Tampico Beverages – Serve A Smile Challenge Contest – Win (1) Grand Prize (the “Grand Prize”) is available to be won consisting of a DreamWorks Animation Puss in Boots The Last Wish Family Travel Package for 4 to California
Terms and conditions
Tampico Beverages Serve a Smile Challenge
No purchase necessary. Void where prohibited.
Please read these official rules (the “Official Rules”) carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the Tampico Beverages Serve a Smile Challenge (the “Challenge”) sponsored by Tampico Beverages, Inc. (the “Sponsor”).
By participating in the Challenge, you confirm your agreement to these Official Rules and the decisions of the Sponsor and RAVEN5 Ltd. (the “Administrator”). If you do not agree to these Official Rules, you may not enter the Challenge.
2. Entry Period
The Challenge begins at 12:00:01 AM Eastern Time (“ET”) on December 1, 2022 and ends at 11:59:59 PM ET on January 31, 2023 (the “Challenge Period”).
Please note that the Challenge Period consists of nine (9) entry periods (each a “Weekly Entry Period”), during which entries for the applicable Weekly Prize must be received. Each Weekly Entry Period has its own entry start date and end date (deadline) as outlined in the
Weekly Entry Period Schedule below. Entrants will not be entered for a chance to win any Weekly Prize after the end of its Weekly Entry Period.
Weekly Entry Period Schedule
Weekly Entry Period Start Date (12:00:01 AM ET) End Date (11:59:59 PM ET)
Weekly Entry Period 1 01-Dec-22 06-Dec-22
Weekly Entry Period 2 07-Dec-22 13-Dec-22
Weekly Entry Period 3 14-Dec-22 20-Dec-22
Weekly Entry Period 4 21-Dec-22 27-Dec-22
Weekly Entry Period 5 28-Dec-22 03-Jan-23
Weekly Entry Period 6 04-Jan-23 10-Jan-23
Weekly Entry Period 7 11-Jan-23 17-Jan-23
Weekly Entry Period 8 18-Jan-23 24-Jan-23
Weekly Entry Period 9 25-Jan-23 31-Jan-23
In order to enter the Challenge (an “Entrant”), you must be a current legal resident of the 50 United States, the District of Columbia or Puerto Rico, who is at least eighteen (18) years of age or older at the time of entering the Challenge.
In order to vote (a “Voter”) you must be a current legal resident of the 50 United States, the District of Columbia or Puerto Rico, who is at least eighteen (18) years of age or older at the time of voting.
Employees of Sponsor, Administrator and their respective parents, affiliates, subsidiaries and advertising and promotion agencies (collectively the “Challenge Parties”), and all respective employees, shareholders, officers, directors, agents, members, licensees, successors and assigns of the foregoing (collectively, the “Released Parties”) and members of their immediate family (spouses, parents, children and siblings) or persons living in the same household are not eligible to participate in this Challenge as an Entrant, but may participate as a Voter.
Challenge is subject to all applicable federal, state, municipal, territorial, and local laws and regulations. Sponsor reserves the right to verify eligibility requirements. Void where prohibited. Participation in the Challenge constitutes Entrant’s or Voter’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Challenge. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. How to Enter
The first Weekly Entry Period will commence at the start of the Challenge Period, followed by eight (8) subsequent Weekly Entry Periods as outlined in the Weekly Challenge & Smiles Schedule below.
