DIPLOMÁTICO RUM

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Michael Symon Contest

Cooking and Cocktails with Chef Michael Symon and Diplomático Contest

OFFICIAL RULES

 

This Contest is intended for legal residents, 21 or older, of the United States (excluding Utah and Rhode Island) and the District of Columbia only. Void where prohibited. Do not enter this Contest if you are not eligible and are not located in the United States at the time of entry.

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

 

The Cooking and Cocktails with Michael Symon and Diplomático Contest (the “Contest”) will commence at 12:00:00 AM Eastern Time (“ET”) on May 20, 2021 (“Start Date”) and end at 11:59:59 PM ET on September 30, 2021 (“End Date”). The period between the Start Date and End Date will be referred to as the (“Contest Period”).

 

  1. SPONSOR/ADMINISTRATOR. The Contest is sponsored by Destilerias Unidas S.A., 3650 NW 82nd Avenue, Doral, FL (“Sponsor”). The Contest is administered by MWW Group LLC, 1 Meadowlands Plaza, East Rutherford, New Jersey 07073 (“Administrator”), for Sponsor’s Diplomático brand (“Brand”).

 

  1. ELIGIBILITY REQUIREMENTS. The Contest is open to legal residents of the United States (excluding Utah and Rhode Island) and the District of Columbia who are 21 years of age or older. VOID IN UTAH, RHODE ISLAND, PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Directors, officers, employees, and agents of Sponsor, Administrator and any retail licensees, authorized licensees, wholesale licensees, distributors, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, or other legal entities or individuals associated with the development, administration, or fulfillment of this Contest, and the immediate families of such persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Contest. The Contest is subject to all applicable federal, state, and local laws, regulations, and ordinances.  

 

  1. TO ENTER.

To enter the Contest:

  1. Follow Diplomático Rum on Instagram and/or Facebook
  2. Share a public (viewable by everyone) social media post on Instagram, Facebook, or Twitter with the entrant’s (the “Entrant”) favorite way to enjoy Diplomático Rum, or how Diplomático Rum inspires or connects to Entrant’s personal passions or creative pursuits. Examples of “personal passions and creative pursuits” includes but is not limited to cooking, photography, fashion, design, music, or any creative endeavor or skill that someone devotes time to on a frequent basis.
  3. The public social media post must originate from Entrant’s social media account and be original content created by Entrant. Posts will be assessed based on three elements: creativity, inspiration, and passion.
    1. Post copy that briefly explains how Diplomático inspires or connects to Entrant’s personal passion—for example, did the Diplomático brand colors inspire a painting created by Entrant, or did the Diplomático bottle design inspire a sculpture created by Entrant? Another example could simply be a Diplomático cocktail that Entrant enjoys during or after a project is complete.
    2. An image or video that visually captures Entrant’s personal passion, such as an image of a completed project or a video of Entrant working on the project. Including Diplomático (a bottle, in a cocktail, etc.) in some fashion is welcome, but not required.
  4. Tag Diplomático Rum’s respective social media page on the respective channel (applicable for Instagram, Facebook, and Twitter) and also include hashtags #Contest and #TheHeartOfRum in the post caption. Both hashtags must be included.

 

 

All submissions must be received by 11:59:59 PM on September 30, 2021 to be eligible for entry into the Contest. Once Entrant has completed the foregoing, they will have earned one (1) entry (“Entry”) into the Contest.

 

To be eligible, your Entry must be in English. Your Entry must be received within the Contest Period. Both hashtags #Contest and #TheHeartOfRum must be included within the body of the post caption. Any post that provides an Entry that that is not visible to Sponsors or Administrator will not be entered into the Contest. Sponsors and/or Administrator are not responsible for lost, late, incomplete, tampered or damaged Entries or Entries that are lost or misdirected to any Junk folder or SPAM filter. All such Entries will be ineligible. Entries will not be acknowledged or returned.

