Contest Rules

“Don Julio Elevate Your Summer” Contest

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE 25 YEARS OF AGE OR OLDER TO ENTER. VOID IN UTAH AND WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. To Enter: The Contest begins at 12:01 a.m. (EST) on April 16, 2013 and ends at 11:59 p.m. (EST) on September 30, 2013 (“Contest Period”); but, for residents of Maryland, Michigan and Pennsylvania only, the Contest begins at 12:01 a.m. (EST) on May 15, 2013 and ends at 11:59 p.m. (EST) on September 30, 2013. To enter the contest, log on to the Don Julio Elevate Your Summer promotion website at www.elevateyoursummer.com (“Web site”), and submit an original photograph or video along with an original essay telling us about your favorite summer experience since you’ve turned 21 years of age. In addition, you must submit an official entry form featuring your name, address, email address, date of birth and telephone number (collectively, the “Submission” or “Contest Entry”). Photograph/video/essay must be truthful in all material respects. Photographs (or “photos”) must be in digital format (as a .JPEG or .PNG file), unaltered, 5 MB in size or smaller, on which no image editing software has been used. Video must be accessible via provided link, 30 seconds or shorter, on which no special filming effects have been used. Contest Entries must be received by 11:59 p.m. (EST) on September 30, 2013. Limit of one entry per person. Multiple entries will automatically result in disqualification. By submitting a Contest Entry, you agree that your Contest Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may declare your Contest Entry void and disqualify you from the Contest if it believes that your Contest Entry fails to conform, for any reason it deems appropriate in Sponsor’s sole discretion, to these Official Rules. Sponsor is not responsible for telephone or cell phone service disruptions or other equipment or service issues that might affect the ability of the Sponsor to notify the winners. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, incorrect entries or other contest materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. All entries become the property of the Sponsor and will not be acknowledged or returned.
  1. Prizes: One (1) grand prize will be awarded. A $50,000.00 Ultimate Summer “Upgrade,” consisting of: a custom, co-curated (by the Sponsor and winner) elevation of the favorite summer experience depicted/discussed in winner’s Contest Entry. While winner will have significant input as to development and fulfillment of prize, all prize arrangements and details are subject to Sponsor’s pre-approval which may be granted, withheld or conditioned in its sole discretion. Experience may include any lawful activity which is intended for persons ages 21 or over, subject to event, venue or other availability and restrictions. By way of example only, if experience is a trip to Los Angeles, Sponsor may provide first class hotel accommodations and/or first class air travel. In all cases, prize must be used no later than June 30, 2014. Under no circumstances, however, will alcohol beverages be included as part of the prize. Should travel companions/guests accompany winner in his/her use of prize, such travel companions/guests must be 21 years of age or older. Ten (10) local upgrade prizes will be awarded, with (2) local upgrade prizes being awarded for the following months of the Contest Period (April 2013, May 2013, June 2013, July 2013 and August 2013). Local Upgrade consists of a $1,000.00 custom, co-curated (by the Sponsor and winner) elevation of the favorite summer experience depicted/discussed in winner’s Contest Entry. All conditions on Ultimate Summer Upgrade apply to Local Upgrade as well, with the additional restriction that Local Upgrade experience will be limited to winner’s area of residence and will not include travel. For both Ultimate Summer Upgrade and Local Upgrade prizes, any cost beyond the stated prize amount ($50,000.00 for Ultimate Summer Upgrade; $1,000.00 for Local Upgrade) are the winner’s sole responsibility. Conversely, should the total value of Ultimate Summer Upgrade or Local Upgrade cost less than stated prize amount, winner will not receive the difference in cash. THE TOTAL VALUE OF ALL PRIZES AVAILABLE IN THE CONTEST IS UP TO $60,000.00
  1. Winner Determination: Grand Prize Winner will be selected from among all eligible Contest Entries received during the Contest Period. Local Upgrade Prize Winners will be selected for April 2013, May 2013, June 2013, July 2013, and August 2013 from among all eligible Contest Entries received up to and including 11:59 p.m. EST on the last day of each of the immediately preceding following calendar month. (For the avoidance of doubt, there will be Local Upgrade Prizes for September 2013 and if a person enters after August 31, 2013 at 11:59 p.m. EST, he/she may only possibly win the Grand Prize.) Non-winning eligible entries will be retained for subsequent months for purposes of selection of Local Upgrade Prize Winners and all eligible entries will be retained for purposes of selection of Grand Prize Winner. Residents of Maryland, Michigan and Pennsylvania will only be eligible to enter for Local Upgrade Prizes starting with May 2013 (but they will only be able to enter beginning on May 15). All 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 how well essay/photo/video depicts a person’s ultimate summer experience; uniqueness/creativity; overall quality of Submission. The top scoring Contest Entries for a given month’s judging will potentially win the Local Upgrade Prizes for that month. Local Upgrade Prize winners will be notified on or about the following dates (May 3, 2013; June 5, 2013; July 3, 2013; August 5, 2013; September 5, 2013). The top scoring Contest Entry for the entire Contest Period will potentially win the Grand Prize and will be notified on or about October 3, 2013. In all cases, winners will be notified by telephone, email and/or mail (exact method(s) of notification being in Sponsor’s sole discretion.) Winners will be required to sign an affidavit of eligibility, a liability release and a publicity release (where lawful) within ten (10) days of notification or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion. If winner cannot be located or does not respond to attempt to be contacted within five (5) days, prize will automatically be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. Should the Grand Prize or Local Upgrade Prize involve a travel companion or guest (as applicable), such travel companion/guest must be 21 years of age or older and must sign and return a liability release and a publicity release (where lawful), prior to prize award. Except where prohibited by law, acceptance of prize constitutes winner’s consent for Sponsor to use an entrant’s name, city and state of residence, voice, signature, statements, Contest entry, biographical information, photograph and/or likeness for advertising and/or publicity purposes without any additional compensation or consideration. Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest.
  1. Contest Entries: All materials, documents, photographs, videos, information and data submitted to the Sponsor in connection with this Contest, including the Contest entry and Submission (collectively “Contest Entry”) are the property of Sponsor, will not be returned and cannot be acknowledged. By entering the Contest, entrants represent and warrant that their Contest Entry is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. Judges will disqualify any Contest Entry published in magazines, papers, or any other medium, or entered in other contests. By submitting a Contest Entry, entrant further represents and warrants that any person(s) depicted or referenced in the Contest Entry has given his or her express written consent to the reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person. By entering, each entrant further warrants and represents that he/she has received all rights that may be necessary from any person depicted in a photograph or video to grant this assignment and transfer of rights. By submitting any photograph or video that contains the name, image, voice, signature, statements or likeness of any person, you hereby represent and warrant that you have obtained such written permission. Submission of an entry grants Sponsor the right to use, publish, adapt, edit and/or modify Contest entry in any way, in whole or in part, and to use such Contest 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, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Contest Entry. Submission of a Contest 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 Contest Entry, including but not limited to all intellectual property rights and proprietary rights worldwide. Any content, material or information included in Contest Entry shall not be confidential, proprietary or trade secret. By submitting a Contest Entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Contest Entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose. Any Contest Entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest Entry.
     
