The 2016 Tampico (R) Emojiball 2 Sweepstakes

Sweepstakes Official Rules

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 17 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND LEGAL RESIDENTS OF, AND CURRENTLY LOCATED IN, ONE OF THE 50 UNITED STATES OR D.C. SEE FURTHER ELIGIILITY RESTRICTIONS BELOW.

 

BY ENTERING, YOU REPRESENT THAT YOU HAVE READ THE OFFICIAL RULES AND ALL APPLICABLE POLICIES AND/OR TERMS OF SERVICE OF SPONSOR AND FACEBOOK, AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM. WITHOUT LIMITATION, THESE AGREEMENTS INCLUDE INDEMNITIES TO THE RELEASED PARTIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

EACH WINNER WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND MAY HAVE TO SIGN DOCUMENTATION, SUCH AS A RELEASE, IN SPONSOR’S SOLE DISCRETION AS MORE FULLY DESCRIBED BELOW, OR PRIZE MAY BE FORFEITED.

 

You are providing your information to Tampico Beverages, Inc. (“Sponsor”) and not to Facebook, Inc. (“Facebook”), and the information you provide will only be used in accordance with Sponsor’s Privacy Policy, as explained below.

 

Roar Media, LLC (“Administrator”) is administering the operation of, and prize fulfillment under, this Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Facebook is not affiliated with the Sponsor or Administrator in any way.

 

  1. ELIGIBILITY: The Tampico® Emojiball 2.0 Sweepstakes (the “Sweepstakes”) is open to legal residents of any one (1) of the 50 United States and the District of Columbia, who are seventeen (17) years of age or older at the time of entry. ALL ENTRANTS WHO ARE CONSIDERED MINORS IN THEIR STATE OF RESIDENCE MUST HAVE A PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO PARTICIPATE IN THIS SWEEPSTAKES. Void elsewhere and where prohibited by law. Employees, officers, directors, members and managers of Sponsor, Administrator, their respective parent companies, affiliates, subsidiaries, agents, sales representatives, vendor agencies, promotion and advertising agencies (collectively with Sponsor, “Sweepstakes Entities”), and members of their immediate families (“immediate families” is defined for these purposes as spouse, partner, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) are NOT eligible to participate. Proof of eligibility may be required and is subject to verification in Sponsor’s sole discretion. As used herein, the terms “you” and “Contestant” refer to an eligible person who submits an entry in accordance with these Official Rules (also referred to as “Rules”).

 

Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by the Sponsor, in its sole discretion, to have been submitted in this manner will be void. The Administrator will be the official timekeeper for this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the entrant will be deemed to be the authorized account holder of the email address of record for the Facebook account at the time of entry, but only if that person meets all other eligibility criteria or is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible.

  1. AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, you fully and unconditionally agree to and accept these Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all matters related to the Sweepstakes. Whether or not you receive a prize is contingent upon fulfilling all requirements set forth in these Rules, being chosen as a winner through the selection processes described in these Rules, and having your eligibility and compliance with these Rules confirmed by the Administrator.
  2. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins and ends as defined in Exhibit A attached hereto (the “Sweepstakes Period”). The Sweepstakes will have a total of two (2) bi-weekly random drawings (the “Entry Period(s)”). To be a valid entry for the specific Entry Period, all entries must be received during that Entry Period and in strict accordance with these Rules. Proof of submission of an entry (for example, an automated computer receipt confirming entry or “thanks for entering” screen or message, if any) will not be deemed proof of actual receipt by Sponsor or Administrator of an entry for purposes of this Sweepstakes. For purposes of this Sweepstakes, an entry is “received” when the Administrator’s servers record the entry information, or as otherwise described in Section 4(D) below. There is a maximum amount of Instant Winners per Entry Period, as described more fully in Section 4 below, and such Instant Winners are determined in a first-come, first-served basis.

 

  1. HOW TO ENTER THE SWEEPSTAKES/CONDITIONS OF ENTRY: The Sweepstakes has two parts: (1) Instant Win Game and (2) Grand Prize Giveaway.

