The Journey of Luxury Contest

EL MAYOR TEQUILA “JOURNEY OF LUXURY” CONTEST

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

OFFERED ONLY TO INDIVIDUALS AGE 21 YEARS OR OLDER WHO RESIDE LEGALLY IN ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.

INTERNET ACCESS IS REQUIRED TO PARTICIPATE.

1. CONTEST DESCRIPTION: The El Mayor Tequila “Journey of Luxury” Contest (the “Contest”) sponsored by Luxco Inc. (the “Sponsor”) provides an opportunity for entrants to submit an original essay for the potential opportunity to win one of the Grand Prizes described in Section 7 below. Entries must adhere to all requirements set forth in these Official Rules. Entrants are prohibited from using artificial intelligence or generative AI to create any part of their entry, as further detailed in Section 4. Entries must not contain any third-party brand names, as determined by Sponsor in its sole discretion. The Contest begins at 9:00 AM Central Time (“CT”) on April 1, 2024, and ends at 11:59 PM CT on September 30, 2024 (the “Entry Period”), however, Sponsor reserves the right to extend the Entry Period and/or change the timing of the subsequent dates as deemed necessary in their sole opinion. If such changes are made, the new timing will be noted at the Contest website www.elmayor.com/JourneyOfLuxury and in these Official Rules.
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and the District of Columbia (the “Eligibility Area”) who are age 21 years or older. Employees, officers, and directors of Sponsor, alcohol beverage vendors, licensed alcohol beverage distributors and retailers, or any of the respective parent companies, affiliates, or subsidiaries of the foregoing, or any company or individual involved with the design, production, execution or distribution of the Contest (“Prohibited Entrants”), as well as members of Prohibited Entrants’ immediate families (parents, step-parents, children, step-children, siblings, step-siblings and spouses) and households (people who share the same residence at least three (3) months out of the year) are not eligible to participate in the Contest. Further, members of commercial talent unions, including without limitation, the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTRA), are also not eligible to enter or win. Void outside the Eligibility Area and where prohibited or restricted by law. Sponsor’s determinations of eligibility are final and may be made at any time.
3. CONTEST AGREEMENT: BY PARTICIPATING IN THE CONTEST, EACH ENTRANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY SPONSOR AND ITS DESIGNEES, AND BY THE DECISIONS OF SPONSOR AND ITS DESIGNEES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS CONTEST; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES AS FURTHER DETAILED IN SECTION 9; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER: The “Contest Prompt” is as follows: Build your perfect luxury vacation with these four things: One destination. One activity. One Cocktail. One person to spend it with. Then, tell us why you chose these specific things. To enter, visit www.elmayor.com/JourneyOfLuxury (the “Website”) during the Entry Period and follow the Website’s instructions to provide the requested entry information along with an original essay of 250 characters or less which answers the Contest Prompt, and submit your entry so it is received by Sponsor’s server no later than 11:59 PM CT on September 30, 2024. Your entry must be written in English. Limit (1) entry per person. The same entry may only be entered in the Contest once. Entries submitted in excess of stated limits will be void. Entries and other submitted material become the property of Sponsor and will not be returned. Do NOT include the name/trade dress/slogan of any alcohol beverage wholesaler or retailer, nor of any brand (except that the El Mayor brand logo is permissible as described below). Entrants are prohibited from using any form of artificial intelligence, generative AI, or other third-party content assistance in the process of creating a Contest entry. Entries which violate this prohibition will be void, and the applicable entrant may be disqualified, all as determined by Sponsor or its designee in their sole and absolute discretion. See Section 5 below for important additional requirements for your entry. Should Sponsor determine that an entry is in violation of these Official Rules or any other applicable terms, Sponsor reserves the right to disqualify the associated participant, and/or to take other actions it deems necessary, all in Sponsor’s sole discretion.
