Tequila Aficionado
Competition Official Rules
No Purchase Necessary
BY ENTERING THE COMPETITION, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. SUBJECT TO APPLICABLE LAWS, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES.
Eligibility. The “Cabo is Calling” giveaway (the “Competition” or “Prize Draw”) is only open to legal residents of Canada (excluding residents of Quebec), South Africa, United Kingdom, Ireland, India, Malaysia, New Zealand, Philippines and Singapore who are eighteen (18) years of age or older, or at least the legal age of majority in the country in which they reside at the time of entry (the “Entrant”). Persons in any of the following categories are NOT eligible to win a prize: (a) directors, members, partners, employees, consultants or agents of Sponsor or Administrator and their respective affiliates, and each of their respective companies, subsidiaries, advertising and promotion agencies, (b) suppliers of goods or services in connection with the Competition, including individuals engaged in the development, production or distribution of materials for the Competition; and (c) persons who (i) are in the immediate family of any person in any of the preceding categories (including mother, father, sister, brother, daughter, son, spouse, grandmother, grandfather, children or grandchildren), regardless of where they live, or (ii) reside in the same household, whether related or not, as any person in any of the preceding categories. All eligibility is subject to all national, provincial, municipal, territorial, federal, state and local laws and regulations. All entries submitted are the property of Tequila Aficionado Media LLC, 45 Forest Hill Road, Youngstown, Ohio 44512 (the “Sponsor”).
Competition. The Competition begins on Monday, May 6th, 2024 at 12:01am Eastern Daylight Time (“EDT”), and ends on Sunday, May 12th, 2024 11:59:59 p.m. EDT (the “Entry Period”). There will be one (1) unique random drawing to award the grand prize. Entry in the Competition does not constitute entry into any other promotion, contest, or competition. By participating in the Competition, each Entrant unconditionally accepts and agrees to comply with and abide by these rules, the Official Rules and the decisions of the Sponsor, and/or the Administrator whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
How To Enter. Follow @tequilaaficionado and @bajarribatequila on Instagram. Like the “Cabo is Calling” giveaway post. Tag someone who you want to take to Cabo in the comments.
You may enter one (1) time per Instagram profile during the Entry Period. Entries in excess of any stated limitation, and entries generated by script, macro or other automated means, or any means that subverts the entry process, will be void. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry, and reserves the right to reject any submissions that it deems, in its sole discretion, to violate any of Sponsor’s policies, standards, or practices. All materials and entries submitted become the property of the Sponsor and will not be returned or acknowledged.
Agreement to Official Rules. Participation constitutes Entrant’s full and unconditional agreement to comply with the Official Rules and Sponsor’s and Administrator’s decisions, which are final and legally binding in all respects.
- Winner Selection and Notification. A random drawing will be conducted on Monday, May 13th by the Administrator from all eligible entries received during the Entry Period.
Potential winners will be notified by e-mail, mail, or phone using the contact information provided by the potential winner at the time of entry. Sponsor shall have no liability for any notification that is lost, intercepted, or not received for any reason. If, despite reasonable efforts, any potential winner does not respond with requested information and documentation [see section 7] within fourteen (14) days (or within 60 days for legal residents of Ireland and Philippines) of the first notification attempt, or if prize notification is returned as unclaimed or undeliverable, such potential winner will forfeit the prize and, at Sponsor’s discretion, an alternate potential winner may be selected. If the potential winner is found to be ineligible, or if the potential winner has not complied with the Official Rules, or declines a prize for any reason, such potential winner will be disqualified and, at Sponsor’s discretion, an alternate potential winner may be selected.
Prize. Only the prize listed below will be awarded in the Competition
One (1) Grand Prize: $500 Flightgift flight voucher and a 3 day/4 night stay at Antigua de Cabo Hotel in Cabo San Lucas, Mexico. Travel must be booked before October 1st, 2024 and travel must be completed within 16 months of the award date. Hotel accommodations subject to hotel’s availability at the time of booking. Hotel accommodation must be book for 3 consecutive days/4 consecutive nights. Travel cannot be split or booked separately.
