NO PURCHASE NECESSARY. PURCHASE OF ALCOHOL BEVERAGE IS NOT REQUIRED TO PARTICIPATE. You must be at least 21 years of age and legal resident of the 50 United States or the District of Columbia. Contest void wherever prohibited or restricted by law.
CONTEST PERIOD: The “Celebrate and Share Your Soccer Moments” contest (“contest entry period”) begins at 12:00:00 a.m. EDT on May 31, 2018 and ends on July 8, 2018 at 11:59:59 p.m. EDT. The contest selection period will begin on or about July 9, 2018. Potential Contest winners will be notified by email and/or phone/text from Red Moon Marketing on or about July 11, 2018. Contest winners will be announced on or about July 23, 2018 via the El Jimador social channels. Untimely entries will not be accepted or be eligible to win, except as otherwise set forth in these Official Rules. Sponsor’s clock is the official clock of the Contest.
ELIGIBILITY: The contest is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of the date of entry. Void where prohibited or restricted by law, regulation, rule, or otherwise. Employees, officers and directors of Brown-Forman Corporation (“Sponsor”), its parents, affiliates, subsidiaries, and advertising and promotion agencies (aforementioned individuals and organizations collectively, “contest Entities”), alcoholic beverage wholesalers and retailers, and the immediate family members (spouses and siblings, children and parents and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Sponsor’s determinations of eligibility are final and may be made at any time.
HOW TO ENTER:
To prepare to participate in the contest through the contest website, ElJimadorSoccer.com (“The Site): Visit the El Jimador website at ElJimadorSoccer.com; Enter by completing and submitting the official entry form by writing an original story (140 characters minimum and 2000 characters maximum) about a soccer related memory/moment shared with friends and/or family and by uploading a video (10mb/mp4 & .mov) or image (10mb/jpg & png) of soccer related story surrounding celebration. Photo/Video optional. Limit 1 (one) entry per person (regardless of method of entry). Accept the terms and conditions of the Official Rules. Entries will be considered, and entry into the contest will occur by filling out, completing and submitting all required fields within the contest form.
Participation in the Contest constitutes participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. Late entries will be void and ineligible. Purported proof of submission of entry does not constitute proof of receipt of entry. By participating, each entrant warrants and represents that all personal information associated with his/her participation is truthful, current and accurate, and is his/her own information. Entry information becomes the exclusive property of Sponsor upon submission. Entries that are deemed by Sponsor in its sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image will be disqualified. All submissions should comply with Sponsor’s Photo/Video Guidelines. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. Entries which are incomplete or do not conform to all requirements will be disqualified. Sponsor’s computer is the official timekeeper for all matters related to this contest. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her contact information during the contest. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the person in whose name the account is registered at the time of entry. Potential winner may be required to provide evidence that winner is the authorized account holder of the account associated with the winning entry. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.
SUBMISSION GUIDELINES: All submissions must be in accordance with official Terms and Conditions and Restrictions set forth below:
Content submitted must be original.
Content submitted must be applicable and relevant to the Theme, “Celebrate and Share Your Soccer Moments” (as determined in Sponsor’s sole discretion).
Entrant must have secured in writing (and be able to produce the writing) any and all rights necessary and appropriate to submit the content in the Contest and grant the rights herein, including all necessary model or property releases.
If you upload content that includes any other person, then each person appearing in the content: (i) must be of legal drinking age in the country of residence or older and (ii) must have given his or her express written consent to appear in content provided. We reserve the right to remove or reject any content and/or Caption that includes or references any person (including yourself) who we believe or suspect in our sole discretion is not at least legal drinking age in the United States.
Content cannot (a) depict or reference persons consuming or pretending to consume alcoholic beverages; (b) depict or reference persons conducting themselves in an inappropriate manner (in the sole discretion of Sponsor); or (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.
Content must not infringe upon the copyrights, trademarks, property, privacy, publicity, intellectual property or other legal or moral rights of any person or entity.
Content cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.
Content cannot defame, misrepresent or contain disparaging remarks about people or businesses.
Content cannot be profane, pornographic, sexually explicit or suggestive or contain full or partial nudity.
Content cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory or discriminatory to any ethnic, racial, gender, religious, professional or age group (as determined in Sponsor’s sole discretion).
Content cannot depict or encourage illegal activity and cannot itself be in violation of any law.
DATA RATES MAY APPLY IF YOU USE A MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN CONTEST (AS APPLICABLE). WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.
