The Licensed to Distill Digital Drinks Contest: SMOKED

 

OFFICIAL RULES

 

THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN.A PURCHASE OF VOLCAN TEQUILA OR ANY RELATED PRODUCT WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  BY USING AND ACCESSING THIS WEBSITE OPERATED BY LICENSED TO DISTILL (“LTD”) AND  ENTERING THE CONTEST, YOU ACCEPT AND AGREE TO BE BOUND BY TERMS AND CONDITIONS SET FORTH IN THIS LEGAL NOTICE AND BY ALL APPLICABLE LAWS THAT GOVERN THIS WEBSITE. YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, AND BY ENTERING THIS CONTEST YOU AGREE THAT THESE RULES CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND  LICENSED TO DISTILL  PLEASE  READ THESE RULES  CAREFULLY BEFORE ENTERING. ALCOHOL IS NOT A PART OF THE PRIZE.

 

1. CONTEST TIMING: 

The Licensed to Distill Digital Drinks Contest: SMOKED (the “Contest”) entry period begins Monday, November 1, 2021 at 12:00 pm. Pacific Time ("PST") and ends Sunday, December 5, 2021 at 11:59:59 p.m. PST (the “Entry Period”). No entries will be accepted as eligible for winning a prize if the submission is made before the Entry Period begins or after the Entry Period ends. The sole determinant time for the purposes of receipt of a valid entry for the Contest will be the Contest server machine(s) which reside in the Pacific Standard Time Zone in North America.

 

Five (5) Finalist Winners  (“Finalist Winners”) and the one (1) Grand Prize Winner (“Grand Prize Winner”) will be determined from all eligible entries receivedEntries will be considered to be eligible entries so long as they are made during the Entry Period and they are in compliance with these Official Rules (“Official Rules”).All entries are subject to verification and approval by LTD. LTD will determine in its sole discretion, what constitutes a valid entry.  

 

The Judges (as later defined in these Official Rules), will judge all eligible entries based on a predefined criteria, as later described in these Official Rules.

 

LTD’s database clock will be the timekeeper for the Contest.  Entry in the Contest does not constitute entry into any other contest or sweepstakes. 

 

2. ELIGIBILITY:

This contest is open to individuals who are legal residents and  physically located in one (1) of the contiguous (48) United States or the District of Columbia (who do not reside in  Utah, a U.S. Territories and Possessions and overseas Military Installations), who are age twenty-one (21) or older at the time of entry (“Entrant”). Only one entry per person will be accepted during the Entry period. LTD reserves the right to disqualify any Entrant who is deemed to have submitted more than one entry.

 

3. VOID FOR EMPLOYEES:

Void for Employees of Moet Hennessy USA, Inc, Licensed to Distill (and their immediate family including parents, children, siblings, and spouses of each and members of their household whether or not related) and  each of their respective parent companies, subsidiaries, distributors, divisions and  advertising and Contest agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”),  All eligibility is subject to all federal, state and local laws and regulations.. The Contest shall be void where prohibited or restricted by law.

 

4. HOW TO ENTER: 

  1. Create a cocktail using Volcan Tequila as the base spirit and incorporate the element of smoke in some way. Post a photo, series of photos (carousel), or video of the cocktail on Instagram, including the recipe and insight into what role smoke plays in the cocktail.
  2. All valid entries must Include #digitaldrinkscontest in the post and tag Instagram accounts @volcantequila and @licensed_to_distill.
  3. An eligible entry must comply with these Official Rules.

Once the Instagram post is made,  the entry will be reviewed for compliance as an  eligible entry. LTD is  not responsible for the visibility of the content posted to social media by Entrants. This is in the purview of the social networks being used by Entrants and therefore, LTD  can make no guarantee that each post will be seen by the Judges. Any individual who tampers with the entry process will be disqualified from the Contest. 

 

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF  LTD’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT LTD’S DISCRETION. Submission of an entry grants the LTD and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to Entrant. All entries become the property of LTD. 


             Prohibited Content:

Entries must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity. 