   Completing the entry form also constitutes your willful agreement to opt-in to Sponsor’s email marketing list. You may opt-out of Sponsor’s email marketing list at any time, by using the “unsubscribe” link which will appear within any of Sponsor’s email marketing messages. If you decide to opt-out, this will not affect your ability to enter the Contest or the scoring of your entry in the Contest.
   Sponsor is under no obligation to correspond about entries, nor is Sponsor required to acknowledge its receipt of entries. Proof of submission of entry does not constitute proof of receipt of entry. Use of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by a person to use multiple email accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of the judges or Sponsor. Multiple entrants are not permitted to share the same email account. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. Potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further agree that by providing your mobile phone as part of your participation information, you are consenting to Sponsor or its designee contacting you via a live call or text message to your mobile phone if you are a potential winner, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment, application, and internet access charges, if any. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email or postal address during the Contest.
5. ADDITIONAL ENTRY REQUIREMENTS: No purchase or consumption of beverage alcohol is required to participate, nor will purchase or consumption of beverage alcohol increase your chances of winning a prize. Any elements that appear in an entry must not: (i) describe or allude to underage consumption of alcoholic beverages, nor name any person who is under the age of 21; (ii) depict or describe persons consuming alcoholic beverages rapidly, excessively, involuntarily, as part of a drinking game or as a result of a dare; (iii) depict or describe persons conducting themselves in an inappropriate manner; (iv) depict or describe the overconsumption of alcohol; (v) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination; (vi) be sexually explicit, pornographic, profane, violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, (vii) depict any materially dangerous activity; (viii) promote the illegal use of alcohol, drugs, tobacco, or firearms/weapons; or (ix) promote any particular political agenda or message.
   Any elements that appear in an entry, including, without limitation, brand names, logos, or images, must be either:  (1) entirely original, created by the entrant; (2) property of the Sponsor (the “Provided Materials”); or (3) in the public domain. Sponsor grants to entrants a limited revocable, non-sub-licensable license to use the Provided Materials for the sole purpose of creating an entry, if an entrant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect an entrant’s chances of winning. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
   Use of any prohibited elements in an entry may result in disqualification of the applicable entry, in the Sponsor’s sole discretion. Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not violate or encourage the violation of any law, rule or regulation. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased (including, but not limited to, celebrities or celebrity look-alikes), or otherwise infringe upon a person’s personal or proprietary rights. Entries that do not include all required information, and/or do not adhere to the foregoing and following requirements, and/or are deemed to be immoral, obscene, profane or not in keeping with Sponsor’s image (all as determined by Sponsor in its sole discretion) may be considered void in Sponsor’s sole discretion. Sponsor reserves the right, but not the obligation, to review any entry for violation of these Official Rules at any time.
   By participating in the Contest, you represent and warrant that:  (a) you are the creator of your entry; (b) your entry is wholly original (apart from any allowable public domain elements or elements owned by Sponsor); (c) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (d) your entry has not previously been entered in any other promotion or contest; and (e) you own all rights to your entry (including, without limitation, the copyrights contained therein, and excluding any allowable public domain elements or the Provided Materials).
   By participating in the Contest, you further represent and warrant that:  (a) you have obtained written permission from each person whose name or likeness is included in the entry; (b) such persons are age 21 or older; (c) you can and will give written copies of such permissions to the Sponsor upon request along with proof of age for any such person; and (e) you understand that such documents may be required in order to be deemed a winner. Failure to provide said proof may result in disqualification of the entry from the Contest. Sponsor’s determination as to whether any entry potentially violates the rights of any third party is final. Submitting an entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
   By participating in the Contest, you grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post any entries selected in its sole discretion on a social media website or on Sponsor’s own website. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined in Section 9 below), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
   Further, by participating, you:  (a) agree to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not any particular entry is selected for any prize; (b) acknowledge that the material that will be submitted as part of the Contest may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties (as defined below in Section 9) and hereby acknowledge that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that you will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in your entry; (c) hereby waive any right to any claim or liability with respect to the Released Parties’ use of similar materials; (d) acknowledge that, by acceptance of an entry, the Released Parties do not waive any rights to use similar or related ideas previously known to the Released Parties or developed by their respective employees, or obtained from sources other than you; and (e) understand that submitting any element that is copyrighted by another individual will result in you being responsible for any legal action the legal copyright holder might take against the Released Parties.
