are at least twenty-one (21) years old at the time of entry. Void where prohibited or restricted by law
Sponsor: Proximo Spirits, Inc., Jersey City, NJ 07302.
Administrator: Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008.
The Sweepstakes begins on July 1st, 2015 at 12:00 a.m. Eastern Time and ends on August 31st, 2015 at 11:59 p.m. ET
4. HOW TO ENTER
There are two ways to enter the sweepstakes.
• Entry Method No. 1. To enter go to www.surfcuervosweeps.com, provide your date of birth, state of residence, name, telephone number, e-mail address and any other requested information and follow the on-screen instructions.
• Entry Method No. 2. Enter via text message. Send a text message to “839863” with the word “CUERVO” from your mobile device. You will then be sent one (1) reply text from an automated device that asks for your date of birth to confirm age eligibility for the Sweepstakes and that you are at least 21 years old or older at the time of entry. You must reply to that text with your date of birth in the “MM/DD/YYYY” format. You are required to provide your date of birth in order to enter the Sweepstakes. You will also be sent a second text from an automated device that asks for your name and address. Responding to this second text with your name and address is not required to enter the Sweepstakes. Standard text message rates and charges apply to all texts that are sent and received in accordance with your wireless service provider’s pricing plan. Please consult your individual plan prior to entering via text message.
No more than one (1) entry per person/household/email address/mobile device number for the entire Sweepstakes Period, regardless of entry method. Multiple entries will automatically result in disqualification. Participants may not enter with multiple e-mail addresses. No alterations or forged entries are permitted.
Sponsor is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect an on-line user’s ability to enter and qualify or the ability of Sponsor to notify the winners. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted and entrants may not use any other device or artifice to enter in excess of the number of entries allowed. All entries become the property of Sponsor and will not be returned.
5. WINNER SELECTION
Grand Prize Winners
Two (2) grand prizes will be awarded. The winners will be determined on or about September 1, 2015 in a random drawing from among all eligible entries received through all entry methods combined. The drawing will be conducted by AMG, an independent third party organization, whose decisions will be final and binding in all matters relating to this Sweepstakes. Odds of winning a prize will be determined by the total number of eligible entries received through all entry methods combined. The awarding of each prize is subject to verification of each potential winner’s eligibility. The winners will be notified by email and/or phone on or around September 1, 2015, and will be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where permitted by law, a Publicity Release. Winners will be required to furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver’s license, birth certificate or passport) within three (3) days of notification. If any prize notification is returned as undeliverable, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received.
6. SPONSOR AND/OR ADMINISTRATOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNERS 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.
7. VERIFICATION OF POTENTIAL WINNERS
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each winner and winner’s guest must be 21 years of age or older. Each guest will be required to sign and return a Liability/Publicity Release within a specified time period prior to travel (as determined by Sponsor) as a condition of accompanying winner on prize trip. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Any and all guarantees and warranties are subject to the manufacturer’s terms and conditions, and winner agrees to look solely to such entity for any such warranty or guarantee claim. Winners are solely responsible for all federal, state and local income taxes.
Sponsor reserves the right to conduct a background check of any criminal records of the prize winner and guest. To the extent necessary and permitted by law, prize winner and guest shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winner and/or guest from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
Two (2) grand prizes will be awarded during the Sweepstakes Period. Each grand prize winner will receive a trip for two to Baja California, Mexico to attend adult surf camp. Each grand prize package includes: round trip coach air transportation from the major airport nearest winner’s home (as determined by Sponsor) to Baja California; seven (7) day, six (6) night stay (one room; double occupancy) at a hotel of the Sponsor’s choice; week-long adult surf camp for the winner and one (1) guest and one (1) $500 value VISA® gift card. Alcoholic beverages are not part of the prize.
Trip to take place at a time between September and October 31, 2015 (exact dates of Sponsor’s sole choosing). If winner is not available on said dates, prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Sponsor will determine exact dates, airline, flight and surf camp itinerary at its sole discretion. Winners and their guests must travel together. No refund or compensation will be made in the event of cancellation or delay of any flight. All details of travel and accommodations are subject to availability. Lodging and air transportation cannot be used separately. Travel and hotel stay are subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier(s) and hotel(s) of Sponsor’s choice. Sponsor shall not be responsible for any cancellations, delays, diversions or flight substitutions or any act or omissions whatsoever by the air carrier(s), accommodation provider(s), or any other persons or companies providing any of these services and accommodations. Sponsor shall not be liable for any loss or damage to baggage. Winners and guests are responsible for obtaining any valid documentation necessary for travel (Passport), and each winner is responsible for his or her own travel insurance should they desire same. Prizes consist only of the items described above. All expenses not expressly stated in the prize description above as being included in the prizes, including, without limitation, meals, ground transportation, tips, souvenirs and hotel incidentals, are the sole responsibility of each winner.
If a winner chooses not to have a guest accompany him/her on the trip, winner will not receive any compensation or substitute prize in connection therewith. Use of each prize is conditioned upon winners and their guests conducting themselves at all times in a socially responsible, respectful and appropriate manner; should any winner and/or his/her guest fail to do so, prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the winner and/or guest, as applicable. Further travel and/or accommodations restrictions may apply.
Approximate Retail Value (“ARV”) of each prize package is $5,000.00. Actual value may vary depending on winner’s residence, airfare fluctuations and/or other factors. Any difference between the stated ARV and actual value will not be awarded. Total approximate retail value (“ARV”) of all grand prizes is $10,000.00.
9. ENTRY CONDITIONS AND RELEASE
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor or Administrator for purposes of the administration and fulfillment of the Sweepstakes as described in these Official Rules.
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. GENERAL CONDITIONS
Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion and, in the case of gift card element of Grand Prize, as required by law. Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on the prize are winner’s sole responsibility. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.
The value of the prize won by a participant in the Sweepstakes may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
The stated ARV of the prizes is based on available information provided to Sponsor. Any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
Electronic Entries: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. MOBILE DEVICE ENTRANTS
Network service for transmission of text messages/entries may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Sponsor assumes no responsibility for message/entry delivery or timeliness of messages/entries, or for the availability of messaging or general phone services at all times. By participating in the Sweepstakes via text message, you authorize Sponsor to communicate with you by text messaging for the purpose of Entry Method #2, as set forth herein.
Sponsor and its agents are not responsible for text message entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of such entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.
13. LIMITATIONS OF LIABILITY
The 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 Sweepstakes; (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 Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
14. CHOICE OF LAW AND DISPUTES
By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes shall be governed by laws of the State of New York, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.
Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant 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.
15. ENTRANT’S PERSONAL INFORMATION
16. WINNER LIST
For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Jose Cuervo Surf Camp Sweepstakes – PRO23445 c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008. Requests for the winner list must be received by September 15, 2015.