 

Entry submissions may not contain, as determined by  LTD, in its sole discretion, any material or content that:

  1. a) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; 
  2. b) promotes alcohol irresponsibly, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; 
  3. c) includes obscene or offensive messages; endorsement of any form of hate or hate group; duplication of any other submission; 
  4. d) promotes terrorist acts, such as providing instructions on how assemble bombs, grenades and other such weapons or providing instructional information about illegal activities;
  5. e) defames, misrepresents or contains disparaging remarks about LTD, its customers or products or other people or companies;
  6. f) includes personal identification, such as personal names or e-mail addresses; 
  7. g) includes messages or images inconsistent with the positive images and/or good will to which  LTD wishes to associate; 
  8. h) infringes the rights of any third party; and/or
  9. i) violates any law;

Entrant’s Representations: By entering the Contest Entrants represent and warrant that (a) the submission is Entrant’s original work product and does not infringe the rights of any third party, (b) publication of the submission via various media will not infringe the rights of any third party and (c) the submission has not been previously published in any medium.  Each Entrant will indemnify and hold harmless Moet Hennessy USA, Inc. on behalf of Volcan tequila (“Sponsor”)  and other Released Parties (defined below) from any claims to the contrary. 


General Entry Notes: Once any entry is posted (submitted), Entrant cannot edit (revise) such entry in any way. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to LTD’s satisfaction, the affected entry will be deemed ineligible. 

 

5. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS OF WINNING:

Entrants will be eligible to win:  A Volcan Smoke Top, GoPro, and selection of Licensed to Distill branded merchandise (Finalist Prize Pack) The total dollar value of the Finalist Prize Pack is approximately one thousand dollars ($1,000 value) Five (5) Finalist Prize Packs will be awarded by December 10, 2021.  One Entrant will win a professionally edited video using the raw video clips provided by the Entrant during the Finals. This video will be shared on LTD’s Instagram and YouTube Channels to be posted by January 15, 2022. (Grand Prize Pack). The total dollar amount of the Grand Prize Pack is three thousand dollars ($3,000). 

 

All prizes must be accepted as awarded. LTD reserves the right to substitute a prize of equal value in the event of unavailability (for whatever reason) of the advertised prize.The Prize is non-assignable and non-transferable and is not redeemable for cash, except at the sole discretion of LTD as set forth herein.

 

The winner is responsible for all applicable federal, state, local sales and income taxes and any costs, expense(s) or fees whatsoever in connection with the Prize. The winner will receive an IRS form 1099 issued in the winner’s name if required by law. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).  

 

ALCOHOL WILL NOT BE PART OF THE PRIZE.

 

6. JUDGING CRITERIA:

The judging panel will consist of three representatives of Licensed to Distill, one head videographer, the CEO, and one consulting trade professional (the “Judges”).

 

The Judges will judge each eligible entry based on the following equally weighted criteria to determine  five finalists who will compete for the  Grand Prize Pack The four finalists who do not win the Grand Prize Pack, will each win a Finalist Prize Pack.

  • Adherence to these Official Rules - How closely did the Entrant follow the rules provided in the Official Rules
  • Creativity of idea - How differentiating is e Entrant’s idea vs other similar eligible entries submitted . How the element of smoke is used in the cocktail.
  •  Quality of content - How visually and descriptively appealing is the photo/video and description. 

Each of the Judges will identify their preferred entry through the criteria above, picking the finalists and winner through a majority selection rule agreed upon between the three  Judges. 

 

Contest Finalists will be announced on December 5, 2021

 

7. FINALIST COMPETITION:

LTD will notify five finalists  via direct message To verify Entrants,  LTD will request confirmation of the five finalists’  name and mailing address. The five finalists are subject to verification. The five finalists will, be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release and W-9 tax payer request for identification, within four (4) calendar days of  LTD’s first attempted notification.

 

If a potential finalist fails to respond to LTD’s notification attempt within four (4) calendar days, or if LTD’s attempted notification or if a potential finalist fails to complete and return any required affidavit or release within the specified time period, the potential finalist  r may be disqualified and and alternative finalist will be named. The alternative finalist will be named from the next entry with the greatest Judge’s score. Each of the five finalists will receive a Finalist Prize Pack. (If a prize delivery is returned as undeliverable the finalist may be disqualified and an alternative finalist will be named from the next entry with the greatest Judge’s score.)

 

Once five finalists are named and verified (and receive the Finalist Prize Packs), those five finalists will compete for the Grand Prize Pack as follows (“Finalist Rules”)

  1. Create a second Volcan Tequila cocktail, this time using the provided Volcan Smoke Top.
  2. Use the GoPro (provided in the Finalist Prize Pack to capture raw video clips of the cocktail making process and the completed cocktail.
  3. The total footage of the video clips submitted may not exceed 20 minutes in length (regardless of the number of videos submitted.) All video clips must be submitted at the same time. Video content may not be edited in any way.