WINNER SELECTION
The winner selection process will take place on or about July 9, 2018. Out of the eligible entries, one grand prize winner of $25,000 USD will be selected based on the criteria below, as determined by Sponsor in Sponsor’s sole discretion. Sponsor and judges reserve the right to review all entries either before or after they have been submitted. The decisions made by the judges and/or Sponsor are final. Each finalist entry will be reviewed by the judges, who will score all entries based on the following criteria:
Relevance to the Theme, “Celebrate and Share Your Soccer Moment” (2/3)
Creativity (1/3)
Ten (10) second place winners of custom El Jimador Soccer Jerseys, made by an artist, will be selected based on the criteria below, as determined by Sponsor in Sponsor’s sole discretion (ARV: $500 each or $5,000 total). Sponsor and judges reserve the right to review all entries either before or after they have been submitted. The decisions made by the judges and/or Sponsor are final. Each finalist entry will be reviewed by the judges, who will score all entries based on the following criteria:
Relevance to the Theme, “Celebrate and Share Your Soccer Moment” (2/3)
Creativity (1/3)
Two-Hundred (200) third place winners of El Jimador Soccer T-Shirts will be selected based on the criteria below, as determined by Sponsor in Sponsor’s sole discretion (ARV: $5 each or $1,000.00 total). Sponsor and judges reserve the right to review all entries either before or after they have been submitted. The decisions made by the judges and/or Sponsor are final. Each finalist entry will be reviewed by the judges, who will score all entries based on the following criteria:
Relevance to the Theme, “Celebrate and Share Your Soccer Moment” (2/3)
Creativity (1/3)
In the event of a tie for a winning submission, the submission with the highest score in the incorporation of the “Relevance to the Theme” category will be deemed the potential winner. In the event that there is still a tie, Sponsor will have an alternate judge review and judge the tied stories to break the tie. Sponsor reserves the right to not select a winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified stories. An entry that is late, misdirected, not received due to technical malfunction or error or illegible is not eligible.
PRIZING: Starting on or about July 9, 2018, the Sponsor will conduct a review of all eligible entries to award one grand prize of $25,000 USD, 10 second place prizes of custom made El Jimador soccer jerseys and 200 third place prizes of El Jimador soccer t-shirts, based on the submission guidelines listed above. Limit one (1) prize per entrant. Beverage alcohol is not part of any prize. See section below for winner notification details and additional prize restrictions.
CLAIMING PRIZES/RELEASE: Potential Winner(s) will be notified by phone/text/email. Potential
Winner(s) may need to provide additional information such as mailing address information for delivery of prizes, size of jersey/shirt. Any such message will instruct the potential winner to reply as instructed within three (3) full business days (measured in the local time zone) after the time that the notification message was left. Potential winner must reply as instructed within such three (3) full business day period, or he/she will be disqualified. In Sponsor’s sole discretion, such potential winners may only be notified one time as set forth above for attempted prize notification. At Sponsor’s sole discretion, potential winners may be required to complete a notarized affidavit of eligibility, a liability release and a publicity release, which must be returned, along with a copy of potential winner’s government-issued photo identification as proof of age, within the time period specified in potential winner’s notification letter. 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 as instructed within the required time period; (b) he/she deactivates his/her account prior to receipt of notification; (d) he/she fails to provide Sponsor with satisfactory proof of age, identity and residency; (e) he/she fails to complete and return any required documents by the date specified in his/her notification message/letter; (f) if any prize or prize notification is returned as undeliverable, or (g) he/she fails to comply with any of the terms of these Official Rules. 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. If any prize remains unclaimed after six (6) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or any change of contact information 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 other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are winner’s sole responsibility. Sponsor will not replace any lost, damaged or stolen prizes. Taxes on prizes and all expenses related to acceptance and use of prizes and not specified are the sole responsibility of the winners. Winners should expect to receive their prizes within approximately 3 to 6 weeks following winner verification.
By accepting his or her prize, the winner: (a) releases Brown-Forman/el Jimador and their affiliated companies and licensed alcohol wholesalers and retailers from any all liability claims, action or proceedings arising out of or for injuries or damages sustained while involved in a promotion activity or connection with the use of the prizes; as well as (b) consents to the use by Brown-Forman for promotional and advertising purposes in connection with this promotion and general use of the images submitted with entries, of his or her name and/or likeness and/or voice without further compensation. Proof of identification and age verification will be required.
