Official Rules available at wincabritotequilastuff.com
Sweepstakes Period: Begins 5/5, ends 7/31.
- Eligibility: NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA AND 21 OR OLDER AS OF DATE OF ENTRY. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM®
This Sweepstakes is open to any registered member of www.instagram.com, legal residents of the 50 United States and District of Columbia, who are 21 years of age or older as of date of entry. Employees and directors of Phillips Distilling Co. (“Sponsor”), Marketing Lab (“Administrator”), and their respective parents, subsidiaries and affiliated companies, advertising, promotion or production agencies, licensed alcoholic beverage retailers, wholesalers, and manufacturers, and each of their immediate family members or individuals residing in their same household, are not eligible to participate or enter.
The Cabrito Tequila Goat Hoof Shot Glasses & T-shirts sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Central Time (“CT”) on 5/5 and ends at 11:59 p.m. CT on 7/31 (the “Sweepstakes Period”).
- How to Enter: Comment on @cabritotequila Giveaway Instagram posts. Can only win once.
To enter the Sweepstakes, you must be a registered member of Instagram®. If you are not a registered member of Instagram®, please visit www.instagram.com to register for a free account. (A compatible mobile device is required to use the Instagram® platform.) Each Entry must comply with the Terms of Service for Instagram®.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on www.instagram.com or other websites, applications or social media platforms (including websites, applications and social media platforms used by Phillips Distilling Co. and/or its Cabrito Tequila brand). Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. All Submissions will be reviewed for content before being published. While certain Submissions may be featured from time to time on the Website during the Sweepstakes Period, if an entrant’s Submission is a featured Submission, it does not constitute any representation that the entrant responsible for such Submission is either eligible for the Sweepstakes or has been selected as a prize winner in the Sweepstakes.
Sponsor reserves the right to disqualify any Entry that does not comply with the submission requirements listed above, or that is otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules.
Once submitted, an Entry is final and may not be altered or edited. Sponsor reserves the right to waive any of the requirements set forth herein in its sole and absolute discretion. Entrants are advised to retain copies of their Entries for their records because no Entry will be acknowledged or returned. Entries must be received during the Sweepstakes Period, the beginning and ending of which shall be determined according to Sponsor’s internal time clock. Proof of submitting any Entry is not considered proof of delivery to or receipt of such Entry by Sponsor. Furthermore, Sponsor shall have no liability for any Entry that is lost, intercepted, or not received by the Sponsor.
- Please Note: Entrants must adjust their Instagram® account settings to allow for receipt of messages from Sponsor. For this purpose, entrants must set their Instagram® account settings to “Public,” and take any further necessary steps to ensure receipt of any communication from Sponsor. It is entrant’s sole responsibility to take any steps necessary to adjust their Instagram® account settings to permit entrant to receive messages from Sponsor. Any Entrant’s failure or inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such entrant to comply with these rules, and any such entrant shall be disqualified. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants. By entering this Sweepstakes, each entrant agrees that the Sponsor may contact the entrant by direct Message via entrant’s Instagram® or email accounts provided upon registration, to administer and fulfill this Sweepstakes.
Sponsor and Administrator are not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect a person's ability to post a Submission on Instagram® and qualify or the ability of the Sponsor to notify the winners. All entries become the property of the sponsor and will not be returned.
ENTRIES POSTED BY ENTRANTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE ENTRANTS THEMSELVES AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH.
- Prizes: (36) goat hoof shot glasses + (9) t-shirts, (4) shot glasses and (1) t-shirt per winner.
- Approximate Retail Value (“ARV”) of the Prizes: $2 per shot glass, $5 per t-shirt. $117 total.
- Selection of Winner(s): The winners of the Sweepstakes prizes will be selected from among all eligible entries received in a random drawing on or around 5/31, 6/30, & 7/31 (“Drawing Date”), by Administrator, whose decisions are final and binding in all respects and in any manner in connection with this Sweepstakes. Odds of winning depend on the total number of eligible entries. Administrator will conduct the Random Drawings. Winners will be notified by direct message, on or about the Drawing Date. Administrator will make up to 3 attempts to contact each potential winner. If the prize winner cannot be contacted after 3 attempts, that potential winner will forfeit the prize, and the prize may be awarded to an alternate winner in Sponsor’s sole discretion. Potential winners will be required to provide any document Administrator may require to verify eligibility, within a specified time, and may be required to sign and return an affidavit of eligibility and liability/publicity release. 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.
The Sweepstakes prizes do not include alcoholic beverages. Federal and state income taxes may apply and are the sole responsibility of the prize winners, 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 winners. The prize winners 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. If any prize winner, including alternates, cannot be certified by 7/31, then the Sweepstakes prizes will not be awarded.
Upon verifying eligibility of each prize winner, Administrator will mail the prize to the winner to the address provided by prize winner during the verification process. Allow 4 weeks for delivery of any prize.
