Jose Cuervo® Cinco Sweepstakes
Sweepstakes Name: Jose Cuervo Cinco Sweepstakes (the “Sweepstakes”).
Sweepstakes Dates: The Sweepstakes registration begins at 12:00:01 am Eastern Time (ET) on 4/28/20 and ends at 11:59:59 pm (ET) on 5/6/20 (the “Registration Period”). Eligible receipts must be dated between 4/28/20 – 5/5/20. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void outside the fifty (50) U.S. and D.C., and wherever prohibited or restricted by law.
Who may Enter: The Sweepstakes is open only to legal residents of the (50) U.S. and D.C., who are age twenty-one (21) or older as of date of entry and have a valid U.S. driver’s license or government issued photo I.D., except the following persons who are not eligible to enter, participate or win:
(a) Employees, officers, and directors of Proximo Spirits, Inc. ( “Sponsor”), Million Dollar Media, LLC (the “Sweepstakes Administrator”), each of their respective franchisees, parents, affiliated companies, subsidiaries, wholesalers, distributors, alcoholic beverage retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Sweepstakes, and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this Sweepstakes, parents (including in-laws and step-parents), grandparents, siblings (including step-siblings and half-siblings), children (including step-children), grandchildren (including step grandchildren) and each of their respective spouses, regardless of where they reside.
How to Enter – Two (2) Ways: You may enter and participate in the Sweepstakes during the Registration Period in either of the following two (2) ways (purchase is not required to enter, participate or win):
Maximum of one (1) entry per person per day, regardless of method of entry. Each Twitter entry requires a unique receipt from an eligible local, independent Mexican Restaurant location that has not previously been entered in the Sweepstakes. Any duplicate receipt submissions shall automatically be disqualified.
Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s name, email address, or Twitter account or receipt, or providing any false information, will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different emails, Twitter accounts, identities, or any other methods void that participant's entries and that participant may be disqualified. No mechanically produced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible.
All Twitter Entries in the Sweepstakes, including images of submitted receipts, become the sole property of Sponsor and will not be returned. Each entrant agrees that their submitted Twitter Entry may be viewed by the public. Sponsor reserves the right to disqualify any Twitter Entry at any time that is not in compliance with these Official Rules. All Twitter Entries must conform to the receipt submission requirements as outlined above and below, or it may be disqualified and not considered for the Sweepstakes.
Only the individual who submitted the entry (Twitter or Email) shall be designated as the official entrant participating in the Sweepstakes, regardless of amount of receipt, any disputed ownership of receipt or who paid for receipt, or any other individuals involved in the receipt transaction, and entrant shall be the only individual eligible for any resulting prize award (see below). Any entry completed and submitted on behalf of another individual or using another person’s name, email address, or Twitter account, will be disqualified.
All entries must include all required information. Any entry or submission with incorrect, incomplete or illegible receipts or information, an invalid email address or Twitter account, or other inaccurate information will be disqualified. Sponsor and the Sweepstakes Administrator, and each of their respective affiliates, equity holders, owners, partners, members, directors, managers, officers, employees, consultants, contractors, lenders, advisors, sponsors, volunteers, insurers, agents, attorneys, representatives, successors and assigns (the “Released Parties”), are not responsible for lost, late, misdirected, incorrect, illegible, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone provider, network computer online systems, computer equipment, servers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer, phone line or cellular transmissions and/or network connections; all of which shall be disqualified.
In the event of a dispute as to any entry, registration or receipt submission, the authorized account holder of the email address or Twitter account used to register or submit the receipt, and associated with the entry shall be deemed to be the registrant/entrant and s/he must be eligible according to these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address, or the assigned Twitter account holder of the account name used to post the receipt. Proof of being the authorized account holder may be required.
By participating and submitting an entry, entrant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone, Twitter message (including post or direct message) or any other form of media to make entrant aware of information pertinent to the Sweepstakes, and to distribute information regarding the Sponsor’s products, special events or promotional offers. Contestants may opt-out of any further email communication at any time by following the provided opt-out instructions. Any available opt-in opportunities are not required to enter the Sweepstakes, and checking the opt-in boxes will not improve your chances of winning.
Prize Drawings – Daily Winner Selection & Notification (nine (9) daily drawings): Sponsor shall conduct random prize drawings from among all eligible entries received from all entry methods combined, as of the date and time of each drawing. Daily drawings shall occur on or about 4/29/20 – 5/7/20, to randomly select up to a maximum limit of two hundred and fifty (250) potential winners per day, or until a maximum limit of $22,225 in daily prizes have been awarded, whichever occurs first. For the avoidance of doubt, a maximum of two hundred and fifty (250) individual winners or $22,225 in daily prizes shall be awarded during each daily drawing. In the event there are fewer than two hundred and fifty (250) eligible entries or less than $22,225 in eligible prize winners for any daily drawing, Sponsor reserves the right in its sole discretion, to award any remaining unawarded daily prize awards during a subsequent daily drawing.
Note: There is a maximum of one (1) prize award per person or household during the entire Registration Period. If eligible entries are less than the scheduled number of daily prizes for any daily prize drawing or total number of prizes for the entire Sweepstakes, then associated prize award(s) shall not be awarded.