Submitting eligible Submission into each Weekly Challenge will award Entrants a corresponding number of entries (“Smiles”) into the Challenge as outlined in the Weekly Challenge & Smiles Schedule below:
Weekly Challenge & Smiles Schedule
Weekly Entry Period Start Date (12:00:01 AM ET) End Date (11:59:59 PM ET) Weekly Challenge Smiles Earned for Completing Challenge
Weekly Entry Period 1 01-Dec-22 06-Dec-22 Make an Epic Dessert for Someone Challenge. Upload an image of you making a dessert. Include a short description about who you made it for. 10
Weekly Entry Period 2 07-Dec-22 13-Dec-22 Be Heroic and Donate a Toy to a Toy Drive Challenge. Upload a photo of yourself with a toy or a box of toys in front of a toy drive bank. 5
Weekly Entry Period 3 14-Dec-22 20-Dec-22 Cook a Legendary Meal for A Friend Challenge. Upload a photo of you with a cooked meal. Include a short description about who you made it for. 10
Weekly Entry Period 4 21-Dec-22 27-Dec-22 Make a Friend’s Wish Come True – Create a Holiday Card Challenge. Upload a photo of yourself with a finished holiday card. Include a short description about who you’re giving it to. 10
Weekly Entry Period 5 28-Dec-22 03-Jan-23 Write a Thank You Note to one of your Heroes Challenge. Upload a photo of a thank you note or a screenshot of a text or social post telling someone thank you. 5
Weekly Entry Period 6 04-Jan-23 10-Jan-23 Go on a Quest and Pick Up Trash at a Local Park Challenge. Upload a photo of yourself in a park picking up trash or with a bag of collected trash. 20
Weekly Entry Period 7 11-Jan-23 17-Jan-23 Act like a hero. Help a Family Member Clean a Room in Their House Challenge. Upload a selfie of the before and after of the dirty room you helped clean. Include a brief description of who you helped. 20
Weekly Entry Period 8 18-Jan-23 24-Jan-23 Live Fearlessly, Volunteer at a local non-profit of your choice Challenge. Upload a photo of yourself volunteering at a local non-profit organization. Include a short description about what you learned from it. 100
Weekly Entry Period 9 25-Jan-23 31-Jan-23 Empower Others and Pay Someone a Legendary Compliment Challenge. Upload a screenshot of a text, social post, or a handwritten letter of you complimenting another person. 5
To enter the Challenge, visit tampicopromo.com (the “Challenge Website”) during the Challenge Period and:
Follow the online instructions to complete the entry form including providing your First and Last Name, Email Address, Phone Number, Zip Code, Instagram Handle (optional), and Twitter Handle (optional).
Select the applicable Weekly Challenge from the dropdown and upload a photograph of yourself completing the Weekly Challenge.
Include a short description (as outlined in each Weekly Challenge) (up to 500 characters) (the entry form, your photograph, together with the description, herein, a “Submission”); and
Please note that in order to earn Instagram and/or Twitter Bonus Entries, you must provide your Instagram Handle and/or Twitter Handle in the opt-in form during each Weekly Entry Period in which you participate in the Challenge.
Once you have submitted a Submission, you may share your submission on Facebook, Twitter, Pinterest, LinkedIn, or by email to earn votes (as further described below in the section titled “6. Public Voting & Bonus Voting Smiles”.
Entrants may return to the Challenge Website during each subsequent Weekly Entry Period to enter a Submission into each Weekly Challenge.
Submission Guidelines: Each Submission must: (a) include the required photograph of the Entrant completing the applicable Weekly Challenge, and (b) include the description as required by the applicable Weekly Challenge.
Non-compliant Submissions will not be considered. Eligible Submissions must be consistent with the Challenge theme. Submissions may not:
contain materials embodying the first or last names or likeness identifying any person without permission;
be indecent, obscene, hateful, offensive, tortious, defamatory, or libelous;
contain material that violates, infringes or otherwise misappropriates the rights of any third party (including trademark rights, copyrights, and rights of publicity);
improperly or incorrectly suggest that Sponsor endorses, or is affiliated with any Nominee, Nominator, Voter or any third party;
disparage or demean Sponsor or Released Parties;
promote alcohol, drugs, tobacco, violence, or firearms/weapons (or the use of any of the foregoing);
contain material that is unlawful in any way.
Any Submission that violates any of the foregoing restrictions, in the Sponsor’s sole discretion, shall be void and will not be considered in the Challenge. By submitting a Submission, Entrant represents that he/she has obtained all necessary permissions to feature any identifiable third parties that appears in the Submission. If requested, Entrants must be able to provide such permissions in a form acceptable to Sponsor. Sponsor reserves the right to remove and/or disqualify any Submission that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Released Parties are not responsible for lost, late, stolen, incomplete, inaccurate, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void. Sponsor reserves the right to post (or to not post) any Submission onto any Challenge-related gallery. Sponsor reserves the right to remove any Submission from the Challenge Website at any time, for whatever reason, including subsequent determination that a Submission does not comply with these Official Rules
Limit: Entrants are limited to one (1) Submission per Weekly Entry Period.