 

  1. Instant Win Game. At the beginning of each Entry Period, Administrator will post a promotional video (“Play Now Post”) on Sponsor’s Facebook Page: facebook.com/drinktampico (“Tampico’s Facebook Page”). The Play Now Post will display three (3) silhouettes of three distinct emojis from the full emoji keyboard standard on iOS and Android devices. To enter the Instant Win Game, Contestants must comment on the Play Now Post using the hashtag “#TampicoEmojiball2,” followed by a combination of three (3) distinct emojis. Contestants can submit only one (1) entry per Entry Period. Administrator will reveal the three (3) winning emojis (the “Winning Emojis”) via a video posted on Tampico’s Facebook Page within two (2) weeks of the end date for the Entry Period, as identified in Exhibit A. All entries submitted during the applicable Entry Period through Facebook that match the Winning Emojis in the same sequence will receive a reply from Administrator confirming they have won the Instant Win Game. The reply will contain a link to the prize redemption page. Instant Winners will have to click on the link, accept access to link the Facebook profile, and enter their email address (“Redemption Process”). Upon completion of the Redemption Process, such entries will be deemed “Instant Winners.” The maximum amount of Instant Winners per Entry Period is described in Exhibit A as “Total Instant Winners,” as determined in the order that the entries are received.

 

  1. Grand Prize Giveaway. All Instant Winners will automatically be enrolled in the Grand Prize Giveaway. Administrator will randomly select one of the Instant Winners within two (2) weeks of the end date for the Entry Period, as identified in Exhibit A. The Instant Winner that is randomly selected will receive a Grand Prize. Grand Prize winners will be notified via Facebook or via an email to the email addressed registered to the Grand Prize winners’ Facebook accounts.

 

You will be required to have an authorized Facebook account. Use of any automated entry software is prohibited. Only Facebook accounts assigned to individual natural persons may be used to enter the Sweepstakes.

 

As described below, there are two ways you enter the Instant Win Game part of the Sweepstakes: (1) by commenting on the Play Now Post on Tampico’s Facebook page with a combination of three (3) emojis along with the hashtag “#TampicoEmojiball2” or (2) by Mail-In Entry.

 

  1. Submitting Your Entry on Facebook: During the Entry Period and once the Play Now Post is posted, you may enter the Instant Win Game by submitting your combination of three (3) distinct emojis on Tampico’s Facebook Page. At the beginning of each Entry Period, Administrator will post the Play Now Post on Tampico’s Facebook Page prompting Contestants to submit their combination of emojis. Contestants must comment on the Play Now Post with a combination of three (3) emojis along with the hashtag “#TampicoEmojiball2” to enter the Instant Win Game part of the Sweepstakes. Contestants can submit only one (1) entry per Entry Period. Contestants must correctly identify the three (3) Winning Emojis in the same sequence and complete the Redemption Process to be an Instant Winner. Facebook can be joined at http://www.facebook.com and is free. By pressing “Like” on the Tampico Facebook Page, the Play Now Posts will show up in your Facebook feed. You do not need to “Like” Tampico’s Facebook Page to enter the Sweepstakes.

 

  1. Mail-In Entry: On a 3" x 5" piece of paper, hand-print your name, complete address, daytime and evening telephone numbers (area code included), e-mail address, and date of birth, and mail in a properly stamped #10 business-size envelope to: Tampico Emojiball 2.0 Sweepstakes Entry, c/o Roar Media, LLC, 150 Alhambra Circle Suite, 725 Coral Gables, FL 33134. Limit one (1) entry per Entry Period. Entries must be postmarked as sent by the End Date for the applicable Entry Period, as referenced in Exhibit A, and received by Administrator on or before 5 business days thereof. No mechanically reproduced entries permitted. Sponsor and Administrator are not responsible for postage-due entries or entries not received in time for the random drawing. In the case of Mail-In Entries, Contestants must write out the names of each of the three (3) distinct emojis, as commonly termed by Android or iOS platforms or other determinative descriptions, in their chosen combination. The emojis and their respective names can be found on Tampico’s Facebook Page.

 

Contestants are solely responsible for Internet connectivity, software and/or hardware that may be required to submit an entry. No other method of entry into this Sweepstakes will be permitted, except as described in Section 4 of these Rules.

 

Sponsor may void any entry at any time during the Entry Period, or thereafter; therefore, the fact that your entry is posted for any length of time does not necessarily mean that it has been deemed acceptable by Sponsor.    

 

Entries will not be acknowledged or returned. Entries must be made by an individual only. Group entries or entries made by an entity are prohibited.   Entries made by any other individual or any entity, and/or using any commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified from this Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and its representative to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.