All potential prize winners shall be notified initially by post or message to their associated Twitter account or email following their selection and determination as a potential winner. If potential winner fails to respond or the Administrator is unsuccessful in its attempt to directly reach a selected potential winner for any reason, by email or Twitter, within seventy-two (72)-hours from the initial notification attempt to the Twitter account or email address associated with that participant’s entry, then that participant may be disqualified and the associated prize shall not be re-awarded, except as noted herein.
During winner notification process, the selected potential winner must confirm their eligibility, and indicate their willingness and ability to accept the designated prize award (see below). If any selected winner does not meet the eligibility requirements, or is unable or unwilling to accept the associate prize or elects to decline the prize, s/he will be disqualified. Any disqualified contestant will not receive any alternate prize substitution or compensation. Decisions of the Administrator in the selection and determination of all potential prize winners, determination of eligible receipt submission, designated prize award and all matters relating to this Sweepstakes are final and binding.
To be eligible for a prize, each winner shall: 1) complete and return in a manner as instructed by the Sweepstakes Administrator (i.e. via online submission), within three (3)-days of date of receipt, a prize acceptance form, including an affidavit of eligibility and a liability/publicity release (publicity release where permitted); 2) present a copy of a valid social security card and/or a valid driver’s license as a condition of receiving any prize; and 3) pay all applicable taxes (including, but not limited to, all local, state and federal taxes) on all prizes awarded.
Daily Prize Awards: The following daily prize awards shall be available in the Sweepstakes. Any unclaimed daily prizes shall not be awarded.
· Twitter Entrants: each eligible daily prize winner selected via a Twitter entry shall be awarded the dollar amount equal to the amount on their eligible submitted receipt (as associated with the selected entry) from a local, independent Mexican restaurant, excluding any alcoholic beverage purchases, sales tax, delivery charges and tip, up to a maximum limit of $100. Any eligible purchase amount in excess of $100 on the receipt shall not be awarded as part of the prize. If actual amount on the selected receipt is lower than the stated maximum value of prize, then the difference shall not be awarded to the winner. Prize award shall be delivered via Venmo payment (see below). Please allow approximately four (4) – eight (8) weeks for prize delivery.
· Email Entrants: each eligible prize winner selected via an Email Entry shall be awarded $30 to be used toward their favorite Mexican meal at their designated local, independent Mexican Restaurant as submitted on their associated email entry. Prize award shall be delivered via Venmo payment (see below). Please allow approximately four (4) – eight (8) weeks for prize delivery.
A maximum of two hundred and fifty (250) daily prizes shall be available on each prize drawing date, up to a maximum daily limit of $22,225 in total daily prize awards. No more than two hundred and fifty (250) winners or $22,225 in prizes shall be awarded during any individual daily prize drawing, except for any unawarded daily prize awards as noted above. Following the selection of two hundred and fifty (250) daily winners, or potential award of $22,225 in total daily prize winners, the prize drawing for that associated drawing date shall be complete, regardless of the actual number of winners or value of prizes awarded. All winners must accept delivery of prize award in the manner as solely designated and determined by Sponsor. Winners shall receive transfer of their prize award via Venmo, and must have or shall be required to create a Venmo account in order to accept prize delivery. Prizes shall not be available for award via check or other prize delivery method. Prize award subject to the terms and conditions of Venmo account policy. Total maximum value of each daily prize awards not to exceed: $22,225 (maximum limit of $100 per individual prize winner), except as noted above. Total maximum value of all available prize awards during the entire Registration Period not to exceed: $200,025.
Additional Prize Terms: No alcoholic beverage is part of any prize award. All other costs and expenses related to prize acceptance, redemption and use not specified herein as being provided are the sole responsibility of winner, including but not limited to all applicable taxes (including, but not limited to all local, state and federal taxes). All income, federal, state and local taxes are the winner’s sole responsibility. All prize awards are non-transferable and no alternate cash redemption, prize delivery or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded.
General Receipt Submission Requirements:
(a) Each entry and/or photo of an eligible receipt must be submitted in a format as accepted by Twitter;
(b) Must be the entrant’s own original receipt and not previously submitted in the Sweepstakes;
(c) Any entry that is not properly submitted or received for any reason, including any technical difficulties, upload failures; failures to save or properly store the entry and/or photo of receipt; busy signals, efforts of hackers; or any lost or disconnected Internet connections, will be disqualified.