 

It is Entrant’s sole responsibility to take any steps necessary to adjust their Facebook, Instagram or Twitter account settings to permit Entrant to receive messages from Sponsor. Entrant’s 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 from the applicable Entry Pool. 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 Facebook, Instagram, or email accounts provided upon registration, to administer and fulfill this Sweepstakes.

 

Limit: One (1) Entry per person regardless of method of entry (e.g., Facebook account, Instagram account, Twitter account) during the entire Contest Period. Any person who attempts to participate by using multiple cellular numbers, multiple email addresses, multiple identities, or by using any device or artifice to participate in violation of the terms stated in these Official Rules, may be disqualified by Administrator in its sole discretion.

Any use of robotic, repetitive, automatic, programmed or similar participation methods or agents will void such participation in the Contest. In the event of a dispute over who an Entry corresponds to, the authorized account subscriber of the cellular account used to enter the Contest or the authorized account subscriber or owner of the email address as of the actual time that such information was received by Administrator, will be deemed to be the entrant. The “authorized account subscriber” is defined as the natural person who is assigned the cellular telephone number or email address by the cellular telephone network associated with the cellular phone number or by the internet service provider associated with the email address used to enter the Contest.  Administrator may require an entrant to show proof of being the authorized account holder. Sponsor or Administrator are not responsible for cellular carrier or cell tower glitches or outages that result in the non-receipt of any entrant’s text-in Entry attempts. Sponsor or Administrator are not responsible for Entries that are garbled, corrupted, or otherwise unascertainable or incomprehensible. Entrants may be required to indicate their acceptance to the Official Rules where indicated at the time of Entry; provided, however, that any Entrant’s participation in the Contest constitutes, and is deemed, such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor and Administrator, which are final and binding in all respects. All Entrants agree to waive any right to claim ambiguity in the Contest and/or these Official Rules.

 

Entries will be deemed to have been submitted by the authorized email account holder. The authorized account holder is defined as the natural person who is assigned to an email address. You must enter using only an account registered in your name. The Potential Winner may be required to provide Sponsor or Administrator with proof that he/she is the authorized account holder of the account associated with the winning Entry. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entrants may not create or enter with multiple accounts. Any Entrant who attempts to enter with multiple accounts or under multiple identities will be disqualified and forfeits prize won, in Sponsor’s sole discretion. Entries not in compliance with these Official Rules may be disqualified in Sponsor’s sole discretion. Entries become the property of Sponsor, and Sponsor is permitted to use entry content on owned websites, social media, and in emails to consumers.

 

  1. CONTEST ENTRY CRITERIA. In addition to the above requirements, each Entry must meet the following content restrictions:
  • The Entry must be your original work, created solely by you and all rights owned solely by you, and must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement. By entering, you warrant that you have obtained permission from all individuals in the video or photo for use in this Contest;
  • The Entry must not contain sexually explicit content, violence or objectionable material that Sponsor or Administrator determines in its sole discretion is inappropriate, indecent, obscene, abusive, hateful, tortuous, defamatory, slanderous, libelous or offensive;
  • The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • The Entry must not contain material that is unlawful, in violation of or contrary to any applicable laws, rules or regulations. The Entry must not contain any personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Entry, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
  • The Entry must not contain any commercial content or logos for which the entrant does not have the rights to grant Sponsor’s unlimited use of the content.
  • The Entry may not have been previously published and must not have won previous awards.
  • Photos must be in .jpeg, .gif, or .png file format.
  • High-quality, clear photographs are strongly suggested.
  • The Entry must abide by, and entrant agrees to abide by, the Sponsor’s Terms of Use and Privacy Policy, as determined in Sponsor’s sole discretion. Link to each of these policies is located at: https://rondiplomatico.com/legal-terms-privacy-policy/

 

  1. CONTEST JUDGING. Entries received during the Contest Period will be judged by a panel of judges appointed by the Sponsor or Administrator according to the following procedures and criteria:
  • Originality and Creativity of the submitted video or photo 50%
    • The Administrator will compare the content of each submitted post in search of individuals with unique stories and inspired ideas and expressions of how their personal passion and/or creative pursuits connect back to the Diplomático brand.
  • Quality of the Submitted Entry 20%
    • The Administrator will judge the following quality aspects of each qualified post:
      • The quality of the photo or video in terms of styling, resolution, coloring, and technical execution.
      • The quality of the writing in the post copy, including grammar and creativity of language.
    • Appropriateness to theme 30%
      • The Administrator will judge whether and the extent that each entry touches on the majority of or all relevant themes: creativity, inspiration, and passion.

