NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state and local laws. Contest begins on July 15, 2015 at 12:00:01 AM Eastern Time ("ET") and ends on November 15, 2015 at 11:59:59 PM ET (the "Contest Period"). Voting begins on July 15, 2015 at 12:00:01 AM ET and ends on November 29, 2015 at 11:59:59 PM ET (the "Voting Period"). Administrator's computer is the official time keeping device for this Contest.
1. Eligibility: The Modelo Especial Real Authentic Craftsmen Contest ("Contest") is open to legal residents of the fifty (50) United States (including the District of Columbia) who, as of date of entry, are at least twenty-one (21) years of age or older. Employees, officers, and directors of Crown Imports LLC ("Sponsor"), Votigo Inc. ("Administrator"), and any of their respective parents, affiliates, subsidiaries, distributors or retailers of alcohol beverage products, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether or not related) are not eligible to enter or win. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor/Administrator: The Sponsor is Crown Imports LLC, 1 South Dearborn Street, Suite 1700, Chicago, IL 60603. The Administrator is Votigo, Inc., 251 Lafayette Circle, Suite 330, Lafayette, CA 94549.
3. How to Enter the Contest: You may take your own 2016 Modelo Especial glassware set design photo ("photo") image or if at a Sponsor event, take a photo of your drawn creation from the template provided ("photo"). There are three (3) ways to enter your photo, as follows
To enter via the Website, visit DesignTheEspecial.com (the "Website") and complete all required fields of the onscreen registration form including uploading your photo with a photo caption describing your design in 200 words or less ("entry") and agreeing to these Official Rules to receive one (1) entry into the Contest. If entering via the Website, alternatively, you may use the design tool provided to complete your entry.
To enter via Twitter, tweet on Twitter your photo to receive one (1) entry into the Contest. The Tweet must include the photo, #DesignTheEspecialContest and a description of your design idea within the entry ("Tweet" or "entry"). Tweets must be 140 characters or less. You must have a public Twitter account to enter. If you do not have a Twitter account, and you would like to create one for free, visit www.Twitter.com. Including #DesignTheEspecialContest in a Tweet during the Contest Period constitutes your agreement to these Official Rules.
To enter via Instagram, upload your photo including #DesignTheEspecialContest and a description of your design idea within the photo caption ("entry") to receive one (1) entry into the Contest. Captions must be 200 words or less. You must have a public Instagram account to enter. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app at the Apple® App Store, Windows Marketplace, or the Google® Play store. Including #DesignTheEspecialContest in the photo caption during the Contest Period constitutes your agreement to these Official Rules.
No information regarding entries, other than as otherwise set forth in these Official Rules, will be disclosed. Entries must be received during the Contest Period. Limit three (3) entries per person, regardless of method of entry. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply.
Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address or the email address associated with the Twitter account/Instagram used to enter will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Entries must be unique. Photo entries must be in a format that can be uploaded to the Website, Twitter, and/or Instagram. Photo entries must be uploaded/tweeted/posted in accordance with the Twitter Terms of Service and/or Instagram Terms of Service, if applicable. All entries must comply with the "Entry Requirements" set forth below.
Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request. By entering, you understand that your entry will be screened by the Sponsor and may be posted online to the voting gallery on the Website, in Sponsor’s sole discretion, to be viewed by members of the general public for public voting during the Voting Period. By entering, each entrant warrants and represents that his/her entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest. No information regarding entries, other than as otherwise set forth in these Official Rules will be disclosed.
4. Determination of Winners: Within five (5) business days of submission, all entries will be reviewed by Sponsor’s editorial panel to make certain the content falls within the parameters under these Official Rules. If an entry meets the requirements and is approved by the Sponsor, all approved entries will be posted in the gallery on the Website, where members of the public who visit the site will be able to cast a vote for their favorite entry during the Voting Period. In order to vote, you must register with your email address and follow the on-screen instructions. Voters must be 21 years of age or older.