 

  1. Content Restrictions for Entries:

Entry content (including, without limitation, any communications to potential breakers you invite) may NOT include any material that:

  • uses any third-party intellectual property of any kind, including, but not limited to, copyright protected material;
  • includes personally identifiable information about the Contestant or any third party, such as name, address, phone number, email address or any contact information or depicts or refers to any third party;
  • violates any third party property or other rights including, but not limited to: copyrights, trademark, right of publicity or privacy, or any other proprietary rights;
  • involves libelous, defamatory, disparaging, tortious or slanderous materials;
  • involves adult-oriented or sexually-explicit behavior;
  • involves lotteries or gambling;
  • involves explicit or offensive language or content;
  • involves violence;
  • involves imitations of people or characters from movie/TV shows, etc.;
  • portrays discrimination;
  • promotes illegal activities of any kind;
  • involves tobacco, alcohol or drugs;
  • involves dangerous stunts;
  • involves weapons of any kind including, but not limited to, guns, bombs, or knives;
  • involves bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state or local law, ordinance, or regulation;
  • denigrates, disparages or reflects negatively on the Sponsor, its products, or employees, or on any other person, company, product, or service;
  • is unlawful or contrary to the laws or regulations in the state in which the entry was created;
  • is confidential; or
  • will violate any agreement to which you or any other person is a signatory or party.

If an entry includes any of the prohibited elements listed above, the entry will be disqualified. The above list is not intended to be exhaustive; in its sole discretion, Sponsor may disqualify an entry if it includes any content which, in Sponsor’s opinion or in the opinion of Administrator, is unsuitable for publication in connection with this Sweepstakes or is damaging to Sponsor’s brand in any way. Sponsor reserves the right to reject, delete or take down your entry at any time, in its sole discretion, without incurring any liability.

  1. RIGHTS GRANTED BY YOU: By entering this Sweepstakes, you agree to all of the following:

 

(A) The Sponsor and its licensees, successors and assigns are granted the irrevocable, absolute right to use, publish, modify, prepare derivative works of, license to third parties, edit, and/or distribute all or any part of your entry anywhere in the world and in perpetuity, for advertising, trade, promotion and publicity purposes in any manner and in any medium now known or hereafter devised, without consideration or attribution to you, or review or approval by you, and without compensation of any kind or additional notice to you.

 

(B) You will not now or in the future be paid or compensated in any way for your entry or for granting the Sponsor any of the rights set out in these Rules.

 

(C) Sponsor is not obligated to make use of any of the rights granted in these Rules.

 

(D) Sponsor and its licensees, successors and assigns do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any intellectual property rights related to your entry.

 

In connection with the foregoing, each Contestant agrees to forever release, indemnify, and hold harmless the Released Parties (defined below) from and against any liability of any kind in any jurisdiction arising from or in connection with any use of his/her entry in accordance with these Rules, including, without limitation, based on “moral rights” or unfair competition. You agree to indemnify, release and hold harmless the Released Parties against any and all claims from any third party associated with your breach or alleged breach of these Rules or associated with any use or exploitation of your entry or element of your entry. Sponsor may require any Contestant to execute documents to confirm the grant of the rights granted herein and to convey additional rights related to use of the entry; failure to do so may result in disqualification.

 

  1. PRIZES/ODDS/APPROXIMATE RETAIL VALUE (“ARV”): Only the prizes listed in Exhibit A will be awarded in this Sweepstakes. Odds of winning depend on the total number of valid entries received.

 

The following applies to all prizes, unless otherwise indicated: Sponsor reserves the right in its sole discretion, to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Please allow ten (10) weeks after being verified to receive your second, third or fourth prize. Any difference between the stated ARV of any prize component and the component’s actual value will not be awarded. Prizes were estimated as of the date specified in Exhibit A. ARV of each prize is as of the date of printing of these Rules. The difference in ARV as stated herein and ARV at time of prize notification, if any, will not be awarded in cash or otherwise. Prizes will be mailed or otherwise provided to the verified winner’s address in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion. THE RELEASED PARTIES MAKE NO WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY PRIZE FURNISHED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

Prizes, if legitimately claimed, will be awarded. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner.  No prize may be transferred, assigned, redeemed for cash or substituted, in whole or in part, except that the Sponsor may substitute the prize component with a prize or prize component of equal or greater value in the event the stated prize/component becomes unavailable. No more than the stated prizes will be awarded. Prizes consist only of the items specified above. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. The prizes will be awarded provided they are properly claimed in accordance with these Rules. All prizes must be accepted as described herein and claimed in accordance with these Rules; otherwise, (i) the potential prize winner will forfeit all rights to receive his/her prize; (ii) Sponsor shall be relieved of any and all obligations or liability to such potential prize winner; and (iii) Sponsor shall have the right to select an alternate potential prize winner from among the remaining Entries on the basis of the applicable selection process described herein.

