@Cholulahotsauce #YearofCholula Sweepstakes (the “Sweepstakes”)
No purchase necessary to enter or win. Making a purchase will not increase your chances of winning. Void where prohibited.
- 1. SWEEPSTAKES PERIOD: The Sweepstakes begins on February 15, 2017 at 12:00:00 PM Eastern Standard Time (“EST”) and ends on March 30, 2017 at 11:59:59 AM EST (the “Sweepstakes Period”). During the Sweepstake Period there will be three (3) “Surprise and Delight” periods (each a “Surprise and Delight” period). Each Surprise and Delight period will last for twenty-four (24) consecutive hours following the launch/start of the “Surprise and Delight” period (An example: Surprise and Delight period announcement launched at 11:00:00 AM EST on Tuesday February 21, 2017 and therefore closes at 10:59:59 AM EST on Wednesday February 22, 2017). For the purposes of these Official Rules and Regulations (the “Official Rules”), a day (each, a “Day”) commences at 12:00:00 AM EST and ends at 11:59:59 PM EST, except for the first Day (February 15, 2017) which commences at 12:00:00 PM EST and ends at 11:59:59 PM EST and the last Day (March 30, 2017) which commences at 12:00:00 AM EST and ends at 11:59:59 AM EST. The sole determinant of the time for the purposes of a valid Entry (as defined below) in this Sweepstakes will be the Sweepstakes server machine(s).
- 2. ELIGIBILITY: The Sweepstakes is open and offered only legal residents of the forty-eight (48) contiguous United States, District Of Columbia, Alaska and Hawaii who are at least 18 years of age at the time of Entry (the “Entrants”), except employees, representatives or agents (including persons living in the same household of such person whether related or not) of The Cholula Food Company Inc. (“Sponsor”), its parent, affiliated and related companies, Twitter, Instagram and advertising/promotion agencies related to the Sweepstakes (collectively, the “Sweepstakes Parties”). Residents of Puerto Rico are not eligible. Void in excluded jurisdictions and where prohibited by law. Groups, clubs, organizations, businesses and commercial/non-commercial entities cannot participate.
3.HOW TO ENTER: NO PURCHASE NECESSARY. To enter, Entrants must take a photograph (See submission guidelines for photograph requirements) of a prepared food item or a meal (each an “Item”) where one could imagine the taste of the Item when you add some “Cholula® Hot Sauce” to the Item within the photograph or, if desired, a photograph of an Item where Cholula® Hot Sauce has already been added. The uploaded photograph must include the #YearofCholula (the “Hashtag”) (together the “Requirements”).
For clarification, uploading a photograph does not mean: (i) uploading a photograph of a bottle of Cholula® Hot Sauce; (ii) that the photograph must contain a bottle of Cholula® Hot Sauce; or (iii) taking an image from the Cholula® Hot Sauce website or any other food website or website which offers images of food items and uploading it. See Submission Requirements for further details.
There are two ways to enter (each, an “Entry”):
- a. Entrants must have a valid Twitter Account and a valid e-mail address. If an Entrant does not have a Twitter Account, visit http://www.twitter.com/ and register in accordance with the enrolment instructions for a free Twitter Account.
- b. It is recommended that eligible Entrants become “followers” of the official @CholulaHotSauce channel on Twitter during the Sweepstakes Period. To become a follower: (i) visit www.twitter.com/CholulaHotSauce; (ii) from the Entrant’s Twitter home page, click on the “Find People” tab and perform a search for “@CholulaHotSauce”; and (iii) click on the “Follow” button corresponding to the official @CholulaHotSauce channel. Eligible Entrants should ensure that his/her account setting is not set to “locked”.
- c. During the Sweepstakes Period, you can enter the Sweepstakes by Tweeting the Requirements of the Sweepstakes to @CholulaHotSauce channel using your personal Twitter account.
- d. To be eligible for an Entry, your Tweet must include a photograph of an Item and be in accordance with the Submission Requirements listed below in Rule 4.
- e. Include the Hashtag #YearofCholula and it is recommended that you include @CholulaHotSauce so that the Sponsor will receive your entry.
- f. Your Entry must comply with the Twitter Terms of Service and Twitter Rules available at http://www.twitter.com/.
