KETEL ONE/DON JULIO VIVA MARIACHI SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL U.S. RESIDENTS OF ARIZONA WHO ARE 21 YEARS OF AGE OR OLDER. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. To Enter: Sweepstakes begins at 12:01 a.m. Mountain Time (MT) on March 4, 2019 and ends at 11:59:59 a.m. (MT) on April 10, 2019. There are two (2) ways to enter this sweepstakes. Entry Method No. 1 – During the Sweepstakes Period, send a text message with the word “VIVA19” from your handset addressed to 55678. Once you send the text message, verify your age and provide your name and zip code, you will be automatically entered into the Sweepstakes. You will be charged for all text messages sent and received from your handset according to the terms in your individual Calling Plan with your cellular provider. For additional support, text HELP to 55678 or STOP to cancel at any time. All entries made using Entry Method No. 1 must be received no later than 11:59:59 a.m. MT on April 10, 2019. No alterations or forged entries are permitted. All entrants using Entry Method No. 1 must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method.  Prize will be awarded to the name corresponding to the phone number from which the text message originated. Standard text messaging fees apply.  Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate. Check your phone capabilities for specific text messaging instructions. Text messaging service is not available in all areas. Entry Method No. 2 – Print your name, address, daytime telephone number, email address (if any), date of birth and the words KETEL ONE/DON JULIO VIVA MARIACHI SWEEPSTAKES ENTRY on a 3” x 5” card and mail in an envelope to VIVA19, c/o HP2, P.O. Box 40216, Phoenix, AZ  86057, to be postmarked by April 10, 2019 and received by April 12, 2019.  Sponsor is not responsible for postage due mail.

One entry per person per day (12:00 a.m. MT – 11:59 p.m. MT) regardless of method of entry. If submitting more than one entry via mail, each entry must be mailed separately.  Multiple entries in violation of entry limit will automatically result in disqualification.  Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.

Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible/garbled, corrupted, jumbled, inaccessible, incomplete, or incorrect entries or other Sweepstakes materials, all of which are void. Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect a caller’s ability to text in and qualify; or the ability of the Sponsor to notify the winners. Facsimiles or mechanical reproductions will not be accepted. Receipt of text message entries may be acknowledged but such acknowledgment is not otherwise binding upon Sponsor; receipt of mail entries will not be acknowledged.  All entries become the property of the sponsor and will not be returned.

  1. Prizes: Two (2) GRAND PRIZES will be awarded. Each Grand Prize Winner will receive two (2) VIP tickets to the Tucson Mariachi Festival “Noche Espectacular” on Friday, April 26, 2019. Winner’s guest must be 21 years of age or older. If Grand Prize Winner is not available on April 26 for any reason, prize will be automatically forfeited, and an alternate Grand Prize Winner may be selected at the sole discretion of Sponsor (time permitting). Approximate retail value of each Grand Prize is $150.

Tickets are subject to terms and conditions indicated thereon. Tickets are only valid for indicated concert; may be subject to venue restrictions (including inclement weather policy); and are NOT for re-sale.  Seat location and ticket type are of Sponsor’s sole choosing.  Any unspecified expenses associated with acceptance and use of prize (including but not limited to travel to and from concert venue, parking at concert venue and overnight hotel accommodations if desired) are the sole responsibility of winner. Alcohol beverages are not part of the prize.  Winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner at concert; and, should winner and/or guest, as applicable, fail to do so, prize may be immediately terminated with ejection from the concert venue and the Sponsor, Tucson International Mariachi Conference and/or management/ownership of the concert venue may pursue legal sanctions against Grand Prize winner and/or guest. If a winner chooses to accept prize without a guest, or if guest does not timely return a Liability Release and Publicity Release (where lawful) as discussed below, winner will receive only one (1) ticket to concert; and, winner will not receive any additional prize or compensation in conjunction therewith (and, the value of the Grand Prize will be reduced accordingly).

  1. Winner Determination: Winners will be determined in a random drawing on or about April 15, 2019 by HP2, an independent third party judging organization whose decisions will be final in all matters relating to this Sweepstakes. Odds of winning will be determined by the total number of eligible entries received. Winners will be notified by phone and/or email (if provided) on or about April 15, 2019. Winners will be required to sign an affidavit of eligibility, liability release and publicity release (where legal) within two (2) days of notification (or such shorter amount of time as indicated on winner notification documents) or prize will be forfeited and may be awarded to another winner at sponsor’s sole discretion (time permitting). If winner cannot be located or does not respond to attempt to be notified within one day of notification (or such shorter amount of time as indicated on winner notification documents), prize will automatically be forfeited and an alternate winner may be selected at sponsor’s sole discretion (again, time permitting.) SPONSOR AND HP2 SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CONTACT POTENTIAL WINNERS; HOWEVER, SPONSOR AND HP2 DISCLAIM ANY AND ALL LIABILITY AS TO THE EFFECTIVENESS OF ANY ATTEMPT TO CONTACT POTENTIAL WINNERS.