    The photo/video and essay submitted must be taken/created solely by the entrant. By submitting an entry, entrant represents and warrants that: (i) his/her photo/video and essay are the sole and original creation of the entrant and have not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity; and (iii) the person(s) depicted in the photo/video and/or identified in the essay has given his or her express written consent to its submission into the contest and use as contemplated by these Official Rules and by submitting any photo/essay that contains the name, image, voice, signature, statements, likeness of (or other reference to) any person, you hereby represent and warrant that you have obtained such written permission. Any photo/video/essay that contains third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry. Submission of a Contest entry grants Sponsor the right to use, publish, adapt, edit and/or modify entry in any way, in whole or in part, and to use such entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the entry.
     
    Photographs or videos containing full or partial nudity, defined as the display of the genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture will be disqualified. No photograph or video may (a) depict persons consuming alcoholic beverages (b) depict persons conducting themselves in an inappropriate manner (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, or (e) include an image of any person that appears to be under 21 years of age. Obscene, provocative, lewd or otherwise objectionable content or those which reflect poorly on the Don Julio brand will not be considered and the determination of the appropriateness of any photograph or video submitted is at the sole discretion of the Sponsor and/or Judge(s).
     
    Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.
  1. Eligibility: This contest is open only to legal residents of the 50 United States (except for Utah) and District of Columbia who are 25 years of age or older at the time of entry. Void in Utah and where prohibited. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., and its respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply.
  1. General Conditions: 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 other than outlined in the prize section above except at Sponsor’s sole discretion. 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. Limit of one (1) Local Upgrade Prize per family/household/address. 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 to redeem said prize. Should the Grand Prize or Local Upgrade Prize involve a travel companion or guest (as applicable), such travel companion/guest must be 21 years of age or older and must sign and return a liability release and a publicity release (where lawful), prior to prize award. Sponsor reserves the right to conduct a background check of any criminal records of the prize winners and travel companion(s)/guest(s), as applicable. To the extent necessary and permitted by law, prize winners and travel companion(s)/guest(s) shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winners and/or travel companion(s)/guest(s) from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of this prize.
     
    Entrants hereby agree to indemnify and hold Sponsor and Facebook harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.
     
    The value of the prize won by a participant under 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. Winners will be issued an IRS Form W-9 with the Affidavit of Eligibility, Liability Release and Publicity Release (where lawful) and a subsequent 1099 Form. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
     
    In consideration of his/her receipt of any prize, the winner for himself or herself and his or her heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge from any and all claims, demands, causes of action or other liabilities, known or unknown, absolute or contingent, and whether or not fixed, which the undersigned ever had, now has or might in the future have against any of the other Sponsors resulting in any manner from and/or by reason of the winner’s participation in the Contest and/or receipt and use of any prize, including any future use of the prize.
     
    Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.
  1. Electronic Entries: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete or postage–due mail-in entries, or for on-line entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error which may occur in the processing of entries in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest. 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.
  1. For winners’ list, please send a self-addressed stamped envelope to “Don Julio Elevate Your Summer” Contest, PO Box 367, Loretto MN 55357. All requests for the winners’ list must be postmarked by October 31, 2013 and received by November 14, 2013.
  1. Sponsor: For winners’ list, please send a self-addressed stamped envelope to “Don Julio Elevate Your Summer” Contest, PO Box 367, Loretto MN 55357. All requests for the winners’ list must be postmarked by October 31, 2013 and received by November 14, 2013.
     
    This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering, you are submitting information to Sponsor, and not to Facebook.

 
 
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