   By submitting an entry, you agree that: (a) your entry is gratuitous and made without restriction; (b) your entry will not place Sponsor under any obligation other than as stated in these Official Rules; (c) that Sponsor is free to publish or otherwise disclose the ideas contained in your entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
6. JUDGING/WINNER DETERMINATION: On or by approximately October 15, 2024, all eligible entries will be judged and scored by Sponsor’s designated judges using the following judging criteria: (a) Creativity (50% of total score); and (b) Appeal (50% of total score). The three (3) entries which receive the highest total score will each be deemed a Grand Prize-winning entry, pending verification of eligibility of the applicable entrant and their continued compliance with these Official Rules. If an insufficient number of qualified entries is received in the Contest, the Sponsor reserves the right in its sole and absolute discretion to award fewer winners than stated in these Official Rules. In the event of a tie at any level, the tie will be broken based on the highest Creativity score. The judges’ decisions are final and binding. Odds of winning depend on the skill of the entrants. Should Sponsor choose to allow the public to share their opinion of certain Contest entries via a voting or popularity mechanism of any kind, such activity will not affect the determination of the winners in any way.
7. PRIZE DESCRIPTION: Three (3) Grand Prizes will be made available, each comprised of a “Dream Trip” portion and an “Education Session” portion, as follows:
   The Dream Trip portion of each Grand Prize consists of a $5,000 budget with a professional travel agent (selected by Sponsor or its designee) to be used for a trip for winner and one (1) guest who is 21 years of age or older, plus a $500 Visa^® Gift Card. The budget must be used and the trip must be completed by October 31, 2025. Each winner must provide Sponsor with their proposed travel dates and destination no fewer than 60 days prior to the anticipated departure date. All travel arrangements must be made through the designated travel agent. Certain other restrictions may apply. A Grand Prize Winner and their guest must travel together on the same itinerary, and will be responsible for all necessary travel authorizations (including holding valid passports with required validity as dictated by if/as required). Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Travel agent reserves the right to structure travel route and trip length, and to select accommodations in their sole and absolute discretion. The winner will not receive cash or any other form of compensation if actual travel costs are less than the full budget ascribed to their prize. Released Parties shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotel operators, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Released Parties are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Prize winner and his/her guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Released Parties have not and will not obtain or provide travel insurance or any other form of insurance. Guest of winner must be at least twenty-one (21) years of age as of the date of departure. Travel guest must execute liability/publicity releases prior to issuance of travel documents. Once a travel guest is selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically booked by the travel agent under the provided budget, are not included as part of any prize package, and are solely the winner’s responsibility. These may include, but are not limited to: taxes, meals and beverages, additional ground transportation, travel insurance, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Winner or their guest may be required provide a major credit card issued in one of their names to cover room security and incidental expenses, if any. Transportation carrier and accommodation regulations and conditions apply. The total approximate retail value of the Dream Trip portion of each Grand Prize is $5,500.