 

All potential winners are subject to verification of eligibility before any prize will be awarded.

 

  1. WINNER SELECTION DATES AND NOTIFICATION: Conduct of the Sweepstakes is under the supervision of the Administrator. As described in Section 4 in more detail, Administrator will reveal three (3) Winning Emojis for the prior Entry Period via a video posted on Tampico’s Facebook Page within two (2) weeks of the end date for the Entry Period as identified in Exhibit A. To be an Instant Winner, Contestants must identify the Winning Emojis in the same sequence in which they are revealed and complete the Redemption Process. The maximum amount of Instant Winners per Entry Period is described in Exhibit A as “Total Instant Winners,” as determined in the order that the entries are received. Administrator will randomly select one of the Instant Winners within two (2) weeks of the end date for the Entry Period as identified in Exhibit A. Grand Prize winners will be notified via Facebook or via an email to the email addressed registered to the Grand Prize winners’ Facebook accounts. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If any potential prizewinner does not respond within 24 hours of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable such prizewinner will forfeit his or her prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Each potential prize winner (and his/her parent or legal guardian if a minor) will be required to sign an affidavit of eligibility/publicity and liability release (which may require providing winner’s Social Security Number for tax purposes), and return it properly executed, within 10 days of attempted notification as a condition of awarding the prize. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner. Sponsor may only look to five (5) alternate winners for a particular prize, at which point that prize may be deemed unclaimed and Sponsor will have no further obligation with respect to that prize.

 

  1. GENERAL:

 

(A) Participation in this Sweepstakes constitutes each Contestant’s full and unconditional agreement to these Rules and the decisions of the Administrator and Sponsor, which shall be final, binding and non-appealable in all matters related to the Sweepstakes. Contestants will be disqualified if they fail to abide by these Rules.

 

(B) Contestants assume all risk of loss, damage, destruction, delay or misdirection of Entries submitted in this Sweepstakes, and agree that the Sweepstakes Entities, Facebook, Inc., and the officers, directors, members, managers, partners, principals, employees and agents of each of the foregoing (collectively, the “Released Parties”), shall have no liability whatsoever for, and shall be indemnified, defended and held harmless from and against, any injuries, losses or damages of any kind to persons or property, including without limitation death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession, awarding, delivery, use, or misuse of a prize (if applicable), or participation in this Sweepstakes or participation in any Sweepstakes-related or prize-related activities (if applicable).

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

 

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”

 

(C) As a condition of entering, Contestants agree that: (A) under no circumstances will Contestants be permitted to obtain awards for, and each Contestant hereby waives, all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (B) the Sweepstakes will be governed by the laws of the State of Illinois without regard to conflicts of laws principles, and all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action and shall be brought in a court of competent jurisdiction in Cook County, Illinois applying Illinois law; (C) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), not to exceed ten U.S. dollars ($10 USD), and in no event will attorney’s fees be awarded, and entrant further waives all rights to have damages multiplied or increased; and (D) each entrant accepts and submits to the personal jurisdiction of the Illinois courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.

 

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY LISTED ABOVE. NOTHING IN THESE RULES SEEKS TO LIMIT OR EXCLUDE LIABILITY WHERE NOT PERMISSIBLE UNDER LOCAL LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR PROHIBITIONS REGARDING SUCH LIMITATIONS AND EXCLUSIONS.

 

(D) By entering, Contestants agree that the Released Parties are not responsible for: (i) any communications or electronic transmissions/Entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or Administrator for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Entries, or for destruction of or unauthorized access to, or alteration of, Entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to Contestants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes, including without limitation virus, bugs and non-authorized human intervention; (iv) any Entries submitted in a manner that is not expressly allowed under these Rules; (v) incorrect or inaccurate entry-related information whether caused by Contestants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vi) any typographical or other error in the printing or advertising of this offer, administration or execution of the Sweepstakes, or in the announcement of prize winners; or (vii) cheating or fraud by any Contestant. Released Parties are not responsible for any changes or unavailability of the Facebook platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the Facebook platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Sweepstakes Entities are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.

