Cuervo® Marg Shake-Up Flavor Contest 2023 (the “Contest”)  

OFFICIAL RULES

THE CONTEST IS RESTRICTED TO ENTRANTS WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTERING THE CONTEST AND WHO ARE DOCUMENTED RESIDENTS OF THE UNITED STATES. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. NO PURCHASE OR PAYMENT NECESSARY. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  CONSUMER INFORMATION COLLECTED DURING THE CONTEST SHALL BE USED BY SPONSOR IN ACCORDANCE WITH ITS PRIVACY POLICY AVAILABLE AT HTTPS://WWW.PROXIMOSPIRITS.COM/PRIVACY/

1. Eligibility 

The Contest is open only to documented U.S. residents who are at least twenty-one (21) years old at the time of entry. Void where prohibited or restricted by law. The following individuals are not eligible to win the Contest: (a) employees of (i) Sponsor (as defined in Section 2 below) or its related companies, (ii) vendors of Sponsor, (iii) licensed alcoholic beverage distributors and retailers, (iv) Administrator (as defined in Section 2 below) and in each case, any of its or their respective parent companies, affiliates, subsidiaries, distributors, dealers, sales representatives, web masters/suppliers, advertising agencies or any other company or individual involved with the design, production, execution or distribution of the Contest and (b) the immediate family (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) and household members (people who share the same residence at least three (3) months out of the year) of each such individual.  The Contest is subject to all applicable federal, state and local laws and regulations.  Participation constitutes entrant’s full and unconditional agreement to abide by and be bound by these Official Rules and Sponsor’s and 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.  No purchase or payment is necessary to enter or win the Contest.

2. Sponsor and Administrator

Sponsor: Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ 07302 (“Sponsor”).

Administrator: Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008 (“Administrator”).

3. Contest Period 

The Contest begins at 12:00:00 a.m. Eastern Time (“ET”) on February 22, 2023 and ends at 11:59:59 p.m. ET on March 22, 2023 (the “Contest Period”).  Sponsor is the official timekeeper for this Contest.

4. How to Enter

From February 22, 2023 through March 22, 2023 (the “Submission Period”), visit cuervomargshakeup.com and follow the instructions to complete a submission on screen for a new Cuervo® Authentic Margarita flavor. You will select your margarita’s base from six (6) available options. Next, you can select up to four (4) of thirty (30) available ingredient options. After selecting both the base and ingredients, you can submit an optional ‘wildcard’ ingredient. To complete the entry submission, you will be required to name your creation, and provide your full name, address, email address, and optional phone number. THE PURCHASE OF CUERVO® (OR ANY OTHER ALCOHOL BEVERAGE) IS NOT REQUIRED TO ENTER THE CONTEST. 

Submitted content must be truthful in all material respects. By submitting an entry, you agree that your entry conforms to these Official Rules and that Sponsor, in its sole discretion, may declare your entry void and disqualify you from the Contest if it believes that your entry fails to conform, for any reason it deems appropriate in Sponsor’s sole discretion, to these Official Rules. 

For your submission, Sponsor encourages you to be innovative, creative, and clever, but please use good taste, keep the margarita name (“Submission”) free of obscenity or indecent material. Sponsor reserves the right to delete any Submissions, for any reason. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill to which Sponsor associates. Sponsor reserves the right to monitor and will monitor or screen entries prior to approval for submission. By entering, you acknowledge that your entry may be reposted in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Submission you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, post, repost, distribute, use, edit, delete, translate, alter, combine with other material, reuse and adapt any or all portions of the Submissions and/or entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose.  Online entries that are not in accordance with the guidelines as stated herein, contain prohibited content or are not received during the Contest Period will be ineligible. 

Content requirements:

All Submissions must be the original work of the entrants and not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity. Submissions may not contain any of the following content as determined by Sponsor in its sole discretion: (a) sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane (b) promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any commentary that may appear unsafe or dangerous, or any particular political agenda or message; (c) is obscene or offensive, endorses any form of hate or hate group; (d) promote any brand or product of any kind, or contain any personal identification, personal names, or addresses; (e) defame, misrepresent or contain disparaging remarks about other people or companies; (f) communicate messages inconsistent with the positive images and/or good will to which Sponsor wishes to associate; (g) contain copyrighted materials owned by others without permission; (h) contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission; and (i) cannot itself, be in violation of any law. 

Any such entrant that violates the Content Requirements will indemnify and hold harmless, Sponsor from any claims to the contrary. Any entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.