- Winners List:
- Release: Unless prohibited by law, as a condition of entry, you grant consent to Sponsor and Administrator and their agents to use your name, likeness, voice, biographical information and/or your Entry for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation.
By entering the Sweepstakes, you voluntarily and knowingly completely and forever release, waive and discharge Sponsor and Administrator and all related parties, and Instagram®, from and 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 you ever had, now has or might in the future have arising in any way or related to this Sweepstakes, including, but not limited to, participation in the Sweepstakes; your Entry; use of your name, likeness, 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.
- License: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS OR HER PERSONAL INFORMATION AND ENTRY MAY BE POSTED ON THE SPONSOR’S WEBSITES AND SPONSOR’S PAGES / APPLICATIONS ON SOCIAL MEDIA CHANNELS, AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, IN SPONSOR’S DISCRETION. By submitting an Entry, entrant hereby grants Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, adapt, modify, transmit, distribute, create derivative works from and display entrant’s Entry, in any and all media, in whatever form or manner (including without limitation the exclusive, irrevocable, unlimited, sub-licensable right and license to photograph, film, publish, or broadcast, the Entry), in whole or in part, and for any legal purpose whatsoever, now known or that may become known in the future, without consideration to the entrant in the Entry in any way, during or after the conclusion of the Sweepstakes. entrant represents and warrants that he or she has not entered into any prior agreements that would limit his or her ability to grant the rights described herein, nor has entrant granted to any third party any of the rights described herein. entrant further represents that he or she has the unfettered right and authority to grant these rights and make these representations. Sponsor is not responsible for any unauthorized third party use of any Entry, nor shall Sponsor, or any party acting on its behalf, be responsible for any claims, losses, damages, costs, penalties, fees or other liabilities which may be incurred by any party in connection with Sponsor’s use of the Entry as permitted hereunder. Each entrant irrevocably waives any and all so-called moral rights he or she may have in the Entry submitted by him or her.
- Assignment of Rights / Publicity Release: In return for being eligible to receive a prize (regardless of whether such prize is actually awarded or accepted), and for no other consideration whatsoever, all entrants will, and hereby do, irrevocably assign to Sponsor all rights, title, and interests they have in their Entries and all likenesses and photographs thereof, including the right to sue for past infringement. By virtue of this assignment, Entrants understand and agree that they have no ownership or other rights in their Entries, and that Sponsor may use their Entries for any purpose whatsoever, including without limitation, commercial (including sales of the Entries, or derivatives, photographs, or replicas thereof), advertising (including point-of-sale materials), and promotional purposes as well as on or in connection with the Website, the Sweepstakes or other promotions, and hereby releases the Sponsor from any liability with respect thereto, except where prohibited by law. Further, Entrants hereby grant Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license to use his or her name, city and state, photograph, testimonial, likeness and/or biographical information in connection with the Entries for no other consideration whatsoever.
An Entry must be the original work of the entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entrant warrants and represents that his or her Entry: (1) is an original work of entrant and does not contain material or artistic expression owned by anyone other than entrant or Sponsor; (2) does not contain or use trademarks, trade dress, logos or copyrights owned by anyone other than entrant or Sponsor; and (3) does not use the name or likeness of any persons other than entrant. By submitting an Entry, entrant warrants and represents that he or she consents to the submission, use and exhibition of the Entry in the manner set forth in these Official Rules. Entrant further warrants and represents that he or she holds no interest in any alcoholic beverage license of any kind issued by any state or governmental agency, and is not employed in any capacity by a business holding such a license.
Each entrant hereby acknowledges and agrees that submission of an Entry is gratuitous and made without restriction and the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide an Entry to Sponsor for purposes of the Sweepstakes does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of an Entry, except as provided herein. Each entrant further acknowledges that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the entrant as provided for by these Official Rules and that by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Each entrant acknowledges and agrees that the Sponsor does not now have, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his or her Entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of the Sweepstakes, including without limitation, Sponsor’s use of any Entry or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief.
- Limitations of Liability: Sponsor and Administrator, and their respective affiliates, are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any 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 or use or misuse of any prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. If it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to select winners, at random, from among all eligible entries received up to the date of discontinuance of the Sweepstakes. Entrant further agrees and acknowledges that Sponsor reserves the right to award any unclaimed or leftover prize to another randomly-selected and eligible entrant at its sole discretion.
- Terms & Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner at random from all eligible, non-suspect entries timely received as of the event giving rise to the termination. Sponsor reserves the right in its sole discretion to disqualify any entrant or individual it suspects or finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner, the winning Submission will be declared made by the authorized account holder of the email address or Instagram® account used to submit the Submission.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Disputes / Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in Minnesota (“MN”) under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired MN state or federal court judge with experience in entertainment matters who shall follow MN law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sponsor shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of MN. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in MN; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of MN, without giving effect to any choice of law or conflict of law rules (whether of the state of MN or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of MN.
- Sponsor: Phillips Distilling Company 500 S Washington Ave, Minneapolis, MN 55415