At the conclusion of the Voting Period, on or about November 30, 2015, all approved entries will also be judged by a Sponsor-selected panel of judges based on the following judging criteria: Originality and Creativity (33%); Quality of Entry (34%); and Marketability (33%). Sponsor will then combine their judging score (80%) and the score from the public vote (20%) for each entrant. The four (4) entries that receive the highest overall scores after combining the judging score with the public voting score will be deemed the Grand Prize winners. The next six (6) entries that receive the highest overall scores after combining the judging score with the public voting score will be deemed the First Prize winners. In the event of a tie, the four (4) entries that received the highest score from the judges will be deemed the Grand Prize winners. The next six (6) entries that receive the next highest score from the judges will be deemed the First Prize winners. Decisions of Administrator/Sponsor are final with respect to all matters relating to the Contest. Under no circumstance will information regarding judging be shared with entrants.
5. Winner Notification: If a potential winner entered via Twitter, he/she will be notified by direct message on Twitter and must respond to direct message within forty-eight (48) hours of notification attempt or prize will be forfeited and an alternate winner will be determined as indicated above, time permitting. If a potential winner entered via Instagram, he/she will be notified by comment or direct message on Instagram and must respond to comment/direct message within forty-eight (48) hours of notification attempt or prize will be forfeited and an alternate winner will be determined as indicated above, time permitting. If potential winner entered via the Website, he/she will be notified via email.
Potential winners will be sent via email a Liability & Publicity Release (where legal) and Assignment of Rights ("Release") and will be required to complete, sign and return Release via email/fax within five (5) days of being notified in order to claim his/her prize.
If a potential winner fails to return the required document within the required time period, or the prize notification is returned undeliverable, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected as outlined in section 4 from among all remaining eligible entries received. Prizes will be awarded provided a sufficient number of eligible entries are received throughout the Contest Period.
Potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE CONTEST. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete.
6. Prizes and Approximate Retail Values ("ARV"): Grand Prizes (4): The opportunity to have winner's entry serve as inspiration for 2016 Modelo glassware designs and a Modelo Prize Pack including: one (1) ladies tank top, one (1) mens tank top, one (1) ladies tee, one (1) mens tee, one (1) mens hat, one (1) crossbody bag, and one (1) Lomography Diana F+ Camera Kit. The ARV of each Grand Prize is $368.90. First Prizes (6): A Modelo Prize Pack including: one (1) ladies tank top, one (1) mens tank top, one (1) ladies tee, one (1) mens tee, one (1) mens hat, one (1) crossbody bag, and one (1) Lomography Diana F+ Camera Kit. The ARV of each First Prize is $368.90.
The total ARV of all prizes is $3,689.00. Limit one (1) prize per person/household.
Prize Restrictions: Sponsor has the sole discretion as to how the Grand Prize winner’s entry will be used as inspiration. Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize (or portion of a prize) becomes unavailable. Winners are responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize(s) not specifically stated herein are the sole responsibility of the prize winners. The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion and in the event of cancellation, the winners will be determined as outlined in section 4 above from among all eligible entries received prior to cancellation. Sponsor, Administrator, Twitter, Instagram, and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or 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; or (b) the winners will be determined as outlined in section 4 above from among all eligible entries received up to time of impairment.
8. Release and Limitations of Liability: By participating in this Contest, entrants agree that Sponsor, Administrator, The Container Store, and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING 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.
10. Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the entry and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the entry or any material based on or allegedly based on the entry, and the entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
11. Disputes: Except where prohibited, entrant agrees 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, and exclusively by the United States District Court for the District of Illinois or the appropriate State Court located in Illinois; (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; and (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
13. Winners List: For a list of winners available for thirty (30) days after December 31, 2015, visit DesignTheEspecial.com.
The Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. You understand that you are providing your information Crown Imports LLC and not to Twitter or Instagram. The information you provide will only be used in connection with this Contest or in connection with promotional or other activities of Crown Imports LLC.
Four grand prize winners will have the opportunity for their art entry to serve as the inspiration for the 2016 Modelo Especial glassware designs. The 4 grand prize winners will also receive a Modelo Especial prize pack including 1 Lomography Camera & Camera Kit and a Modelo Especial swag gift pack. Six first place prize winners will receive 1 Lomography Camera & Camera Kit and a Modelo Especial swag gift pack.