- g. Your Entry must conform to Twitter’s character limitation if any, including the Hashtag.
- a. Entrants must have a valid Instagram Account and a valid e-mail address. If an Entrant does not have an Account, visit http://www.instagram.com/ and register in accordance with the enrolment instructions for a free Instagram Account.
- b. Eligible Entrants should ensure that his/her account setting is not set to “Private”.
- c. It is recommended that eligible Entrants become “followers” of the official @CholulaHotSauce channel on Instagram. To become a Follower: (i) visit www.instagram.com/CholulaHotSauce; (ii) log in; and (iii) click on the “Follow” tab corresponding to the official @CholulaHotSauce channel.
- d. Upload a photograph of an Item and make sure the photograph is original and in accordance with the specific Submission Requirements listed below in Rule 4. Make sure the photograph complies with the Instagram Terms of Service and Instagram Rules available at http://www.instagram.com/.
- e. Include the Hashtag #YearofCholula and it is recommended that you include @CholulaHotSauce so that the Sponsor receives your entry and;
An Entry that does not include the Requirements and follow the above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for Entry in this Sweepstakes.
An Entry will be considered to be void (and an Entry will not be granted) if the Entry: (i) is incomplete or illegible; (ii) is not submitted and received during the Sweepstakes Period or if applicable a “Surprise and Delight” period in accordance with these Official Rules; (iii) does not include the Hashtag; (iv) if submitting through Twitter, does not conform to Twitter’s character limitation if applicable including the Hashtag; (v) does not comply with the Twitter Terms of Service and Twitter Rules or Instagram Terms of Service and Instagram Rules including any technical requirements (i.e. file size limits for uploading or character restrictions); and/or (vi) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by Sponsor in its sole and absolute discretion).
Standard text messaging and/or data rates apply to Entrants who submit an Entry via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
Use (or attempted use) of multiple names, identities, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Sweepstakes is prohibited and is grounds for disqualification by the Sponsor. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Your Entry must remain active on your Twitter or Instagram Account throughout the Sweepstakes Period. The Sponsor may not be able to view Entries or otherwise receive Entries or detect participation from Twitter or Instagram users whose accounts are set to “private” (i.e., where user has set his or her account so that only people who the user has approved can view their posts) due to the way Twitter or Instagram operate the Twitter or Instagram service.
An Entrant will receive one (1) Entry (defined above and below) when he/she submits a Tweet or makes a post which includes the Requirements of the Sweepstakes in accordance with these Official Rules.
All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification) to participate in this Sweepstakes. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. Entries will not be returned or acknowledged. Entries received from a Twitter or Instagram Account associated with any organization, company, corporation, partnership or other entity will be void.
4.SUBMISSION REQUIREMENTS: By submitting an Entry (and each individual component thereof), you agree that the Entry complies with all conditions stated in these Official Rules and to the Twitter or Instagram Terms of Service. The Released Parties will bear no legal liability regarding the use of an Entry you submit. The Released Parties shall be held harmless by the Entrant in the event it is subsequently discovered that the Entrant has departed from or not fully complied with any of these Official Rules.
Without limiting the generality of the requirements noted above in Rule 3, to be eligible for an Entry in this Sweepstakes, any Tweet or post including the corresponding photograph submitted must be unique and original (i.e. an Entrant cannot submit a photograph more than once and/or copy someone else’s photograph in whole or in part or take a photograph from the worldwide web and any written text must be in English) and the Entry must be submitted by the holder of the Account and not by another individual on his/her behalf.
By participating in the Sweepstakes, each Entrant agrees to be legally bound by these Official Rules and by the interpretation of these Official Rules by the Sponsor and further warrants and represents that the Entry that he/she submits:
- i. is original to him/her and that the Entrant has all necessary rights in and to the Entry and photograph if included to enter the Sweepstakes;
- ii. contains the Requirements and was taken by the Entrant’s device of the Twitter or Instagram Account used to submit the Entry and was taken after February 1, 2017. If the photograph contains individuals, prior to posting the photograph to Twitter or Instagram, the Entrant confirms that he/she has received consent from each individual, or if the photo contains a minor the minor must be the entrants child that is appearing within the photograph to the post of the Entrant’s Twitter or Instagram Account and he/she has advised this/these individuals that the photograph will be available for public viewing;
- iii. does not violate any law;
- iv. does not contain any reference to any competitors of the Sponsor;
- v. does not contain any prominent and identifiable third parties trademarks, logos or trade dress owned by others unless consent has been obtained from each such corporation;
- vi. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
- vii. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Official Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
NOTE: Only the Entrant who posted the Tweet or Instagram post to @CholulaHotSauce with the Hashtag is eligible for a Prize (as defined in Rule 6 below).
