ATLANTICO RUM “ALL ACCESS” SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. PURCHASE OF ALCOHOL BEVERAGE IS NOT REQUIRED TO PARTICIPATE.

 

THE SWEEPSTAKES IS INTENDED FOR PARTICIPATION BY PERSONS AGE TWENTY-ONE (21) OR OLDER IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY. YOU MAY NOT ENTER IF YOU ARE NOT AGE TWENTY-ONE (21) OR OLDER AND/OR NOT A LEGAL RESIDENT OF AND LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. THE SWEEPSTAKES IS VOID OUTSIDE THE 50 UNITED STATES AND D.C., AND WHEREVER PROHIBITED.

 

1. ENTRY PERIOD/ELIGIBILITY:The Atlantico Rum “All Access” Sweepstakes (the “Sweepstakes”) sponsored by Atlantico Importing Company (the “Sponsor”) begins at 11:00 AM Central Time (“CT”) on September 12, 2014 and ends at 11:00 AM CT on October 29, 2014 (the “Entry Period”). The Sweepstakes is open to any individual who is twenty-one (21) years of age or older at the date of entry and a legal resident of (and residing at the time of entry in) one of the 50 United States or D.C (the “Eligibility Area”). The following individuals are NOT eligible to participate: employees, officers and directors of Sponsor and Sponsor’s parent companies, subsidiaries, divisions, affiliates, and the advertising, promotional and judging agencies of each; employees, officers and directors of any entities affiliated with the development and administration of the Sweepstakes (aforementioned individuals and organizations collectively, the “Promotion Parties”); employees, officers and directors of any alcohol beverage wholesalers and retailers; and the immediate family members (parent, child, sibling, spouse) of each such person, and persons living in the same household as each such person (whether related or not). Any determinations of eligibility will be made by the Sponsor whose decisions are final, and may be made at any time. The Sweepstakes is void outside the Eligibility Area, and wherever prohibited.

 

2. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Promotion Parties, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules.

 

3. TO ENTER: There are two ways to enter the Sweepstakes, as described within this section. There is an overall limit of one (1) entry per person, per day, regardless of method of entry.

 

To enter online:  Visit www.AtlanticoAllAccess.com and access the entry form, then follow instructions to complete the entry form and submit the form no later than 11:00 AM CT on October 29, 2014.

 

To enter via Twitter or Instagram: If you happen to be in attendance at an event where Sponsor advertises entry into this Sweepstakes via Twitter or Instagram, follow the instructions in Sponsor’s advertising to take the requested type of photo, post it to your personal Twitter or Instagram account, and tag the photo with the required hashtag as specified in Sponsor’s advertising, no later than 11:00 AM CT on October 29, 2014. Each such photo must be different, and must meet all requirements. See Section 4 below for additional requirements for Twitter and Instagram entry. The same photo may only be entered in the Sweepstakes once. Duplicate photos will be void. Free Twitter accounts are available at www.twitter.com, and free Instagram app download to your web-enabled mobile device is available via www.instagram.com. In addition to compliance with these Official Rules, participation via Twitter or Instagram must also comply with the terms of service of the applicable social media platform (https://twitter.com/tos, and/or www.instagram.com/about/legal/terms, as applicable). Further, note your entry will not be considered successfully submitted if your Twitter or Instagram account settings prevent Sponsor from seeing your entry.

 

Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of the judges or Sponsor. Multiple entrants are not permitted to share the same email address or social media account. Sponsor is under no obligation to correspond about entries, nor is Sponsor required to acknowledge its receipt of Entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the social media account or email address associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the social media account or email address by the applicable social media platform or email address provider. Potential winner may be required to show proof of being the authorized account holder. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information.