   The Education Session portion of each Grand Prize consists of a virtual online education session for winner and one (1) guest with Fourth Generation Distiller and Brand Ambassador Grace Gonzalez, plus a $500 Visa^® Gift Card. Winner’s guest for the Education Session must be age 21 or older, and must be the same person who accompanied (or will accompany) the winner on the Dream Trip portion of the Grand Prize. The Education Session will be hosted by Sponsor or its designee on the online meeting platform of Sponsor’s choice. Sponsor will make reasonable efforts to accommodate an applicable winner/guest’s schedule when planning the Education Session; however, the final date and time of the Education Session will be determined by Sponsor or its designee in their sole discretion. For the avoidance of doubt, all winners and guests will attend the same Education Session together. The $500 Visa Gift Card portion of the Education Session will be provided to the winner after they (and their guest) successfully attend the Education Session. By participating in the Education Session, each winner and their guest: (a) hereby authorize Sponsor and its designees to photograph them, make video/audio recordings of them, and to use their voice, image, and likeness in any resulting negatives, prints, duplicates, images, depictions, recordings, videos, and any other types or reproduction (collectively, the “Education Session Footage”) in connection with Sponsor’s promotional and marketing activities without additional compensation; and (b) consent to and authorize Sponsor, its affiliated companies and licensees, agents, affiliates, successors, and assigns to use and publish worldwide, without any limitation, the Education Session Footage, as well as my name, portrait, image, likeness, voice, biographical information, and my statements about Sponsor and its products/promotions, in any media and in any manner in connection with Sponsor’s promotional or marketing activities without additional compensation (except where prohibited). Each winner and their guest are responsible for providing their own space, computer equipment, and internet connectivity in order to participate in the Education Session. Sponsor is not responsible for problems with internet connectivity, computers, or other equipment. The approximate retail value of the Education Session portion of the Grand Prize is $500.
   The total approximate retail value of each Grand Prize is $6,000. Limit one (1) Grand Prize per person/household. Under no circumstances will alcohol beverages be provided as part of a prize.
   In the event a prize winner (and/or their guest) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the prize trip or Education Session early.
   See Section 8 below for winner notification details and additional prize restrictions.
8. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The name and/or entry of a potential winner may be announced online prior to verification; however, any such announcement is not a guarantee of eligibility. Potential winners will be notified on or about October 16, 2024, by Sponsor or its designee, via email at the email address associated with the potential winner’s entry. A potential winner may also be notified by Sponsor or its designee via phone or text message at the phone number associated with the potential winner’s entry, to alert the potential winner to (and/or confirm the potential winner’s receipt of) the email notification. The email notification will include an affidavit of eligibility, a liability release, a copyright assignment, a publicity release (where legal), any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry, and an IRS W-9 form. All requested information and properly completed documents must be returned in accordance with the instructions included in the email notification, within three (3) business days after the time that the notification email was sent, or the potential winner may be disqualified. Proof of identity, age, and legal residence (in the form of a copy of government-issued photo identification) may be required to claim a prize. Additionally, the Sponsor reserves the right to request, from any entrant and at any time, an edited version of an entry, where such edits are deemed necessary but do not to materially improve the quality of the entry, all as determined by the Sponsor, to be returned within 48 hours from the time of request by Sponsor or Sponsor’s designee. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification.
   Any winner or potential winner may be disqualified in Sponsor’s sole discretion if:  (a) they fail to reply or to provide any required information or properly completed documents or requested materials within the required time period; (b) they fail to comply with any of the terms of these Official Rules; or (c) the applicable prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing personal information, prize claim information, postal address, email address or phone number associated with an entry/prize claim, or for any change of address, email, or phone number of a participant.
   No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of equal or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state, and local taxes, and any incremental income taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and each winner is advised to seek counsel regarding any tax liabilities associated with their prize. Sponsor reserves the right to withhold any portion of a prize deemed necessary for compliance with tax withholding requirements, and to forward such portion to the applicable taxing authority on behalf of a prize recipient. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize (or any substitution prize) will not be awarded. Under no circumstances will Sponsor award more prizes than are listed in these Official Rules.
