Jose Cuervo® Write Your Cinco Contest

Official Rules (the “Official Rules”)

MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. NO PURCHASE OR PAYMENT NECESSARY. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE A LEGAL RESIDENT OF THE UNITED STATES TO ENTER. VOID IN SOUTH DAKOTA AND ELSEWHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility

The Jose Cuervo® Write Your Cinco Contest (the “Contest”) is open only to legal U.S. residents who are at least twenty-one (21) years old at the time of entry. Void in South Dakota and elsewhere prohibited or restricted by law. Employees and vendors of Proximo Spirits, Inc. or its related companies, licensed alcoholic beverage distributors and retailers, Avid Marketing Group or any of their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production, execution or distribution of the Contest, and the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such individual are not eligible.  The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s (as defined in Section 2 below) decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase or payment is necessary to enter or win the Contest. Twitter® and Facebook® do not endorse, sponsor, or administer this Contest and are not affiliated with the Sponsor.

2. Sponsor and Administrator

Sponsor: Proximo Spirits, Inc., Jersey City, NJ 07302.

Administrator: McCann New York, 622 Third Avenue, New York, NY 10017.

3. Timing

The Contest begins on April 10th, 2015 at 12:00 a.m. Eastern Time (“ET”) and ends on April 28th, 2015 at 11:59 p.m. ET (the “Contest Period”). Sponsor is the official time keeper for this Contest.

4. How to Enter

There are three ways to enter the Contest. You must be a registered member of Twitter® or Facebook® in order to participate in the Contest or win a prize. Memberships on Twitter® and Facebook® are free. Registration for Twitter® and Facebook® can be obtained by going to the respective website and entering the required information to register or by downloading the application from an App Store and following the application's onscreen instructions to open an account. To enter during the Sweepstakes Period:

Entry Method No. 1

Entry Method No. 2

Entry Method No. 3

LIMIT ONE ENTRY PER PERSON FOR THE SWEEPSTAKES. Entrants may make only one (1) submission during the Sweepstakes Period. The entry submitted in this Sweepstakes is referred to as an "Entry." Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that does not comply with these Official Rules. Each Entry must comply with the Terms of Service for Twitter® or Facebook®, whichever is applicable to your entry. Creating multiple accounts in order to exceed the limits on Entries permitted by these Official Rules may result in the disqualification of all Entries from such accounts.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 Contest 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.

Entry Restrictions: All Entries must comply with the following restrictions:

  1. Entry must be an original work of the entrant;
  2. Entry cannot have been published previously by any party other than the entrant;
  3. Entry must be suitable for publication (i.e., may not be obscene or indecentor could be seen as offensive on the basis of gender, race, sexual orientation, religion or culture; or is a personal attack on another user, individual or company);
  4. Entry cannot display or contain trademarks, logos or trade dress owned by any third party such that it would appear that other brands are endorsing the Sponsor’s brand, or advertise or promote any brand or product of any kind, other than Jose Cuervo®;
  5. Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
  6. Entry cannot include the entrant’s name or personally identifiable information,  nor the full name, likeness, photograph, or other indicia identifying any other person, living or dead, without the consent of such person;
  7. Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, sexual orientation, professional or age group;
  8. Entry cannot depict or promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political or religious agenda or message;
  9. Entry cannot describe or depict any illegal activity or violation of any state or federal law, or any anti-social or dangerous behavior;
  10. Entry cannot contain the name/logo of any alcohol beverage retailer, including in the background;
  11. Entry must not contain, facilitate, reference or use materials that contain prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; nor the use of prostitution, pornography, nudity, profanity, sexually lewd or indecent content or other adult content, or violence;
  12. Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
  13. Entry must not depict children or portray objects, images or cartoon figures that primarily appeal to persons below the legal purchase age of twenty one (21);
  14. Entry must not show situations where alcoholic beverages are being consumed excessively, in an irresponsible manner or are in any way promoting the consumption of alcohol by those under the legal purchase age of twenty one (21);
  15. Entry must not depict persons in a state of intoxication or in any way suggest that intoxication is socially acceptable conduct, and entry must not promote the intoxicating effects of alcohol beverage consumption.