5. Instagram Post Bonus Smiles and Twitter Post Smiles
Instagram Post Bonus Smiles: During each Weekly Entry Period, after completing a Submission, Entrants may earn sixty (60) bonus Smiles for posting their Weekly Challenge photo to Instagram, including the Submission description, the hashtag #ServeASmileChallenge and tagging @tampicoofficial in the caption. Posts must be made from a public Instagram account and must include the hashtag and tag @tampicoofficial to be eligible for bonus Smiles. All Instagram Posts must be posted prior to the end of the applicable Weekly Entry Period and must correspond with the Submission for the applicable Weekly Challenge in order to be eligible for the sixty (60) bonus Smiles.
Limit of one (1) Bonus Instagram Post (60 Smiles) per Entrant per Weekly Entry Period.
Bonus Twitter Post Smiles: During each Weekly Entry Period, after completing a Submission, Entrants may earn forty (40) bonus Smiles for posting their Weekly Challenge photo to Twitter, including the Submission description, the hashtag #ServeASmileChallenge and tagging @drinktampico in the caption. Posts must include the hashtag and tag @drinktampico to be eligible for bonus Smiles. All Twitter Posts must be posted prior to the end of the applicable Weekly Entry Period and must correspond with the Submission for the applicable Weekly Challenge in order to be eligible for the forty (40) bonus Smiles.
Limit of one (1) Bonus Twitter Post (40 Smiles) per Entrant per Weekly Entry Period.
6. Public Voting & Bonus Voting Smiles
During each Weekly Entry Period, Voters can vote for a Submission by visiting the Challenge Website and following the instructions to vote. Voters will be required to provide their name, email address, and agree to the Official Rules.
Entrants will earn one (1) bonus Smile for each vote received on their Submission for the applicable Weekly Challenge.
There is a limit of one vote per Voter per Submission and votes are subject to verification at any time. All votes must be received before the end of each Weekly Entry Period. Votes received after the end of each Weekly Entry Period will be null and void. Only votes submitted through the Challenge Website are valid. Any attempt by any individual to vote by using multiple/different email addresses, identities, registrations and logins, or any other methods will void any associated votes and that individual may be banned from voting. No person may vote by proxy for any other person. Use of any automated system to vote or subvert the voting process is prohibited and will result in disqualification and all associated votes will be void. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process, as determined by Sponsor in its sole discretion, may be void. Votes obtained by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, payment for votes or offering to trade votes, as determined by Sponsor, in its sole discretion, may result in those votes being void and the respective Finalist Submission being disqualified.
7. Winner Selection
Weekly Prizes: The nine (9) Entrants who earned the highest number of Smiles during each Weekly Entry Period (subject to verification of eligibility, compliance with the terms of these Official Rules, and completion of the required documents as further described below) will be deemed the Weekly Prize winners (each, a “Weekly Prize Winner”).
Grand Prize: The Entrant who earned the highest number of Smiles during the Challenge Period (subject to verification of eligibility, compliance with the terms of these Official Rules, and completion of the required documents as further described below) will be deemed the Grand Prize winner (the “Grand Prize Winner”).
In the event of a tie, Sponsor, in its sole discretion, will determine the tiebreaker. Decisions of Sponsor are final and binding on all matters relating to this Challenge.
9. Winner Notification
Potential winners will be notified on or about the dates outlined below in the Notification Date Schedule below:
Notification Date Schedule
Entry Period Start Date (12:00:01 AM ET) End Date (11:59:59 PM ET) Approximate Notification Date
Weekly Entry Period 1 01-Dec-22 06-Dec-22 07-Dec-22
Weekly Entry Period 2 07-Dec-22 13-Dec-22 14-Dec-22
Weekly Entry Period 3 14-Dec-22 20-Dec-22 21-Dec-22
Weekly Entry Period 4 21-Dec-22 27-Dec-22 28-Dec-22
Weekly Entry Period 5 28-Dec-22 03-Jan-23 04-Jan-23
Weekly Entry Period 6 04-Jan-23 10-Jan-23 11-Jan-23
Weekly Entry Period 7 11-Jan-23 17-Jan-23 18-Jan-23
Weekly Entry Period 8 18-Jan-23 24-Jan-23 25-Jan-23
Weekly Entry Period 9 25-Jan-23 31-Jan-23 01-Feb-23
Grand Prize Entry Period 01-Dec-22 31-Jan-23 02-Feb-23
Administrator will notify all potential winners via email using the information provided on the Challenge Website. All potential winners will be required to respond to Administrator within seventy-two (72) hours of notification and will be required to sign and return, within seventy-two (72) hours of notification, and an Affidavit of Eligibility, a Liability Release, and a Publicity Release (except where prohibited by law) (the “Release”). The potential Grand Prize winner will also be required to complete a W9 IRS tax form (the “W9”), which will require the potential Grand Prize winner to furnish his/her TIN for the sole purpose of tax reporting, as required by law. All completed Releases (and the Grand Prize Winner’s completed W9) must be received by Administrator by the date and time provided in the respective notifications.