As a prerequisite for receiving a prize, winner will be required to sign (a) an Affidavit of Eligibility; (b) an Agreement of Publicity (except where prohibited); (c) a liability release; and (d) return each of the properly executed documents to the Administrator within fourteen (14) days (or within 60 days for legal residents of Ireland and Philippines) of attempted notification. A potential winner who satisfies all of the Competition requirements, including, without limitation, those set forth in this paragraph, will be designated the official winner (the “Winner”).
Prizes are non-transferable and non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prizes are not redeemable for cash. Winners are responsible for any applicable local income taxes. Prizes and redemption instructions will be sent via email to the address provider by the winner after being notified of their prize.
- DISCLAIMER. Subject to applicable laws, Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Competition. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBJECT TO APPLICABLE LAWS, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- Winner Publicity Requirements. Acceptance of the prize shall constitute the Winner’s agreement and consent for Sponsor and its designees to use winner’s name and/or prize information (including, without limitation, city and state of residence) in connection with this Competition for promotional, advertising or other purposes, in any manner, worldwide, in any and all media, whether now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, (Note South Africa: If a potential winner is a legal resident of South Africa, he/she have the right to decline participating in any marketing activity or refuse permission to use his/her name, likeness, photo or avatar for marketing purposes.)
- Release of Liability / Conditions of Participation.
A. Transmission of Information. Sponsor, the Administrator, and each of their respective officers, directors, employees, agents, affiliates, successors, and assigns (all collectively the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant or not, printing, typographical or other errors, or by any of the equipment or programming associated with or utilized in the Competition; (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 Competition; (4) printing, typographical, technical, computer, network or human error which may occur in (a) the administration of the Competition, (b) the uploading, processing, or random selection of entries, (c) the announcement of the Winner, or (d) the prize or any Competition-related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged or stolen entries or mail; (6) costs associated with claiming or redeeming the prizes; and/or (7) losses or damages resulting from an Entrant’s connection to the Internet via any of the websites referenced herein. The Released Parties are not responsible for any (a) incorrect, mis-transcribed, misdirected or undeliverable entries or e-mail transmissions, (b) incorrect announcements, (c) technical problems, including, without limitation, malfunctions of computer systems, servers, providers, or any hardware/software, (d) lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission, or (e) a combination of any of the foregoing. Sponsor assumes no responsibility for (i) late, lost, incomplete, inaccurate, or damaged entries, (ii) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client, or (iii) insufficient space in user’s e-mail account to receive e-mail. Sponsor shall not be responsible for any damage (whether material or non-material) caused to Entrant’s computer equipment or to data which is stored on such equipment, or to Entrant’s personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor or Administrator.
B. Fraud; Reservation of Rights. Sponsor reserves the right to cancel, suspend, and/or modify this Competition, or any part of it, if any fraud, technical failures, or any other factors impair the integrity or proper functioning of the Competition, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winners from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Competition, (b) acting in violation of the Official Rules of this or any other promotion, or (c) acting in an dishonest, fraudulent, unsportsmanlike or disruptive manner, and to void all associated entries. The preceding remedy in no way precludes Sponsor from taking legal or other actions against such individuals so as to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.
C. Release and Indemnity. By participating, Entrant hereby releases the Released Parties, and agrees to indemnify, defend, and hold the Released Parties, and the other persons and entities involved in the development, production, and/or administration of the Competition, harmless, from any and all liability for losses, harm, damage, injury, costs, fees, and expenses, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Competition, any Competition-related activity, and/or acceptance, receipt, possession or use/misuse of any prize, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy.
- FORCE MAJEURE. If, for any reason, the Competition (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, earthquake, storm or other natural cataclysm, riot, strike, terrorist activity, civil commotion, governmental regulation, or any other causes beyond the control of Sponsor which, in its sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition (or any part thereof), Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition, or to thereafter conduct the Competition by selecting the prize winner(s) for affected Competition drawing from among all eligible entries received for such affected Competition drawing prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.
- Disputes. Except where prohibited by law, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Competition, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) all claims must be resolved in the state or federal courts located in the State of Ohio; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event including attorneys’ fees; and (d) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, any indirect, punitive, incidental, and consequential damages, or damages of any kind (other than actual out of pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio, USA.
- Sponsor’s Privacy Policy. Entrant is providing his or her information to Sponsor. By submitting your personal information you may receive marketing e-mails from the Sponsor. You may opt-out after the first e-mail.