Additional Receipt Submission Requirements: Sponsor reserves the right, in its sole discretion, to disqualify any entry and/or receipt submission for any reason that it considers to not be appropriate for the Sweepstakes. Entry and/or receipt submission restrictions include, but are not limited to, the following requirements:
· may not include, depict or reference any individual under the age of 21, or that appears to be under the age of 21;
· not be, or ever have been, previously submitted in the Sweepstakes;
· except as relates to the Sponsor’s brand(s) or approved partners, not include trademarks, logos, or copyrighted material not owned by entrant or material that is used without permission (including, but not limited to, company names, photographs, works of art, or images published on any media) or that otherwise infringes or violates the rights of any third party (including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit moral”), or any other intellectual property rights);
· not feature, refer to, or mention any companies or brands in competition with Sponsor;
· not include any unauthorized photos, images, comments or plagiarism of any kind;
· not contain or reference nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content or images (which shall be determined by Sponsor, in its sole and absolute discretion);
· not contain any political or politically themed or motivated messages, comments, statements, or images;
· not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of the Released Parties or any other individuals and/or entities affiliated or associated with Sponsor, the Sweepstakes, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;
· not depict or include any comments, descriptions or images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;
· not be 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;
· not include any name, likeness, description, photograph, or any other identifying element, in whole or in part, of any person, living or dead, without permission; and
· not depict or describe over consumption or irresponsible consumption of Jose Cuervo or any other alcoholic beverage.
Representation and Release of Rights to Receipt Submissions: By submitting any receipt, each participant represents that s/he has sole and exclusive ownership and proprietary rights of all receipts and images submitted; has full permission to publish and release their receipt, images, and comments included within the entry; and agrees that each entry and receipt submission becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote, or utilize entry, associated comments or receipt in any manner of its choosing in relation to the promotion or advertising of the Sweepstakes or Sponsor. Entry into the Sweepstakes and upload of any entry and receipt, constitutes permission for the Sponsor and its designees to use that participant’s entry, comments and receipt, name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. Entry and receipt submissions will not be acknowledged or returned by Sponsor.
Sponsor reserves the right to request from any entrant, at any time, proof, in a form acceptable to Sponsor, of any permission required or possibly required to use such participant’s entry including any comments, content or receipt. Failure to provide such proof, if requested, may disqualify such entry from the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process or the Sweepstakes website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Sweepstakes judges appointed by Sponsor in their sole discretion. Any questions regarding the number of entries submitted, eligible receipt submissions (including determination of a local, independent Mexican restaurant) or the authorized account holder of email or Twitter account shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Additional Rules & Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Sweepstakes. In the event an entrant wins a prize, and is later found to be in violation of these Official Rules, he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in the Sweepstakes constitutes permission for the Sponsor and its designees to use entrants’ names, cities, and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent, or deceptive entries or acts shall render entrants ineligible for any prize.
By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including, but not limited to, travel or activity related thereto), and to assume all liability therefor.
Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any Force Majeure Event. The term “Force Majeure Event” as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other labor or industrial disturbances; acts of public enemies; war; cyber-attack; orders or restraints of any kind from any governmental, civil or military authority or from any of its departments, agencies or officials (except when such governmental action results from a party’s failure or refusal to comply with any applicable law, rule, or regulation); insurrections; riots; power failure or surges; landslides; earthquakes; fires; storms; lightning; droughts; floods; explosions; pest damage; plagues; diseases; epidemics; pandemics; acts or omissions of communications or other carriers; and any other cause or event not reasonably within the sole control of the Released Parties.
Participants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control (including, without limitation, a Force Majeure Event), or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the cancellation of the Sweepstakes, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes website.
Sponsor reserves the right to cancel, modify, or terminate the Sweepstakes for any reason, including, but not limited to, fraud, misconduct, regulatory requirement or as required by applicable law, or if any technical failures, internet difficulty or programming error destroy or threaten the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine any prize winners from among all eligible, non-suspect entries received as of the time/date of such termination.
In addition, by submitting any entry, each entrant transfers any and all of his/her right, title, and interest in and to such entry, including, but not limited to, any and all copyrights, trademark rights, "moral rights", and any and all other proprietary rights that may exist, throughout the world, to Sponsor and expressly waives any rights s/he may have in such submission and/or entry. Each entrant agrees Sponsor is the exclusive owner of all rights in and to such entry and/or submission, and will have the worldwide, perpetual right to copy, display, reproduce, exhibit, edit, modify, assign, license, register for copyright or trademark, distribute, sell or otherwise use and exploit the entry and associated submission and all elements and/or derivative works thereof, in whole or in part, alone or with other materials, in any media now known or hereafter created or devised, for any reason whatsoever, without compensation to Entrant.
IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New York; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs; and, (3) under no circumstances, shall 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York.
Odds: Odds of being selected as a daily prize winner are dependent upon the total number of eligible entries received from all entry methods combined, as of the date and time of each prize drawing.
Official Rules & Winners List: For a copy of these Official Rules, or name of prize winners, send a self-addressed stamped envelope to be received by 6/30/20 to: Jose Cuervo Cinco Sweepstakes, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting, these Official Rules or the winners list.
Sponsor: This Sweepstakes is sponsored by Proximo Spirits, Inc., 333 Washington Street, Jersey City, NJ 07302.
Sweepstakes Administrator: The Sweepstakes is administered by Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095.
JOSE CUERVO® and other trademarks are owned by Tequila Cuervo La Rojeña, S.A. de C.V. © 2020 Proximo, Jersey City, NJ. Please Drink Responsibly.
This Sweepstakes is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Twitter or Venmo. Twitter and Venmo have no liability or responsibility for any claim arising in connection with this Sweepstakes or any prize(s) awarded in connection therewith.