- 5.ELECTRONIC COMMUNICATIONS: By submitting an Entry to the Sweepstakes as describe above, the Entrant agrees to do business with Sponsor electronically and agrees that his/her act of submitting the Entry to the Sweepstakes is a binding form of electronic signature, which binds him/her to these Official Rules.
6. PRIZES AND APPROXIMATE RETAIL VALUES: A total of four (4) prizes (each a “Prize” and collectively, the “Prizes”) are available to be won during the Sweepstakes Period.
- a. Surprize and Delight Prizes: A total of three (3) Surprize and Delight Prizes are available to be won during the Sweepstakes Period. Each Surprize and Delight Prize consists of: (i) a Cholula® Hot Sauce t-shirt (available in men’s small, medium or large); (ii) a Cholula® Hot Sauce stainless steel 17oz water bottle; (iii) a Cholula® Hot Sauce baseball type hat; and (iv) five (5) 150mL bottles of Cholula® Hot Sauce as selected by the Sponsor in its sole and absolute discretion. Approximate retail value of each Surprise and Delight Prize is $80.00 USD.
- b. Grand Prize: There will be one (1) grand Prize available to be won that consists of: (i) one hundred and eight (108) 150mL bottles of Cholula® Hot Sauce as selected by the Sponsor is its sole and absolute discretion; and (ii) custom made Cholula® Hot Sauce tote bag (approximate dimensions are 12” x 12”). Approximate retail value of the grand Prize is $450.00 USD. Note that the one hundred and eight (108) bottles of Cholula® Hot Sauce will be delivered in three (3) shipments to the winner. It is anticipated that each shipment sent will contain thirty-six (36) bottles and a shipment will be sent in April, August and December 2017. Approximate retail value of all Prizes is $690.00 USD. Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash. For merchandise Prizes other than Sponsor’s products (Cholula® Hot Sauce 150mL): (a) Sponsor makes no representation, warranty or guarantee of any kind, including but not limited to the warranty of merchantability or fitness for intended purpose, and (b) Prizes may be subject to availability as to size/color/style and additional restrictions. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component of a Prize with a Prize or Prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Each Prize will only be awarded to the confirmed Prize winner. Selected Entrants must first be verified as the “authorized account holder” (see below) of the Twitter account or Instagram account associated with the selected Entry.
There is a limit of one (1) Surprise and Delight Prize per person and/or household during the Sweepstakes Period. All Entrants including the Surprise and Delight winners are eligible for the grand Prize. Any and all costs/expenses not specifically included in the Prize description are the sole and absolute responsibility of each confirmed winner.
7. WINNER SELECTION:
- a. Surprise and Delight Draws: A random draw for each Surprise and Delight Prize will be held at 3:00 PM EST at the offices of Administrator on the following business day after the applicable Surprise and Delight period from among all eligible Entries received during each Surprise and Delight period. Non-winning Entries will NOT be carried over. The odds of winning a Surprise and Delight Prize depend on the total number of eligible Entries received during the applicable Surprise and Delight entry period.
- b. Grand Prize Draw: A random draw for the grand Prizes will be held on April 5, 2017 at 3:00 PM EST at the office of Administrator from among all eligible Entries received during the Sweepstakes Period. Odds of being selected depend on the total number of eligible Entries received during the Sweepstakes Period.