 

4. ADDITIONAL REQUIREMENTS FOR TWITTER AND INSTAGRAM ENTRIES:  Any elements that appear in a Twitter or Instagram entry must not: (a) include an image of any person that appears to be under 21 years of age; (b) depict persons consuming alcoholic beverages; (c) depict persons conducting themselves in an inappropriate manner; (d) depict or allude to the overconsumption of alcohol; or (e) 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. Any elements that appear in a Twitter or Instagram entry, including, without limitation, brand names, logos, or images, must be either: (a) entirely original, created by the entrant; (b) property of the Sponsor or Enrique Iglesias (the “Provided Materials”); or (c) in the public domain.  Sponsor and Enrique Iglesias grant to entrants a limited revocable, non-sub-licensable, license to use the Provided Materials for the sole purpose of creating an Entry. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.

 

Use of any other elements may result in disqualification of an entry, in the Sponsor’s sole discretion. Photographs must not contain personally identifiable information such as last names, addresses, phone numbers, or email addresses. Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void.

 

By participating in the Sweepstakes via Twitter or Instagram, you represent and warrant that: (a) you are the creator of your entry; (b) your entry is wholly original (apart from any allowable public domain elements or elements owned by Sponsor); (c) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; and (d) your entry has not previously been entered in any other promotion.

 

By participating in the Sweepstakes via Twitter or Instagram, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness (“Likeness”) is included in the entry; (b) such persons are age 21 or older, and appear to be so; (c) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (d) you can and will give written copies of such permissions to the Sponsor upon request; and (e) you understand that such documents may be required in order to be deemed a winner. Failure to provide said proof may result in disqualification of the entry from the Sweepstakes. Sponsor's determination as to whether any entry potentially violates the rights of any third party is final. Submitting an entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.

 

By participating in the Sweepstakes via Twitter or Instagram, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of Instagram or Twitter) and perpetual right and permission  to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.

 

5. RANDOM DRAWING/ODDS OF WINNING:  On or about October 30, 2014, an independent judging organization will select the potential Grand Prize winner in a random drawing from among all eligible entries timely received. Odds of winning the Grand Prize depend on the number of eligible entries timely received. For the avoidance of doubt, winner determination is not affected by: (a) whether an entrant entered at www.AtlanticoAllAccess.com or via Twitter or Instagram; nor by (b) the quality of the photo associated with any eligible Twitter or Instagram entry.

 

6. GRAND PRIZE:  One (1) Grand Prize will be made available, consisting of one (1) 3 day/2 night trip for winner and one (1) guest to Miami, Florida, including: round trip coach air travel for winner and one (1) guest to the Miami, Florida area from the major gateway airport closest to winner’s residence; double occupancy hotel accommodations for two (2) nights; ground transportation between destination airport and hotel; Enrique Iglesias merchandise selected by Sponsor in its sole discretion; and a grand total of $500 spending money awarded in the form of a check made payable to the winner, intended to be used by the winner for ground transportation, meals, and incidentals, but is issued without restriction. Any prize details not specified herein shall be determined by Sponsor in its sole discretion. Airports, airlines, hotel, and any other elements of the Grand Prize will be selected by Sponsor in its sole discretion. The total approximate retail value of the Grand Prize is $2,900. Actual value may vary based on fare fluctuations and point of departure. Travel dates may be selected by winner (subject to budget, travel availability and Sponsor’s approval) and cannot be changed once booked. All travel is subject to approval of Sponsor. Actual total cost of airfare and hotel may not exceed $2,300. All travel arrangements must be made through the Sponsor or Sponsor's designee. Travel dates must be requested by winner no less than 30 days prior to desired departure date. Winner and guest must travel on the same itinerary and will be responsible for all necessary travel authorizations and documents. Travel must be completed by April 30, 2015 or prize will be forfeited in its entirety. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Prize winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and expense, and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The winner may be required to provide a credit card at the time of hotel check-in, to cover room security and incidentals. Guest of winner must be at least twenty-one (21) years of age as of the date of departure. Guest of winner must execute liability/publicity releases prior to issuance of travel documents. Once a guest is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically included as part of the prize, are not included as part of any prize package, and are solely the winner’s responsibility, including, but not limited to: ground transportation, travel insurance, room service, bag check fees, parking fees, laundry service, food, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. If winner lives within 200 miles of Miami, Florida (as determined by Sponsor), Sponsor reserves the right to substitute ground transportation in lieu of airfare at its sole discretion, and any difference in value will not be awarded. See Section 7 below for winner notification details and additional prize restrictions. Under no circumstances will alcohol beverages be provided as part of a prize.