If any potential winner cannot: (a) be contacted after two attempts, (b) fails to respond and/or to provide any of the requested documentation within the required time period, (c) is otherwise in non-compliance with these Official Rules, (d) declines to or cannot accept the prize to be awarded, or (e) fails to satisfactorily meet the requirements as determined in Sponsor’s sole discretion, he/she will be disqualified and will no longer be eligible to win a prize.
In the event that a Weekly Prize Winner is disqualified for any reason, the Entrant who earned the next highest number of Smiles during the applicable Weekly Entry Period will be deemed the potential Weekly Prize winner.
In the event that the Grand Prize Winner is disqualified for any reason, the Entrant who earned the next highest number of Smiles during the Challenge Period will be deemed the potential Grand Prize winner.
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant or Winner based on the results of any verification conducted at any time during the Challenge.
10. Prizing and Approximate Retail Value (“ARV”)
Nine (9) Weekly Prizes (each, a “Weekly Prize”) are available to be won, each consisting of one (1) $50.00 (USD) Visa gift card, and one (1) Tampico swag package.
ARV of each Weekly Prize is $100.00 USD. Total ARV of all Weekly Prizes is $900.00 USD.
One (1) Grand Prize (the “Grand Prize”) is available to be won, consisting of a DreamWorks Animation Puss in Boots: The Last Wish Family Travel Package for 4 to California. The Grand Prize includes:
Round-trip coach-class airfare for Grand Prize Winner, one (1) adult guest, and two (2) children (under the age of 16) guests departing from a major airport located near the Grand Prize Winner’s home (determined by Sponsor in its sole discretion) to Los Angeles airport;
Rental Car: For 6 days, to be collected at Los Angeles airport, California and dropped off at San Jose airport, California
2 nights’ luxury hotel accommodation in Los Angeles, California
2 nights’ hotel accommodation in San Luis Obispo
1 night’s private treehouse accommodation in San Jose
Exclusive PUSS IN BOOTS Inspired Sword Fighting Lesson in Los Angeles: (Allow 2 hours) Includes professional instructor and all equipment
Dinner at Top Restaurant in LA: Provided to the value of $350 USD incl. gratuity
Horseback Trail Ride in San Luis Obispo: (1 hour) Includes professional guide and all equipment
Sea Cave Boat Tour (1 hour) Includes professional guide
Redwood Forest Canopy Tour: (2 hours) Includes professional guide and all equipment
Dinner at Top Restaurant in San Jose: Provided to the value of $300 USD including gratuity.
The ARV of the Grand Prize is $9,500.00 USD.
The total ARV of all Prizes available to be won is $10,400.00 USD.
Travel, along with hotel accommodations for Grand Prize Winner and guests to be booked by Sponsor following verification of Grand Prize Winner. Actual value may vary based on airfare fluctuations and distance between departure airport within the 50 United States (including the District of Columbia) and Los Angeles, California destination.
Each prize ARV represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. In accepting a prize, Winners are responsible for all federal, state, county, local and all other taxes (including income and withholding) on the prize and costs and expenses not specifically listed above as part of the prize including, without limitation, surcharges, service charges, meals, food, beverages, insurance, ground transfers, valid travel documentation, passports, medical/health expenses, gratuities, excess baggage fees, communication charges, and all other personal expenses and incidentals. Prize elements are subject to availability and other restrictions.