By submitting a Submission, Entrant agrees that the entry is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to entrant. Sponsor is not obligated to develop and/or produce new margarita product flavor, and, if Sponsor does choose to based on Entrant’s Submission, is not required to provide any further recognition or reimbursement to Entrant. Entrant acknowledges that, by acceptance of your entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant.

All entries must be received no later than 11:59:59 p.m. ET on March 22, 2023.  No alterations or forged entries are permitted. Partial or incomplete/piecemeal submissions WILL NOT BE ACCEPTED as Contest entries and shall not be eligible for the any prize. You may enter multiple times in accordance with the Terms throughout the duration of the Contest. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of scripts, macros or any other automated system to participate or subvert the process is prohibited and will result in disqualification. Sponsor shall select a winner from the entries submitted that meet the rules requirements described herein. Once submitted, all entries become the exclusive property of Sponsor and will not be acknowledged nor will they be returned. No other forms of entry are valid. A ‘day’ is defined as 12:00:00 a.m. until 11:59:59 p.m. ET.  In addition, if a person submits multiple entries, the same content cannot be shared more than once by such person. Violation of the preceding entry restrictions will result in disqualification. Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor or its agents. 

Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or Entry Method. Sponsor is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect an online user’s ability to enter and qualify or the ability of Sponsor to notify the winners. Facsimiles or mechanical reproductions will not be accepted and entrants may not use any other device or artifice to enter in excess of the number of entries allowed. 

If you participate via mobile device, you will be charged for all data usage on your handset according to the terms in your individual data plan with your cellular provider. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate.  Wireless service/internet access may not be available in all areas.

5. Selection of Finalists and Winners

Judging to Determine the Finalists: All Entries will be reviewed for appropriateness and compliance with these Official Rules by Sponsor. Following the conclusion of the Contest Period, all Entries will be judged by a judging panel (referred to within Contest as “Margarita Committee”) comprised of Administrator and Sponsor.  The Entries shall be evaluated based on the following judging criteria:  

*Sponsor to vet with R&D team

Voting to Determine the Winner: During the voting period from April 5, 2023 through April 15, 2023, consumers (referred to within Contest as “Margarita Board”) can visit cuervomargshakeup.com to participate in a consumer poll. You will be able to view and vote on a select number of approved margarita flavors (finalists). You will be prompted to enter your email address upon submitting selection. Consumers are encouraged to evaluate finalists based on the above judging criteria. 

One (1) grand prize winner will be chosen based on the finalist receiving the highest number of votes after the voting period ends on April 15, 2023. In the event of a tie score for a winner, the Sponsor will determine the final winner. Two (2) first prize winners will be chosen based on being selected as finalists receiving the highest score as outlined above.

The awarding of any prize is subject to verification of each potential winner’s eligibility. The winners will be notified by phone or by the email address provided on or around April 18, 2023 and will be required to furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver’s license, birth certificate or passport) within seventy-two (72) hours of notification. If any prize notification is returned as undeliverable, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner with the next highest score from among the remaining eligible judged entries received. Sponsor shall have no liability if notification is lost, intercepted or not received for any reason.

6. SPONSOR’S AND/OR ADMINISTRATOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST AND THE SELECTION OF POTENTIAL WINNERS 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 AND THE POTENTIAL WINNING ENTRY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED.

7. Verification of Potential Winners

Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The winner must be twenty-one (21) years of age or older. The potential winner will be required to provide Sponsor or Administrator with documentation that shows he or she was an eligible participant and is of legal age at time of Contest. The only condition of receipt of any prize by any winner is compliance with these Official Rules.

Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Any and all guarantees and warranties are subject to the manufacturer’s terms and conditions, and winner agrees to look solely to such entity for any such warranty or guarantee claim. Winners are solely responsible for all federal, state and local income taxes.

Sponsor reserves the right to conduct a background check of any criminal records of any prize winner. To the extent necessary and permitted by law, prize winners authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify any prize winner from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize. 

8. Prizes

Grand Prize Winner:

One (1) grand prize will be awarded. The grand prize is $50,000.00. The prize will be awarded via wire transfer to winner’s bank account. If winner does not wish to share his/her/their bank account number for any reason, the prize will instead be awarded as a check. The approximate retail value (“ARV”) of the grand prize is $50,000.00.

Two (2) first prizes will be awarded. Each First Prize is $25,000.00. The prize will be awarded via wire transfer to winner’s bank account. If a winner does not wish to share his/her/their bank account number for any reason, the prize will instead be awarded as a check. The ARV of each first prize is $25,000.00.

