Mocha vs. Mango Sweepstakes Rules
2021 BLUE CHAIR BAY RUM MOCHA VS. MANGO SWEEPSTAKES
MUST BE 21 TO ENTER. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY AGREEMENT REQUIRED. VOID WHERE PROHIBITED.
DESCRIPTION AND SPONSOR: The Mocha vs. Mango Sweepstakes (the "Sweepstakes") begins at 12:00 AM Central Time ("CT") on February 1st, 2021 and ends at 12:00 AM CT on March 1st, 2021 (the "Sweepstakes Period"). The Sweepstakes is sponsored and administered by Fishbowl Spirits, LLC, Nashville, TN (the "Sponsor").
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and Washington D.C., who are at least 21 years of age or older as of the start of the Sweepstakes Period. No purchase is required to enter or win the Sweepstakes. No more than one (1) entry per natural person/email address/phone number. Limit one (1) prize per natural person/household. The Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. Employees and officers of the Sponsor, their parents and subsidiaries, advertising and promotion agencies and all other persons or entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of the Sweepstakes, and their immediate families (i.e., spouse, parent, child, sibling and their respective spouse) and persons living in the same household of each are ineligible to participate in or win the Sweepstakes. Alcoholic beverage industry members and employees are ineligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER THE SWEEPSTAKES: To enter go to https://bluechairbayrum.com/mocha-vs-mango-sweepstakes/ (the "Website"), provide confirmation that you are over 21 years of age, zip code, and e-mail address and follow the on-screen instructions. Entrants must vote for either Mango or Mocha as their preference for the next flavor of Sponsor's product to be released. (Final decision regarding any product flavor(s) to be released is in Sponsor's sole discretion.) No more than one (1) entry per person/household/email address/ for the entire Sweepstakes Period. Multiple entries will automatically result in disqualification. Participants may not enter with multiple e-mail addresses. 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 the Website, 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 Sweepstakes 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.
By participating in the Sweepstakes, you unconditionally accept and agree to comply with and abide by these Official Rules, the Terms and Conditions of Use of Sponsor located at https://bluechairbayrum.com/mocha-vs-mango-sweepstakes-rules/ and the decisions of the Sweepstakes Entities, which shall be final and binding in all respects. To the extent the Terms and Conditions of Use of Sponsor and these Official Rules conflict, these Official Rules shall prevail.
DRAWING AND NOTIFICATION: The winner of the Sweepstakes prize ("Prize Winner") will be a randomly selected entry, if approved by Sponsor, whose decisions are final and binding in all matters relating to the Sweepstakes. Odds of winning will depend on the total number of eligible entries received. The potential Prize Winner will be notified by email address and will be required to provide any document Sponsor may require, within a specified time, and may be required to sign and return an affidavit of eligibility and liability/publicity release ("Release"). Sponsors are not responsible for any change to an entrant's mailing address, email address and/or telephone number. Except where prohibited by law, the Release will state that the Prize Winner agrees to allow Sponsor to use (without additional compensation) his or her name, city and state, and/or biographical information for purposes of advertising and promotion (including, without limitation, posting on Sponsor's website(s) and affiliated website(s)). The Prize Winner may also be required to provide proof of age, date of birth, social security number, current address and phone number. Unless restricted by law, Prize Winner will be required to complete and return the Release within the same day of written notification. A failure to timely return a signed Release or other required documentation will result in forfeiture of the prize. The return of a prize notification as undeliverable or a potential Prize Winner becoming disqualified for any reason will also result in forfeiture of the prize. Federal and state income taxes may apply and are the sole responsibility of the Prize Winner, regardless of whether the prize is used in whole or in part. Any and all expenses not specifically stated as being included are excluded, and are the responsibility of the Prize Winner. The Prize Winner will not receive cash or any other form of compensation. No assignment, transfer, cash redemption, or substitution of the Sweepstakes Prizes is permitted, but Sponsor reserves the right to substitute a prize or prize component for one of comparable or greater value should any prize become impracticable to award or unavailable for any reason. Non-compliance with these Official Rules may result in disqualification and selection of alternate Prize Winners from among the remaining eligible entries. The alternate Prize Winner(s) will be required to respond as directed.
THE SWEEPSTAKES PRIZES: There will be one (1) Grand Prize winner awarded on the post, following the conclusion of the Sweepstakes Period ("Sweepstakes Grand Prize"). The Sweepstakes Grand Prize will consist of one: ACOUSTIC GUITAR SIGNED BY KENNY CHESNEY.
ARV OF THE SWEEPSTAKES PRIZES: Total ARV of all prizes is $500.00. ARV of prizes calculated as of the date of printing of these Official Rules. Actual value may vary. Any difference between stated approximate retail value and actual value of Prize will not be awarded.
PRIZE CONDITIONS: Sponsor reserves the right to make all selections regarding the contents of the Sweepstakes Prize. All prize details not specified in the Official Rules will be determined in Sponsor's sole and absolute discretion. All costs and expenses not specifically listed as included in the Sweepstakes Prizes herein are the sole responsibility of the Prize Winners. Neither Sponsor nor any of their prize suppliers will replace any lost or stolen Sweepstakes Prize or any component thereof once delivered to the Prize Winners. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
LIMITATIONS OF LIABILITY: The Sweepstakes Entities are not responsible for: (a) lost, late, misdirected, undeliverable, incomplete, illegible or indecipherable entries due to, among other things, system errors or failures or otherwise, or faulty transmissions or other telecommunications malfunctions, bugs and/or problems related to the online entry; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur or be encountered by entrants in the entry process, or by the Sweepstakes Entities in the administration of the Sweepstakes or the processing of entries, including computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; or (f) any injury or damage to persons or property (including death) which may be caused, directly or indirectly, in whole or in part, from any entrant's participation in the Sweepstakes or receipt or use of any prize. Sponsor may disqualify or prohibit an entrant from participating in the Sweepstakes or receiving any prize if, in Sponsor's sole discretion, Sponsor determines or suspects that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs, or creating aliases to register more than once) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Sweepstakes, then Sponsor reserves the right, exercisable at any time in Sponsor's sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. "Authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR'S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR'S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
LIABILITY RELEASE: As a condition of entering, each entrant agrees (and agrees to confirm in writing) as follows: (a) to release each of the Sweepstakes Entities, their affiliates, subsidiaries, retailers, sales representatives, distributors and advertising and promotional agencies, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any travel related thereto; (b) under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
CHOICE OF LAW: By entering the Sweepstakes, 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 the Sponsor in connection with the Sweepstakes shall be governed by laws of the State of Tennessee, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Nashville, Tennessee.
FORCE MAJEURE: In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, tsunami, earthquake, explosion, labor dispute, or strike, act of God or public enemy, epidemic, pandemic, or any federal, state or local government law, order, or regulation, or any tampering or interference by an individual or entity causing disruption to the operation of the Sweepstakes or Website, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the Sweepstakes Period, Sponsor will (if possible) select the winners from all eligible, non-suspect Sweepstakes Entries received as of the date of the Force Majeure event giving rise to the termination.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS'LIST/ OFFICIAL RULES: These Official Rules and the Prize Winner(s) from the Sweepstakes will be posted on The Website. Questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.
Copyright © 2021, Fishbowl Spirits, LLC, Nashville TN. All rights reserved.