GENERAL CONDITIONS The contest Entities, and alcoholic beverage wholesalers and retailers, together with the employees, officers, directors, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) are not responsible and shall not be liable for: (a) failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services; (b) interrupted or unavailable network, server or other connections including those through and/or by the Website; (c) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (d) failed, garbled, lost, misrouted or scrambled transmissions; (e) any error, omission, interruption, defect or delay in any transmission or communication or other errors or problems of any kind whether mechanical, human, technical, electronic, cellular telephone related or otherwise; (f) traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer or wireless phone/handset related to or resulting from participation in this contest; (g) late, lost, incomplete, damaged, or misdirected entries, messages, or postage-due mail; (h) any condition caused by events beyond the control of the Sponsor that may cause the contest to be disrupted or corrupted; or (i) printing errors in contest / advertising materials. By entering and participating, entrants agree to: (a) abide by these Official Rules and by the decisions of the Sponsor, whose decisions are final and binding on all matters pertaining to this contest; (b) the use of their names, photographs, videos files, testimonials or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) by Sponsor and its designee(s) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the universe in perpetuity, including but not limited to the posting of their names on the Website, without compensation or notice to, or further consent of, to the winner to the extent permitted by law; and (c) to release, discharge and hold harmless the Released Parties from any and all injuries, liability, losses and damages of any kind resulting from their participation in the contest or their acceptance, use or misuse of any prize awarded in this contest, including, without limitation, personal injury, death and property damage. Failure to comply with the Official Rules may result in disqualification at Sponsor’s sole discretion and selection of an alternate winner. All federal, state and local laws and regulations apply. CAUTION: ANY ATTEMPT BY A contest ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE contest IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH contest ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Internet entry must be made by the entrant only at the authorized web site address. Entries may not be made by any other individual or any entity, and/or originate at any unauthorized Internet web site, including, but not limited to, commercial contest subscription notification and/or entering service sites. Any potential winner who entered by any of the prohibited methods described above will be disqualified and an alternate winner will be selected. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or any web site associated therewith; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, 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 contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the contest, and to select the winners from among all eligible, non-suspect 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.
DISPUTES/GOVERNING LAW: Except where prohibited, each entrant agrees: (a) that any and all disputes, claims and causes of action arising out of, or connected with, the contest 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 Commonwealth of Kentucky; (b) that 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; (c) to hereby waive 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; and (d) to waive any right to seek injunctive or equitable relief. 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 Sponsor in connection with the contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
COLLECTION AND USE OF PERSONAL INFORMATION: By entering the contest, entrants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries and the publicly accessible information associated with the entrant’s account at the time of participation, for all purposes related to the contest (including, without limitation, processing and administering entries, sharing an entrant’s personal information with Sponsor’s service providers and contractors, as necessary to conduct and operate the contest, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the contest).
INDEMNITY: You agree 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 your entry, or your conduct in creating an entry or otherwise in connection with this contest, 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.
OWNERSHIP AND PUBLICITY As between Entrant and Sponsor, Entrant owns the content provided in connection with the Contest. By participating in this Contest and providing copy, a Photo/Video File, Entrant grants Sponsor and its parent companies, affiliates, subsidiaries, agents, and licensees a royalty-free, unconditional, irrevocable, and perpetual right, license and consent, without any compensation, consideration or further notification, to use, edit, reproduce, print, publish, display, transmit, distribute, sell, perform, adapt, enhance, or create derivative works from the content, and to use and refer to Entrant, his or her name, likeness, image, distinctive characteristics, city, state, any statements made and prize information, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes in any media throughout the world without additional compensation, unless prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. For the avoidance of doubt, by participating in this Contest, Entrant understands and grants to the Sponsor and its designees permission for his/her content and other Entrant information to be posted socially, on the eljimador.com website, in e-mail or through social media for viewing by visitors and used in accordance with the Official Rules, if selected as a winner as discussed below. Each winner agrees that the content need not be submitted to the winner for any further approval and Sponsor shall be without liability to winner for any distortion or illusionary effect resulting from the publication of the content submitted.
RELEASE By participating in this Contest, Entrants agree to be bound by the Official Rules and the decisions of the judges. Entrants, by participating in this Contest, constitutes permission for the Sponsor and Sponsor’s parent companies, affiliates, subsidiaries, agents and licensees to use winner’s or Entrant’s name, likeness, city, state, Photo, statements and/or prize information in connection with the Contest for promotional, advertising, trade and/or other purposes, in perpetuity, worldwide, in any and all media, without further compensation or notification, unless prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
DISPUTES Each Entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, 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; (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and the Sponsor in connection with this Contest shall be governed by, and construed in accordance with the laws of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions, that would cause the application of the laws of any jurisdiction other than those of Kentucky.
PRIVACY By entering this Contest, Entrants give their express permission to be contacted by Sponsor by telephone, email and/or postal mail. By participating in this Contest, Entrants acknowledge and agree that Sponsor may collect the personal information submitted by Entrant, and use information pursuant to Sponsor’s Privacy Policy.
WINNER’S LIST: For the names of the prize winners, send a self-addressed stamped envelope to Red Moon Marketing, Attn “Celebrate and Share Your Soccer Moments” Winners List, 7804 Fairview Road, Box #309, Charlotte, NC 28226, before July 9, 2018. Do not send entries to this address.
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