    8. JUDGING CRITERIA FOR FINALISTS/GRAND PRIZE WINNER:

      The judging panel will consist of three representatives of Licensed to Distill, one head videographer, the CEO, and one consulting trade professional (the “Judges”).

       

      The Judges will judge each eligible entry based on the following equally weighted criteria to determine winner of the five finalists Finalist Prize Packs and ) one who will compete for the  Grand Prize Pack Winner The four finalists who do not win the Grand Prize Pack, will each win a Finalist Prize Pack.:

      • Adherence to the Finalist Rules - How closely did the finalist follow the Finalist Rules.
      • Creativity of idea - How differentiating is finalist’s raw video vs other similar eligible finalist submissions submitted . How the element of smoke is used in the video clips.
      •  Quality of content - How visually and descriptively appealing is the video and storytelling using the video. 

      Each of the Judges will identify their preferred finalist through the criteria above, picking the Grand Prize Winner  through a majority selection rule agreed upon between the three Judges. 

       

      The Grand Prize Winner who will be announced on or before January 15, 2020. 


      GRAND PRIZE WINNER NOTIFICATION

      LTD will notify the Grand Prize Winner via direct message.  To verify Entrants,  LTD will request confirmation of the Grand Prize Winners name and mailing address. The Grand Prize Winner is subject to verification. The Grand Prize Winner will, be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release and W-9 tax payer request for identification, within four (4) calendar days of  LTD’s first attempted notification.


      If a potential Grand Prize Winner  fails to respond to  LTD’s  notification attempt within four (4) calendar days, or if LTD’s attempted notification (or prize delivery is returned as undeliverable, or if the Grand Prize Winner fails to complete and return any required affidavit or release within the specified time period, Grand Prize Winner may be disqualified and an alternate winner will be named.)  The alternative Grand Prize Winner will be the next entry with the greatest Judge’s score.  Upon verification and designation of the Grand Prize Winner, the Grand Prize Winner will receive a Grand Prize Pack.

       

      9. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS:

      Submitting an Entry constitutes permission for the Contest Entities to use Entrant’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "  Entrant Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Entrant Attributes. All information regarding Entrants collected by  LTD and/or their agents and contractors will be treated in accordance with their privacy policies. Please review LTD's privacy policy here. Any information that Entrants share with LTD may be used (and disclosed to third parties) by LTD for purposes of administration of the Contest and to communicate with the Entrant in relation to the Contest. 

       

      Submission of an entry grants  LTD and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant's consent to irrevocably assign and transfer to LTD any and all rights, title and interest in the entry, including, without limitation, all copyrights and all intellectual property rights. 

       

      In addition, depending on the nature of the Prize awarded, the finalists and winner may be required to sign additional liability waivers, in order to receive the Prize, at LTD’s sole discretion. 

       

      10. DISQUALIFICATION: 

      ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, LTD RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.  LTD reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event 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.

       

      11. LIMITATION OF LIABILITY: 

      • (a) By entering this Contest, all Entrants release the Sponsor, LTD, all respective parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors and assigns (the “Released Parties”) from all liability for any claims, injuries, losses or  damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or Entrant’s acceptance, possession,  receipt, use or misuse of anyPrize awarded in the Contest.  
      • (b) LTD is not responsible for problems accessing any Contest -related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by LTD on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Contest.
      • (c) None of the Released Parties shall be held responsible for, and Entrant hereby  releases the Released Parties from any claims arising from or in any way relating to: (i) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or technical failures of any kind, including but not limited to (i) unauthorized human intervention in any part of the entry process or the Contest; (ii) (vi) use of any prize and (iii) the judging process including the outcome of the Contest.


        12. MODIFICATION /FORCE MAJEURE:

        In the event (a) an insufficient number of Eligible Entries are received,  (b) a virus, bug, or Entrant fraud or misconduct affect or corrupt the administration, integrity, security or proper operation of the Contest, (c) LTD deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms, or (d) LTD is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond his control, including but not limited to, fire, flood, natural or man-made epidemic of health of 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 (e.g. SARS), pandemic, order of any court or jurisdiction, or other cause not reasonably within LTD’s control, then LTD shall have the right to modify, suspend, or terminate the Contest.

         

        13. DISPUTES:

        Except where prohibited, Entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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 (4) Entrant waives all right to trial by jury. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and LTD in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules. By entering the Contest, Entrants consent to the jurisdiction and Venue in the County of Orange, State of California. 

         

        The use of any Prize manufacturer, name, celebrity name, or trademark in connection with any of the prizes is solely for the purpose of describing such Prize and is not intended to suggest any affiliation or sponsorship.

         

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