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Terms & Conditions of Entry in the “$500 Tribeca Spirits Gift Card Black Friday” Contest

 

“$500 Tribeca Spirits Gift Card Black Friday” Contest
Terms and Conditions of Entry
  1. Information on how to enter and the prize set out in all communication regarding the QUI Tequila ‘$500 Tribeca Spirits Gift Card Black Friday’ contest (the “Contest”) form part of these Terms and Conditions. Participation in this Contest is deemed acceptance of these Terms and Conditions. Any entry not complying with these Conditions of Entry is invalid. Entry into this Contest and the acceptance or receipt of a prize by any person is deemed as acceptance of these Conditions of Entry.
  2. The Promoter is: Ahwak, LLC whose registered office is at 32 Avenue of the Americas, New York, NY 10013, (the “Promoter”).
  3. The competition commences on 11/27/20 at 00:01 EST and concludes on 12/1/2020 at 23:59 EST (the "Contest Period”). Entries must be received by the Promoter prior to the competition close date and time.
  4. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
  5. Entry into the Contest is only open to individuals who satisfy the following eligibility requirements (“Eligibility Requirements”):
  • The competition is open to all residents of the United States except employees and immediate families of the Promoter and their associated companies and agencies. Immediate family includes the following: spouse, ex-spouse, de-facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.
  • Entrants must be 21 years of age to enter
  1. To enter, individuals must satisfy the Eligibility Requirements and undertake the following steps during the Contest Period:
  • Answer an open question regarding cocktail preferences served on the checkout page.
  • The entrant must answer the question on the cart page to be entered, no answer means no entry.
  • The user must process payment via the cart page, completing a purchase via the Buy It Now function on the website that skips the cart page will result in no entry,
  • By entering an answer in the cart page the entrant agrees to their details including (but not limited to) full name, address, email address, mobile number, to complete their entry. This contest is also being shared across Facebook, and Instagram. The cost of accessing the Contest website will be dependent on the entrant’s individual Internet Service Provider.
  1. The Promoter reserves a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  2. The time of entry will in each case be the time the online entry is received by the Promoter, not at the time of transmission by the entrant.
  3. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  4. There is no entry fee to enter this contest.
  5. This contest is a skill-based promotion, and chance plays no part in determining the winner. Each entry will be individually judged, based upon individual merit in their merit quiz.
  1. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  2. For the purposes of these content requirements, “Entry Content” includes any content (including text, photos, videos) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
  • Any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
  • Any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
  • Any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
  1. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  1. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
  1. Each entrant warrants to the Promoter that each entry submitted does not infringe the rights of any third party.
  2. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Contest which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Contest and/or Promoter. This includes, but not limited to, entrants and households using multiple email addresses, postal addresses, or PO Box addresses to register.
  3. All entries become and remain the property of the promoter and agencies associated with this promotion.
  4. Entrants may only enter once. Only one prize will be awarded per household. Multiple entries from the same email will be disqualified.
  5. Individual prize value is up to $500 as at 11/26/2020. 1 winner will receive:
  • $500 Tribeca Spirits Gift Card
  • All valid until [June 30th 2020]. 
  1. The winning entry will win x1 prize outlined above. The winner will be chosen by representatives of the Promoter. Entries will be judged based on originality, creativity and humour.
  2. Prize cannot be gifted to other persons in lieu of the winner not being able to redeem it.
  3. Winners will be selected and notified in writing by email within thirty (30) working days of the conclusion of the competition.
  4. If the Promoter is unable to contact the winner within 30 days of the draw, and the Promoter has made every effort to contact them with the information provided by the entrant then the Promoter will award the prize to another qualified selected entrant.
  5. If for any reason a winner does not [take the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited by that winner and cash will not be awarded in lieu of their prize.
  1. If a winner of any prize is under the age of 21 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
  1. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  2. The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged for another item.
  3. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Contest (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  4. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
  5. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. (If an entrant under 21 years of age wins a prize than their parent or guardian must sign the legal release referred to in this clause on the minor’s behalf).
  6. The promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside of its control.
  7. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other Social Network.
  8. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Where possible, the Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  • They will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  • They will obtain prior consent from any person or property that appears in their Content;
  • They will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
  • Their Content shall not contain viruses or cause injury or harm to any person or entity; and
  • They will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  2. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant.
  3. All entries become the sole property of the Promoter. The Promotor collects entrants personal information ("PI") in order to conduct the Contest and contact the entrant (including but not limited to electronic means) regarding information on products or services that may be of benefit or interest to the entrant (for an indefinite period unless otherwise advised). Entry in the Contest is conditional on the provision of this personal information. The Promoter may communicate personal information to external providers and organisations to which it may outsource certain functions, such as agents, contractors and prize suppliers for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Promotors Privacy, which can be viewed at: https://quitequila.tribecaspirits.com/29527966/policies/privacy-policy.html also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the United States Privacy Principles or any other applicable law and how those complaints will be dealt with by emailing orders@tribecaspirits.com
  1. These Conditions of Entry shall be governed by the laws of the United States of America and each entrant agrees to submit to the jurisdiction of the United States of America.