No alcohol is awarded in any prize. Total ARV of all prizes is $100,000.00.

9. RELEASE OF LIABILITY AND PUBLICITY CONSENT:

By participating in the Contest, entrants release, indemnify and hold harmless Sponsor and each of their respective parent companies, affiliates, subsidiaries, officers, directors, partners, equity holders, agents, employees, and all others associated with the development and execution of this Contest (collectively, the “Released Parties”) from and against any and all claims, expenses and liability , including but not limited to negligence and damages or liabilities with respect to, or in any way arising from or relating to such entrant’s participation or attempt to participate in the Contest, the ability or inability to upload or download any information in connection to the Contest and/or the acceptance or use (included related travel if any) of the Prize (if applicable), including without limitation liability for personal injury, damages, death, monetary loss, defamation or violation of privacy rights. No responsibility or liability is assumed by Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors, omissions or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed, incomplete, inaccurate, damaged, destroyed, misdirected or not received or intercepted transmissions; inaccessibility of any Web site in whole or in part for any reason; traffic congestion on the Internet or any Web site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized access, tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of any email or social media account used in connection with the Contest; any errors, omissions, interruptions, deletions, defects, delays in operation failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); or cheating or fraud by any participant. Sponsor is not responsible for any typographical errors, any incorrect or inaccurate information, whether caused by entrants, site users, tampering, hacking or printing errors or by any of the equipment or programming associated with or utilized in the Contest; in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on any Web site. Use of any Web site is at user’s own risk. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer (hardware or software) and/or other device related to or resulting from participation in the Contest or the acceptance or use of any prize awarded. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion.

Any personally identifiable information collected during an entrant’s participation in the Contest will be collected by Sponsor, Administrator or other Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Contest as described in these Official Rules or as otherwise set forth in Sponsor’s privacy policy available at https://proximospirits.com/privacy/. 

Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

10.  General Conditions

Sponsor and Administrator reserve 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 and Administrator’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor and Administrator in their sole discretion.  Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion and as required by law.  Prize is non-transferable except at the sole discretion of Sponsor.  All federal, state and local taxes on prize are winner’s sole responsibility.  By accepting prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. Sponsor reserves the right to conduct a background check of any criminal records of the prizewinner.  To the extent necessary and permitted by law, prizewinner shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify prizewinner based on the background check.  Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize, including, but not limited to, shipping, handling and service charges.  

The value of the prize won by a participant under the Contest may be taxable as income to the winner.  Winner is solely responsible for any and all taxes and/or fees associated with prize. Upon receipt of the prize, the prizewinner shall be required to comply with any and all applicable federal, state and local law, rules and regulations. 

Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest at any time without notice or further obligation.  

11. Electronic Entries

In the event of a dispute, online entries (including entries made via mobile device*) will be deemed made by the authorized account holder of the email address submitted at time of entry. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete entries or for online entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays or errors of any kind in the transmission or receipt of online entries (the preceding includes, but is not limited to, filtering or other operation of the functionality of a social media platform).  Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by website visitors or by any human or technological error that may occur in the processing of on-line entries in the Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest.

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING ANY MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.

*If entering via mobile device, wireless internet access and/or other fees may apply.  Please consult your wireless service provider regarding your pricing plan.  Not all cellular phone providers carry necessary service to enter via mobile website.  Wireless internet access is not available in all areas.

12. 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 Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) 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. 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 Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One (1) prize per person only. 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 among all legitimate, unawarded, eligible prize claims.

13. Choice of Law and Disputes

By entering the Contest, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest shall be governed by laws of the State of New York, without giving effect to any choice of law or conflict of laws principles. By participating in the Contest, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.

Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) 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 (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

14.  SEVERABILITY

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 that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.

15. Entrant’s Personal Information

Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available at http://proximospirits.com/privacy. Each entrant acknowledges that, by entering the Contest, entrant has opted into Sponsor’s Privacy Policy and, by opting into Sponsor’s Privacy Policy, has read and accepted Sponsor’s Privacy Policy. Any complaints or concerns regarding this policy should be directed to [email protected].

16. Contest Results

For Contest results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “PRO5033000W Cuervo Marg Shake Up Contest” on a 3” x 5” card and mail to: c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008. Requests for the winners list must be received by May 15, 2023.

Margarita with Jose Cuervo® Tequila. 9.95% Alc./Vol. (19.9 proof). Trademarks owned by Becle, S.A.B. de C.V. ©2023 Proximo, Jersey City, NJ. Please drink responsibly.