Any Entry that does not comply with these Official Rules will not be considered a valid Entry in this Contest. If any Entry fails to comply with any of these Entry requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.

Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Website because of such infringement, such Entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.

Submission of an Entry grants Sponsor the right to use, publish, adapt, edit and/or modify the Entry in any way, in whole or in part, and to use such Entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, and on the Sponsor’s social media pages, including Twitter® or Facebook®  for viewing by the general public, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Entry. Any posting of any Entry on the internet will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, AT SPONSOR’S SOLE DISCRETION.

Submission of an Entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Entry, including but not limited to all intellectual property rights and proprietary rights worldwide. Any content, material or information included in an Entry shall not be confidential, proprietary or trade secret. By submitting an Entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose.  

Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. 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. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.

5. Winner Selection

Grand Prize Winners

Seventeen (17) grand prizes will be awarded. Winners will be selected from all eligible entries during the contest period across Twitter®, Facebook® and www.writeyourcinco.com. The winners will be determined on or about April 29, 2015. Winners will be selected by an independent judging organization whose decisions will be final in all matters relating to this contest. The criteria for judging will be 50%; creativity and 50%; humor. 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 April 29, 2015. 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 two (2) 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 CONTEST AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. 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 must be 21 years of age or older. 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.

To the extent necessary and permitted by law, prize winner shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify prize winner from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.  

8. Prizes

Grand Prizes

Seventeen (17) grand prizes will be awarded during the Contest Period. Each grand prize winner will receive their own individual section from a mural in Los Angeles. This individual section will represent the winner’s tweet about what Cinco de Mayo is a celebration of. Alcoholic beverages are not part of the prize.  

Approximate Retail Value (“ARV”) of each prize package is $25.00. Any difference between the stated ARV and actual value will not be awarded. Total approximate retail value (“ARV”) of all grand prizes is $425.00.

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  the Sponsor, Administrator and AMG, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor, Administrator, AMG,  the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective affiliates and related entities and each of their respective officers, directors, 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 Contest, 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 Contest and/or entrant’s acceptance, use or misuse of prize.

Any personally identifiable information collected during an entrant's participation in the Contest will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Contest as described in these Official Rules.

10. Publicity

Except where prohibited, participation in the Contest 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 Contest, 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 Contest, 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 Contest 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 Contest 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 Contest 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 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 Contest may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.  

The stated ARV of the prizes is based on available information provided to Sponsor, and 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 Twitter® or Facebook® account submitted at time of entry. The authorized account holder is the natural person who is assigned to the Twitter® or Facebook® account by an Internet access provider, on-line service, or other organization that is responsible for assigning Twitter® or Facebook® accounts. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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. Limitations of Liability

The Released Parties, Twitter® and Facebook® are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; 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 Contest 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 Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, 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.

13. Choice of Law and Disputes

By entering the Contest, 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 Contest 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 Contest, 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 Contest, 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 Contest, 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.

14. Entrant’s Personal Information

Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available at http://www.proximospirits.com/privacy.html. Each entrant acknowledges that, by entering the Contest, entrant has opted into Sponsor’s Privacy Policy and, by opting into Sponsor’s Privacy Policy, has read and accepted Sponsor’s Privacy Policy. Any complaints or concerns regarding this policy should be directed to christopher.jeyes@mccann.com.

15. Contest Results

For winner’s list, please send a self-addressed stamped envelope to Avid Marketing Group, Attn: Jose Cuervo Write Your Cinco Contest – PRO23782, P.O. Box 1008, Rocky Hill, CT  06067-1008. All requests for the winner’s list must be postmarked by May 29, 2015 and received by June 12, 2015.

Sponsor:  Proximo Spirits, Inc.

JOSE CUERVO® and other trademarks are owned by Tequila Cuervo La Rojeña, S.A. de C.V. ©2015 Proximo, Jersey City, NJ.

Drink Responsibly.