 

The 5 Entries with the highest scores will be deemed the 5 Potential Prize Winners. In the event of a tie, the tied Entries will be judged by an additional judge appointed by Sponsor or Administrator who will serve as a tie-breaker, using the same criteria as outlined above, to determine the Potential Winner.

 

  1. WINNER SELECTION AND NOTIFICATION.

 

Winner Selection:  There will be five (5) winners. Winners will be determined by Administrator on or about October 20, 2021 from among all eligible Entries. All decisions of Sponsor and Administrator are final and binding. All Entries are subject to verification, confirmation and compliance with the Official Rules. Odds of winning depend upon the number of eligible Entries received. Limit: 1 winner per household.

 

Winner Notification: Sponsor or Administrator will attempt to notify each potential winner (“Potential Winner”) via e-mail or phone on or about October 20, 2021. Potential Winner must respond within two (2) days of notification attempt.  Failure to respond to notification as directed within the stated time will result in forfeiture of the prize. Awarding of any prize is subject to verification of Potential Winner’s eligibility and full compliance with these Official Rules. The Potential Winner will be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release Form (“Affidavit and Release”) within two (2) days of receiving the Affidavit and Release from Sponsor or Administrator. Failure to return the signed Affidavit and Release within two (2) days following the date of delivery thereof may result in forfeiture of the prize. If any Potential Winner cannot be contacted as specified above, or if Potential Winner fails to return the signed Affidavit and Release by the deadline specified above, or if a Potential Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the Potential Winner will be disqualified and an alternate winner may, at Sponsor’s sole discretion, be selected in his/her place from among all remaining eligible Entries, time permitting.

 

  1. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be five (5) The Prize will consist of: One (1) personal invite to attend one (1) up to 60-minute virtual cooking and cocktail-making session with Chef Michael Symon, to be completed by December 31, 2021, and one (1) $750 VISA gift card. Total ARV for each prize is $900. Total ARV of all the prizes to be awarded in this Contest is $4,500. VISA is not associated with or a sponsor of this Sweepstakes. Gift cards are subject to the terms set by the issuer. Alcohol is not included as part of any Prize. All winners, including any winner participating in the virtual cooking and cocktail-making session, must be 21 or older. If any participant in the virtual cooking and cocktail-making session appears to be under the age of 21, the virtual cooking and cocktail-making session, may be terminated immediately. If any behavior is deemed inappropriate throughout any part of the virtual cooking and cocktail-making session, (including but not limited to, inappropriate conversation, language, or conduct, etc.), the virtual session may be terminated immediately and any such decision by the Administrator, Sponsor, or Michael Symon is in their sole discretion and final and binding. Prizes will be sent to address provided by winner after winner is verified and returns the completed Affidavit and Release. No PO boxes permitted.

 

Incidental expenses and all other costs and expenses which are not specifically listed as part of the prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the winner. If any part of the prize becomes unavailable for any reason, Sponsor will not be responsible to award that part of the prize. Winner is solely responsible for any and all applicable fees and taxes associated with receipt and use of the prize. PRIZE IS AWARDED “AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. Prize is nonassignable, nonsubstitutable, and nontransferable. Notwithstanding the foregoing, Sponsor may, at its sole discretion, substitute cash or a prize of equal or greater monetary value. The Grand Prize winner will receive an IRS Form 1099-MISC for the ARV of the prize.

 

  1. If for any reason this Contest cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, terminate, suspend, or modify the Contest. In such event, Sponsor, at its discretion, may select winner from the eligible, non-suspect Entries fulfilling the applicable eligibility requirements prior to the event requiring termination, cancellation or suspension of this Contest.