8. PRIZE NOTIFICATION:
- a. Each selected Entrant will be notified using the direct message (“DM”) feature on Twitter or Instagram. The moderator will send each eligible Entrant a DM within two (2) hours of the applicable draw date and time. Each selected Entrant must respond to the DM within the indicated time frame as indicated within the DM message, or he/she will be disqualified without any liability to the Sponsor, and his/her eligibility to receive the applicable Prize will be forfeited and an alternate eligible Entrant may be randomly selected (as determined by the Sponsor in its sole and absolute discretion) from among the remaining eligible Entries received for the applicable period. Selected Entrants may discontinue following the Sponsor’s Account after the completion of the Sponsor’s affidavit of eligibility, a liability/publicity release as defined in Rule 8b below. It is each selected Entrant’s responsibility to set his or her account settings to accept contacts by the Sponsor and to timely check his or her Account for any such DMs or @Replies. The above process will be repeated until such time as contact is made with four (4) selected Entrants or there are no more eligible Entries for the applicable draw period, whichever comes first. In the event that a selected Entrant fails to answer the DM within the indicated time frame (or if any Twitter or Instagram notification or e-mail is returned as undeliverable or the selected Entrant does not respond to any notification left), such selected Entrant will be disqualified and another Entrant may be selected (as determined by the Sponsor in its sole and absolute discretion) and, if an Entrant is selected, the above process will be repeated.
- b. Before being declared A CONFIRMED PRIZE winner, each selected Entrant will be required to: (i) confirm compliance with these Official Rules; (ii) provide the Sponsor or its designated agent with his/her first and last name; complete mailing address including zip code, e-mail address, date of birth and telephone number; (ii) sign and return within fifteen (15) business days of notification an affidavit of eligibility, a liability/publicity release and a W-9 form, and any other releases required by Sponsor and where not prohibited by applicable law, which (among other things): (a) confirms compliance with these Official Rules; (b) acknowledges acceptance of the applicable Prize (as awarded); (c) releases the Released Parties from any and all liability in connection with this Sweepstakes, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (d) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet (including, but not limited to, any social media platforms). If an eligible winner: (1) fails to return the properly executed affidavit within the specified time; (2) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (3) is determined to be in violation of these Official Rules (all as determined by the Sponsor in its sole and absolute discretion), then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate Entrant. Prizes will be delivered to the confirmed winner within forty-five (45) days of receipt of being confirmed a Prize winner.
9. GENERAL CONDITIONS:
By participating in this Sweepstakes, each Entrant: (i) agrees to be bound by these Official Rules; (ii) agrees to release and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action; and (iii) releases the Released Parties from any and all liability in connection with this Sweepstakes and his/her participation therein. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE OFFICIAL RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website during the Sweepstakes; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Sweepstakes; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Twitter or Instagram Account submitted at the time of entry (as determined in accordance with the official records of Twitter or Instagram). An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter or Instagram Account associated with the selected Entry and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Official Rules.
The Sponsor reserves the right to withdraw, amend or suspend this Sweepstakes (or to amend these Official Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Sweepstakes as contemplated by these Official Rules including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Sweepstakes, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative or other error of any kind, or for any other reason. Notice of such action by Sponsor will be posted on the @CholulaHotSauce Twitter or Instagram page. The decisions of the Sponsor with respect to all aspects of this Sweepstakes are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entrants and/or Entries.
The Sponsor reserves the right, without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entries with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules, or for any other reason. In no event will the Sponsor be liable for more than the stated number of Prizes available to be awarded.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: website and/or point of sale, television, print or online advertising; and/or any instructions or interpretations of these Official Rules given by any representative of the Sponsor; the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.
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 the terms as if the invalid or illegal provision were not contained herein.
By entering, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of a Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in New York, NY, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. The internal, substantive law of New York governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in the Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in New York, NY.
Winners List: To request a copy of the winners list, please send an email to YearOfCholula@gmail.com, with the subject heading: “@CholuaHotSauce #YearOfCholula Winners List Request”. Requests must be received by July 31, 2017.
Sponsor: The Cholula Food Company, Inc., 333 Washington Street Jersey City, New Jersey 07302
Administrator: Fuse Marketing, 379 Adelaide St West, Toronto, ON M5V 1S5
The trademarks Cholula, the Cholula bottle design and the Cholula label design are owned by and used under license from the trademark owner, Salsas de Jalisco Cacu, S.A. de C.V.