There are no deviations to travel allowed except as approved by Sponsor in its sole discretion. If The Grand Prize Winner’s residence is in close enough proximity to the destination city, as the Sponsor determines in its sole discretion, the Sponsor may provide ground travel in lieu of air travel.
Grand Prize Winner and guests must abide by all venue policies and terms and conditions, Sponsor reserves the right to revoke full or partial prizes from Grand Prize Winner or guests who it deems, in its sole discretion, may be a safety risk, have violated any policy or law, or may bring the Sponsor into disrepute. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
Grand Prize must be booked and redeemed within twelve (12) months from the date of notification of winning. Availability and blackout dates are the decisions of Sponsor.
Grand Prize must be taken in accordance with government guidelines and COVID-19 rules and restrictions in place at the time of travel, the arrangement and additional costs for any COVID-19 testing, quarantine accommodation or anything else that may be required is the sole responsibility of the Grand Prize Winner and his/her guests.
Sponsor, in its sole discretion, reserves the right to substitute prizes of equal or greater value if advertised prizes become unavailable. Sponsor’s determinations regarding the awarding of prizes are final. No prize substitutions except as provided herein. Prizes are not transferable and may not be given, bartered, sold, or exchanged for cash or another prize, except at Sponsor’s sole discretion due to prize unavailability for any reason and then only for a prize of equal or greater value.
All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Actual value of prizes under this Challenge may be lower or higher at the time of its fulfillment, and any difference between actual value and the stated ARV (if actual value is lower than stated ARV) will not be awarded. Each prize ARV represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. Sponsor is not responsible if any element of the prize is delayed, postponed or cancelled for any reason. Prizes are non-transferable, non-refundable, and no substitution or cash redemption will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right, for whatever reason, to substitute a prize (or any component thereof) for one of equal or greater value.
Prize Winners must be able to accept the prizes as presented or the respective prize will be forfeited in its entirety and an alternate potential winner may be selected in Sponsor’s sole discretion.
11. Release; Indemnification; Disclaimer of Warranty
By participating in the Challenge, all Entrants and Voters agree to forever and irrevocably release and hold harmless the Released Parties from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys’ fees) (collectively, “Losses”) which may occur in connection with (a) the Challenge or any element thereof, including entry or participation therein, (b) delivery, possession, acceptance and/or use or misuse of any prize or component thereof, or (c) participation in any Challenge-related activity or prize-related activity including without limitation in each case any Losses that may be caused or contributed to by (1) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, or any of their independent contractors or any other person or entity not an employee of any of the Released Parties, or (2) any other cause, condition or event whatsoever beyond the control of any of the Released Parties. In addition, by participating in this Challenge, each Entrant and Voter agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, costs and expenses (including amounts paid in settlement and reasonable attorneys’ fees) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of Entrant or Voter (as applicable) hereunder, or (ii) Entrant’s possession, use or misuse of any prize or component thereof.
Each Entrant or Voter (as applicable) hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize (or any components thereof) and that, except as prohibited by applicable law, prizes are provided “as is” without warranty of any kind, either express or implied. Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
Except where legally prohibited, participation in the Challenge constitutes Entrants consent to the Challenge Parties’, use of Entrants names, likenesses, photographs, videos, voices, opinions and/or hometowns & states/territories, and/or Submissions for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration, notice, review or approval.
Providing a Submission constitutes Entrant’s consent to give Sponsor, its successors, assigns and licensees, a royalty-free, irrevocable, perpetual non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display in whole or in part, the Submission, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without further compensation or approval. Such consent includes, among other things, consent for the Sponsor to display Entrant’s Submissions in a public gallery to promote the Challenge and Sponsor and consent for the Sponsor to incorporate Entrant’s Submissions in other content (including videos and other media) to support, advertise, and/or promote Sponsor and current and future iterations of the Challenge. If requested, Entrants will sign any documentation required for Sponsor or its successors, assigns and licensees to make use of the non-exclusive rights Entrant is granting to use the Submissions.