 

  1. LICENSE TO ENTRY. Except where prohibited, by submitting an Entry, you irrevocably grant Sponsor and its designated agents the royalty-free right throughout the world in perpetuity to use, re-use, copy, publish, copyright, republish in whole or in part, edit, add to, modify, and rearrange the Entry in whatever media now known or hereafter developed, for use in the advertising and promotion of Sponsor and Sponsor’s products without further permission, approval, consideration or payment to you, except where prohibited by law. You agree to sign any document requested by Sponsor to further confirm this license.

 

  1. LIMITATIONS OF LIABILITY AND RELEASES. No liability or responsibility is assumed by Sponsor or Administrator from entrant’s participation in, or attempt to participate in, the Contest. Sponsor and the Administrator are not responsible for any typographical errors in the information provided by entrants, or in the announcement of prizes or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Contest and/or accepting any prize, each entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator, or their respective designated agents, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsor or Administrator, and further agrees that all prizes are awarded upon the condition that Sponsor, Administrator, Facebook, Instagram, Twitter and any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever, and each entrant agrees to release, indemnify and hold harmless the Released Parties for, any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession, use or misuse of any prize, or participation in this Contest or participation in any Contest-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Contest.

 

Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware or software failures of any kind, traffic congestion in any networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed transmissions, whether caused by Sponsor, Administrator, users, or by any of the equipment or programming associated with or utilized in the Contest, or by technical or human error which may occur and/or which may damage Sponsor or Administrator’s ability to receive or store Contest data, or which may damage an entrant’s system in connection with the selected method of entry, or which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the Contest.  In the event that any entrant’s Entry attempt is not successfully received by Sponsor or Administrator, that entrant’s sole remedy shall be to attempt to enter the Contest once again during the Contest Period.  Sponsor and Administrator reserve the right at its sole discretion, to disqualify any individual who tampers with the Contest, or the operation of the Contest, or who enters using any automatic or programmed entry duplication method, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Contest.

 

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

 

By accepting the prize, the winner agrees that Sponsor may use any and all such winners’ names, cities and/or states of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes relating to the Contest, in any media or format, whether now known or hereafter developed, including but not limited to the internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law. Should winner make any false statement in any document referenced herein, the winner will be required to promptly return to Sponsor the awarded prize(s) received.

 

  1. GOVERNING LAW & JURISDICTION. Except where prohibited, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, Sponsor, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the state of California without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Contest, or awarding of the prize, shall be filed only in the state courts with jurisdiction over Stanislaus County, California or in federal courts in the Eastern District of California, and the entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

  1. NO TWITTER/FACEBOOK/INSTAGRAM/YOUTUBE/ZOOM/APPLE/GOOGLE ASSOCIATION. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Facebook, Instagram, Zoom, Apple, Google or YouTube. You understand that you are providing your information to Sponsor, not to Twitter, Facebook, Instagram, Zoom, Apple, Google or YouTube. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Twitter, Facebook, Instagram, Zoom, Apple, Google, or YouTube.

 

  1. Sponsor and authorized agents will collect, use, and disclose the personal information you provide when you enter the Contest solely for the purposes of administering the Contest and fulfilling the prize, and by entering this Contest you consent to the collection, use, disclosure and management of your personal information for said purposes. All personal information that Entrant’s submit will be subject to Sponsor privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsors’ complete online privacy policy please visit https://rondiplomatico.com/legal-terms-privacy-policy.

 

  1. WINNERS LIST/OFFICIAL RULES. For confirmation of the winners’ names (first initial, last name) and city of residence, or for a copy of these official rules, send an email to diplomatico@mww.com (email must be received by October 31, 2021). Include the name of this Contest “Cooking and Cocktails with Michael Symon and Diplomático Contest” and specify either “Winners List” or “Official Rules” in the subject line. The Official Rules can also be found at https://www.rondiplomatico.com/MichaelSymonContest

 

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