 

(E) Released Parties are not responsible or liable to any Contestant or winner or any person claiming through such Contestant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

 

(F) Sponsor’s failure to or decision not to enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsor’s sole discretion. Contestants waive any right to claim ambiguity in the Sweepstakes or these Rules. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

CAUTION: ANY ATTEMPT BY ANY PERSON TO DAMAGE THE SPONSOR’S ACCOUNTS AND/OR PAGES ON FACEBOOK, INSTAGRAM, OR TWITTER PLATFORMS, OR ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY HIM/HER FROM THE SWEEPSTAKES.

 

  1. CONSENT TO PUBLICITY: By accepting a prize, each winner grants Sponsor, its licensees, successors and assigns the irrevocable, sublicensable, absolute right and permission to use, publish, post or display winner’s name, likeness, photograph, biographical information, address (city and state), prize information, voice, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion), without limitation, for promotional, advertising or trade purposes in commerce and in all media worldwide, now known or hereafter devised, without further notice, approval, consideration or payment, except where prohibited by law. Each Contestant releases Sponsor from any and all liability related thereto. Each winner agrees that Sponsor is not obligated to make use of any of the rights granted in these Official Rules and each winner waives any right to inspect or approve any such use.

 

  1. EARLY TERMINATION AND DISQUALIFICATION: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this Sweepstakes should (in the Sponsor’s or Administrator’s opinion) human error, virus, bugs, non-authorized human intervention, fraud or any other causes corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. If the Sweepstakes Entry Period is terminated before the stated end date, the Administrator will select the prize winners from among all eligible Entries received prior to the date/time of termination. Sponsor reserves the right to restrict or void entries, or participation from any IP address if any suspicious participation, entry, or other behavior is detected. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds (in the Sponsor’s or Administrator’s opinion), to be tampering with or attempting to tamper with the entry process, voting process or the operation of the Sweepstakes, or to be engaging in conduct intended to annoy, harass, threaten or abuse any other persons or entities, including without limitation, Sponsor, any other Contestants, the Administrator or Sponsor’s representatives.

 

  1. OTHER: If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Any damage made to the Facebook platform will be the responsibility of the registered account holder of the e-mail address for the Facebook account submitted at the time of entry. Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

 

  1. PRIVACY POLICY: By entering, each Contestant agrees to the use of the personal information submitted with his/her entry as detailed in the Sponsor’s privacy policies posted on the Sponsor’s webpage (http://www.tampico.com/).

 

  1. WINNERS LIST: The first names, cities and states of the winners will be posted on Tampico’s Facebook Page following verification of all such winners, and may be posted on Sponsor’s website. To obtain the name of the winners, within three (3) months of the end of the Entry Period, send a self-addressed stamped envelope to: Tampico Emojiball 2.0 Sweepstakes, Roar Media, LLC, 150 Alhambra Circle Suite, 725 Coral Gables, FL 33134.

 

  1. OFFICIAL RULES: For a copy of these Official Rules, print out these pages or by mail, send a self-addressed, stamped #10 business-size envelope to: Roar Media, LLC, 150 Alhambra Circle Suite, 725 Coral Gables, FL 33134. Requests must be mailed separately and received prior to the end of the Entry Period. Vermont residents may omit return postage with Official Rules requests.

Sponsor: This Sweepstakes is sponsored solely by Tampico Beverages, Inc., 3106 North Campbell Ave., Chicago, IL 60618.

 

Administrator: This Sweepstakes is administered by Roar Media, LLC, 150 Alhambra Circle Suite, 725 Coral Gables, FL 33134.

 

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or Administrator only, and NOT to Facebook.

 

All trademarks used herein and in the Sweepstakes are the property of their respective owners. 

 

Exhibit A: Prize Information

Instant Win Game

Entry Period

Start Date

End Date

Prize

Number of Prizes

Total Instant Winners

Per Unit Value

ARV

Entry Period 7

August 15, 2016

August 20, 2016

$5 Amazon.com Promo Code

175

175

$5

$875

Entry Period 8

August 29, 2016

September 3, 2016

$5 Amazon.com Promo Code

200

200

$5

$1000

 

Grand Prize Giveaway

Entry Period

Start Date

End Date

Prize

Number of Prizes

Total

Winners

Per Unit Value

ARV

Entry Period 7

August 15, 2016

August 20, 2016

Dyson Vacuum

1

1

$399

$399

Entry Period 8

August 29, 2016

September 3, 2016

MacBook

1

1

$1299

$1299

 

Prize values were estimated as of [July 18, 2016]

Total value of prizes [$_3,573.00_____]