9. RELEASE, INDEMNIFICATION AND LIMITATIONS OF LIABILITY: By participating in the Contest or any related prize, participants agree to release and hold harmless Sponsor, Meta Platforms, Inc. or any other social media platform used to promote the Contest, any alcohol beverage vendors, any licensed alcohol beverage distributors and retailers, Administrator, any other company or individual involved with the design, production, execution or distribution of the Contest, and any of the respective parent companies, affiliates, or subsidiaries of the foregoing, together with the respective officers, directors, shareholders, employees, agents, and assigns of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, expenses, costs (including reasonable attorneys’ fees), claims, liabilities (including settlements) and actions due to or arising out of harm or injury caused by any third party or by participation in the Contest, including, but not limited to: (a) unauthorized human intervention in the Contest, including the actions of you, other participants or other individuals in connection with the Contest, such as your, other participants’ or other individuals’ attempts to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest; (b) incomplete, lost, late, misdirected, damaged, garbled, or illegible entries; (c) any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software, server or any combination thereof, including but not limited to any injury or damage to your or any other person’s computer or other equipment related to or resulting from participation in the Contest; (d) printing errors or any errors made in the advertisement of the Contest; (e) errors in the administration of the Contest or the processing of entries; (f) changes to social media platform policies and procedures that may interfere with the operation of the Contest; (g) content filtering or any malfunction/error/failure which may impact the accessibility of a Promotional Post, entries, or the transmission or receipt of winner verification notices (or other communications with winners); (h) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the participants; or (i) death, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or the receipt, use, misuse, or possession of any prize.
   Further, by participating, each participant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of such participant’s entry, or such participant’s conduct in participating in or otherwise in connection with their participation in this Contest, including but not limited to:  claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
   UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE CONTEST OR ANY PRIZE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. BY PARTICIPATING IN THE CONTEST, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
   By participating in the Contest, participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of his/her entry, or his/her conduct in creating an entry, or otherwise in connection with his/her participation in this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
11. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, or illegible entries; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to entrant’s or any other person’s computer, mobile device or other equipment related to or resulting from participation in the Contest. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Contest, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Contest, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. In the event of any conflict between any Contest details contained in these Official Rules and Contest details contained in any Contest advertising materials, the details of the Contest as set forth in these Official Rules shall prevail. If, for any reason, the Contest (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, disease, pandemic, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; (b) award the prize(s) from among the applicable eligible entries received up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. You are not a winner until your entry has been verified and you have complied with 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. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute discretion. By participating in this Contest, participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Contest, including its administration. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including within these Official Rules.
12. CONDUCT: Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Contest or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Contest or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive or unsportsmanlike manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
13. PUBLICITY: By participating in the Contest, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), social media handle(s), voice, biographical information, entry, written or oral statements about the Contest or Sponsor’s products, and if a winner, any Education Session Footage (collectively, the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
14. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Contest you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over St. Louis, Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive 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; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ANY WEBSITE AND ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
15. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
16. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Contest, entrants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries for all purposes related to the Contest (including, without limitation, processing and administering entries, sharing an entrant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Contest, communicating with and awarding prizes to winner[s], making public announcements about winner[s], and advertising, promoting and publicizing the Contest), as well as in accordance with Sponsor’s Privacy Policy published at https://elmayor.com/privacy-policy-2/. Please review Sponsor’s Privacy Policy before submitting your entry. If you object to the above or anything stated in Sponsor’s Privacy Policy, you should not participate in the Contest.
17. WINNER LIST: For the first name, last initial, city and state of the winners, mail a self-addressed, stamped envelope to be received by December 31, 2024 to: El Mayor Tequila “Journey of Luxury” Contest – Winner List Request, PO Box 750, Southbury, CT 06488-0750. Winners may also be announced on the Sponsor’s website and/or social media accounts, at Sponsor’s sole discretion.

SPONSOR:  Luxco Inc., 540 Maryville Centre Drive, Suite 300, Saint Louis, MO 63141

Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest. By participating in the Contest, you hereby acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc. or any other social media platform used to promote the Contest. You understand that you are providing your information to Sponsor, not to Meta Platforms, Inc. or any other social media platform used to promote the Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Meta Platforms, Inc. or any other social media platform used to promote the Contest.

PLEASE ENJOY RESPONSIBLY.
©2024 El Mayor^® Tequila, 40% Alc/Vol (80 Proof). Imported from Mexico exclusively by Luxco^®, St. Louis, MO.