Guest of Grand Prize winner must be 21 years of age or older and must sign and return a liability release and a publicity release (where lawful) within two (2) days of notification of winner (or such shorter amount of time as indicated on winner notification documents). If guest does not timely return signed liability release and publicity release (where lawful), Sponsor may allow winner to choose a replacement guest (again, who is 21 years of age or older) who must sign and return the liability/publicity release (where lawful) within one (1) day of notification or such shorter amount of time as indicated on winner notification documents. But, should Sponsor determine in its sole discretion that sufficient time does not remain prior to the concert for selection and verification of a replacement guest, Grand Prize winner must accept the prize without a guest; and, winner will not receive any additional prize or compensation in conjunction therewith.

WINNER AND GUEST AGREE THAT AN ELECTRONIC SIGNATURE/ AFFIRMATION OR FACSIMILE VERSION OF THE AFFIDAVIT OF ELIGIBLITY AND LIABILITY/PUBLICITY RELEASE (FOR WINNER) AND LIABILITY/ PUBLICITY RELEASE (FOR GUEST) SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A HAND-SIGNED DOCUMENT. NOTWITHSTANDING THE FOREGOING, SHOULD SPONSOR/HP2 DETERMINE IN THEIR SOLE DISCRETION THAT THE ELECTRONICALLY SIGNED/AFFIRMED/ FACSIMILE VERSION OF EITHER DOCUMENT IS NOT ACCEPTABLE, SPONSOR MAY CONDITION AWARD OF PRIZE (FOR WINNER) OR ACCOMPANYING WINNER TO CONCERT (FOR GUEST) ON RETURN OF THE ACTUAL HAND-SIGNED DOCUMENT.

Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.

Prize details will be provided to winner upon proof of eligibility; that is, driver’s license, passport or other valid government- issued photo identification. In addition, guest of winner must provide valid government-issued photo identification as a condition of accompanying winner to concert.

  1. Eligibility: This Sweepstakes is open only to legal U.S. residents of Arizona who are 21 years of age or older at the time of entry. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., Tucson International Mariachi Conference, HP2 and, as applicable, their 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 Sweepstakes 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. Cash equivalent may be less than the approximate retail value of prize. Prize is non-transferable except at the sole discretion of the Sponsor. Limit of one (1) prize per person/family/household/address. All federal, state and local taxes on 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. Sponsor reserves the right to conduct a background check of any criminal records of each prize winner and his/her guest. To the extent necessary and permitted by law, prize winner and his/her guest shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify a prize winner and/or his/her guest based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.

Entrants hereby agree to indemnify and hold Sponsor and Tucson International Mariachi Conference 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 and/or participation in this Sweepstakes (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of the prize awarded (including any travel or activity related thereto). Sponsor makes no representation or warranty of any kind, including the warranty of merchantability or fitness for the intended purpose, in conjunction with the prize.

The value of the prize won by a participant under the sweepstakes 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.

In consideration of his/her receipt of any prize, prize winner for himself or herself and his or her guest, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, as well as Tucson International Mariachi Conference, against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Sweepstakes, including, but not limited to, prize winner’s participation in the Sweepstakes; prize winner’s Sweepstakes entry; use of prize winner’s name, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate this promotion, or any part thereof, at any time, for any reason, without notice or further obligation.

  1. Text Message Entry Conditions: By participating in this Sweepstakes all entrants authorize Sponsor to provide their text messaging address.  Information collected in connection with this Sweepstakes will be used in accordance with Sponsor’s privacy policy and these Official Rules.  In the event of any discrepancy between the privacy policy and these Official Rules, the privacy policy shall control and govern.  To review Sponsor’s privacy policy, please go to www.ketelone.com or www.donjulio.com and, after confirming that you are of legal drinking age, click on the “Privacy and Cookie Notice” link on the bottom of the home page. Sweepstakes is intended for participation in Arizona only and shall be construed only according to United States law. By participating in the Sweepstakes, you authorize Sponsor to communicate with you by text messaging regarding Sweepstakes participation for the duration of the Sweepstakes. In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the cellular provider. “Authorized Account Holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records. Sponsor and its agencies are not responsible for SMS 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 any human or technological error that may occur in the processing of entries in this Sweepstakes. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
  1. Winners’ List: For winners’ list, please send a self-addressed stamped envelope to HP2, 2880 E. Northern Ave, Phoenix, AZ 85028. All requests for the winner’s list must be postmarked by May 10, 2019 and received by May 17, 2019.

Sponsor: Diageo Americas, Inc., Norwalk, CT.

KETEL ONE Vodka. Imported by Ketel One USA, Aliso Viejo, CA.

DON JULIO Tequila. Imported by Diageo Americas, Norwalk, CT.

Please Drink Responsibly.