1. Eligibility:The Discover Deep Ellum(the “Sweepstakes”) is open only to legal residents of the state(s) of Texas who are at least twenty-one (21) years old at the time of entry. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees or agents of Sponsor (as defined below), Advertiser (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption) persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c). Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Dallas Observer, 3800 Maple Ave # 355, Dallas, TX 75219. Advertiser: Constellation Brands, 131 S Dearborn St #1200, Chicago, IL 60603
3. Timing: The Sweepstakes begins onMay 6, 2018 at 12:01AMPacific Time (“CT”)and ends on June 6, 2018at 11:59 PM CT (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: There are two (2) ways to enter: a) post a photo of yourself in a participating account showcasing the promotional poster for the Discover DeepEllum sweepstakes on Instagram using the dedicated #DISCOVERDEEPELLUM.Entries must be submitted during the Promotion Period and received by 11:59 PM PT on June 6, 2018 to be eligible for inclusion in the random drawing; or(b)during the Promotion Period, eligible participants may post a photo to their personal Instagram account that shows the participant with and includes the dedicated hashtag #DISCOVERDEEPELLUM.Limit: One (1) Mail entry per eligible participant during the Promotion Period; one (1) entry per day via Instagram post. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified.In the event of a dispute as to any participation, the account holder of the Instagram account to enter or information submitted for online entry will be deemed to be the entrant. The potential winner may be required to show proof that he/she is the account holder. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in its sole discretion.
5. Random Drawings:Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will select the potential Sweepstakes winner(s)in a random drawing from all eligible entries received during the Promotion Period, on or around June 6, 2018. The potential winner(s) will be notified by email, phone or Instagram direct messageon or about the first business day following the random drawing in which they were selected. Each potential winner will be required to sign and return to Sponsor, within three (3) calendar daysof the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or the prize is returned as undeliverable, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate random drawings will be held after which the prize will remain un-awarded.
6. Prizes: TWO (2) GRAND PRIZES. The Grand Prize shall consist of two (2)Pacifico Beach Cruisers. Prizes details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize.The names of individuals, companies, products and/or logos are used for identification purposes only and are the intellectual property of their respective owners. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. Approximate Retail Value (“ARV”) of theGrand Prize: $250 total.Actual value may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize. In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The Sponsor reserves the right to cancel or postpone the Sweepstakes if the Sweepstakes becomes impossible or commercially unreasonable to administrate. Winner(s)are responsible for all taxes and fees associated with prize award, receipt and/or use. Failure to attend the party does not relieve winner of his/her tax obligations associated with acceptance of a prize. Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Total ARV of all prizes: $500. Limit one (1) prize per entrant.
7. Release: In exchange for the right to participate in the Sweepstakes, the winner(s) agree to release and hold harmless Sponsor, Advertiser, Instagram, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or useor misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.All entrants understand and agree that all rights under Section 1542 of the Civil Code of Texas (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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.
8.Publicity:Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Sweepstakes, each winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation. All entrants understand and agree that any recourse or claim for damages under Texas Civil Code §3344 (“Unauthorized commercial use of name, voice, signature, photograph or likeness”) is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.
9.General Conditions:Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Sweepstakes and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Sweepstakes or prize-related activity. Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or Advertiser; or (iv) otherwise violates the policies of the Advertiser or establishment at which the party is hosted; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
10.Limitations of Liability:The Released Parties are not responsible for: (a) 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect,or stolen entries; or (f) 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 Sweepstakes or receipt or useor misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes:THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Dallas, Texas, having jurisdiction. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
13. Winner List:For an Official Winners List or a copy of these Official Rules, send a self-addressed, stamped envelope to: “#DISCOVERDEEPELLUM” Sweepstakes - WINNERS - or - OFFICIAL RULES (please specify), c/o Marketing Department, Dallas Observer – 3800 Maple Ave # 355, Dallas, TX 75219. All requests must be received by June 30, 2018. Official Rules are also available at www.discover-deepellum.com
14. Instagram: The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram.
I, _______________________, have submitted valid materials for participation in the DISCOVER DEEP EULLUM 2018 (the “Sweepstakes”).
I hereby represent that neither I nor any members of my family are or ever were employees (or IRS listed dependents) of Dallas Observer, Constellation Brands,their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors, or the service agencies or independent contractors of any of the above organizations, or any suppliers, distributors or retailers of alcoholic beverages, or any company engaged in the development, production or distribution of any of the Sweepstakes participative materials.
I further represent that any and all materials submitted by me were obtained through authorized and legitimate channels and that I have complied with the Official Rules of the Sweepstakes and all applicable regulations and that I have perpetrated no fraud or deception in entering the promotion or claiming my prize.
In the event that the material submitted by me is verified and I am thereby a winner, Dallas Observer has my permission to publicize this fact with State and Federal agencies requiring the same without further compensation therefor. I also understand and agree that I will be solely responsible for all local, State and/or Federal taxes, fees and license charges levied upon any prize which may be awarded to me under this Sweepstakes.
I represent and warrant that I am twenty-one (21) years of age or olderat the time I submitted my entry in the sweepstakes and shall provide Dallas Observer with government issued identification upon request.
In exchange for the right to participate in the Sweepstakes, I agree to release and hold harmless Dallas Observer and Constellation Brands and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or useor misuse of any prize.
I hereby grant Constellation Brands, and those authorized by Constellation Brands, absolute permission to my name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown or state in the advertising and/or promotion of its products in any media now known or hereinafter invented, in perpetuity worldwide, without further payment or compensation or approval by me.