 

7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The potential winner will be notified via email and/or phone (or via a social media message or comment on the social media platform used to submit the winning entry, if entry was made via Twitter or Instagram), to verify his/her eligibility and ability to accept the prize, and to obtain his/her complete contact information. It is recommended that Twitter and Instagram entrants confirm that their social media notification settings are turned on, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them via the applicable social media platform. In particular, if the potential winner entered via Twitter, he/she will be notified by direct message and must allow for Sponsor to contact him/her via direct message. Any such message or comment will instruct the potential winner to reply within three (3) full business days (measured in the local time zone) after the time that the notification message or comment was sent/posted. Potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such three (3) full business day period, or he/she will be disqualified. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. The potential winner will subsequently be required to complete a notarized affidavit of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry, which must be returned within the time period specified by Sponsor at the time of such request. Proof of identity, age, and legal residence may be required to claim a prize. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect or missing social media account information, postal address, email address or phone number associated with an entry, or any change of address, email, social media account or phone number of entrant after entry submission. Any prize details not specified will be determined by Sponsor in its sole discretion. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. The Grand Prize winner will be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in their name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize. Winners are solely responsible for any unspecified expenses associated with acceptance or use of a prize. Any prize details not specified will be determined by Sponsor in its sole discretion.

 

8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Promotion Parties, Enrique Iglesias, Red Light Management, Instagram, and Twitter, together with the respective officers, directors, employees, and agents of each (collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Sweepstakes or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Sweepstakes; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) changes to social media platform policies and procedures that may interfere with the operation of the Sweepstakes; (f) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (g) 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 Sweepstakes or receipt of any prize. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, the Sweepstakes, all prizes, and all materials provided on or through any Sweepstakes-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of his/her entry, or his/her conduct in creating an entry or otherwise in connection with this Sweepstakes, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

 

10. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, illegible or postage-due entries; (b) any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof; or (c) any injury or damage to entrant's or any other person's computer or other equipment related to or resulting from participation in the Sweepstakes. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select winner(s) from among the applicable eligible Entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. You are not a winner until your entry has been verified and you have complied with these Official Rules.

 

11. CONDUCT: By participating in this Sweepstakes, entrants: (a) fully and unconditionally agree to be bound by these Official Rules and by all decisions of Sponsor (which decisions shall be final and binding in all respects), including without limitation decisions regarding eligibility, winners and the interpretation of terms used in these Official Rules; (b) represent and warrant that all information provided by entrant in connection with the Sweepstakes is true, accurate and complete; and (c) agree to comply with all federal, state and local laws and regulations. Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Sweepstakes or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Sweepstakes or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

 

12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry.

13. COLLECTION AND USE OF PERSONAL INFORMATION: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules. By entering the Sweepstakes, you agree that Sponsor may share your personal information with the Promotion Parties for the purpose of winner verification in the event that you are chosen as a potential winner.

14. DISPUTES: Except where prohibited, participation constitutes each entrant’s agreement that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.

 

15. WHO WON?: The name, city, and state of the winner will be posted at www.AtlanticoAllAccess.com for a minimum of 60 days following winner verification.

 

SPONSOR: Atlantico Importing Company, 3390 Mary Street, Suite 116, Coconut Grove, FL 33133

 

© 2014 Atlantico Importing Company

 

This sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, or Twitter. Any third party trademarks appearing in these Official Rules are the property of their respective owners, are used for descriptive purposes only, and do not imply any sponsorship or endorsement of this sweepstakes.