All decisions of Sponsor in connection with this Challenge shall be binding and final in all respects. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Challenge, if intervening circumstances warrant, within Sponsor’s sole discretion, due to any fraud, virus or other technical problem which corrupts the administration, security, or proper entry or voting into the Challenge, or for any other reason. In such event, Sponsor reserves the right to award the prizes from among the eligible Submissions received up to the time of the termination, cancellation, suspension and/or modification. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry or voting process or the operation of the Challenge or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision.
14. Limitation of Liability
Without limiting anything set forth above in these Official Rules, Released Parties shall not have any obligation, responsibility or liability, including any obligation or responsibility to provide a prize to any Winner, with regard to: (a) Submissions entered through the use of any robotic or automated device/computer program or any other non-human mechanism, entity, or device; (b) Submissions in excess of the stated Submission limit; (c) Submissions that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered or otherwise not in compliance with or in violation of these Official Rules, whether caused by any equipment or programming associated with or utilized in the Challenge or any other reason beyond Released Parties’ control; (d) any technical or human error which may occur in the creation, submission, assignment or processing of Submissions or votes in the Challenge, including any technical or human error in connection with any social media platforms, Challenge Website and/or the hosting thereof; (e) Submissions, votes, prize claims or notifications that are not received by the intended recipient due to transmission, technical, computer or human failures or error of any kind, including any Submissions, votes, prize claims or notifications that are delayed, misdirected, or undelivered as a result of any failure or problem with the availability, functionality, operability or use of any network, server, ISP, website (including the Challenge Website), computer, internet connection, hand-held mobile device, social media platform, or any other equipment or connection used in connection with the Challenge; (f) changes in an Entrant’s information which affects the ability to contact such Entrant; (g) typographical errors in Challenge promotional material; (h) cancellations and/or delays or any change by any company or any other persons providing any of components of the prizes due to reasons beyond the control of any of the Released Parties; (i) any interruptions/postponement/cancellation of Challenge; (j) human error; incorrect or inaccurate transcription of Submission information; (k) any technical malfunctions of the computer on-line system, computer dating mechanism, computer equipment, software, any social media platform, or internet service provider utilized by any of the Released Parties or by Entrants or Voters; (l) interruption or inability to access the Challenge, any Challenge-related Web pages (including the Challenge Website), any social media platform, or any on-line service via the Internet due to hardware or software compatibility problems; (m) any damage to Entrant’s, or Voter’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Challenge; (n) any lost/delayed data transmissions, omissions, interruptions, defects; and/or (o) any other errors or malfunctions, even if caused by the negligence of any one or more of the Released Parties.
Any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved exclusively by the appropriate federal or state court located in Chicago, Cook County, Illinois, U.S.A., and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants, Voters and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois, U.S.A; Except where prohibited by law, all Entrants and Voters agree that (i) any and all such disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; (iii) under no circumstances will Entrants or Voters be permitted to obtain awards for, and Entrants and Voters hereby waive all rights to claim, indirect, punitive, incidental, consequential and/or any other damages, other than actual out-of-pocket expenses; (iv) they waive any and all rights to have damages multiplied or otherwise increased; (v) they irrevocably consent to the personal jurisdiction of the aforesaid courts, as applicable to each such Entrant or Voter, and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have; and (vi) if any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable, and that in any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be.
Personal information collected will be stored on servers located in the United States and may be accessible to U.S. law enforcement, courts and other governmental institutions pursuant to the laws of the United States.
17. Winners List Requests
For a list of the winners (available after February 8, 2023) including first name, last initial, and state/territory of residence, send an email to email@example.com with subject line: Tampico Beverages Serve a Smile Challenge Winners List Request. Winners list requests must be received no later than March 31, 2023.
Tampico Beverages, Inc., 3106 N. Campbell Ave., Chicago, IL, 60818, USA.
RAVEN5 Ltd., B9-461 North Service Rd., W., Oakville, ON, L6M 2V5, Canada.
The Challenge is in no way sponsored, endorsed or administered by, or associated with DreamWorks Animation LLC (“DreamWorks”), Meta Platforms, Inc. (“Meta”) or Twitter, Inc. (“Twitter”). DreamWorks, Meta and Twitter are hereby completely released of all liability by each entrant in this Challenge. Any questions, comments or complaints regarding the Challenge must be directed to the Administrator.
2022 RAVEN5 Ltd. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of RAVEN5 Ltd.
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