Terms And Conditions Heading

Aarón Sánchez x Cholula presents #CholulaInk Sweepstakes
SWEEPSTAKES RULES AND REGULATIONS

NO PURCHASE IS NECESSARY. By entering the Sweepstakes (defined below), entrants agree to abide by these Sweepstakes rules and regulations (the “Official Rules”). The decisions of the Sponsor (as defined below) with respect to all aspects of the Sweepstakes are final. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to the Sponsor and not to Facebook or Instagram. The information you provide will only be used to administer the Sweepstakes in accordance with the Sponsor’s privacy policy and will only be used by the Sponsor in connection with publicity relating to the Sweepstakes. Facebook or Instagram are completely released of all liability by each entrant in the Sweepstakes. This promotion is in no way sponsored, endorsed, administered by or associated with Instagram and/or Facebook. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not Facebook or Instagram. The Sponsor shall not be taken to make any representations, express or implied, as to the lawfulness of any individual's participation, or as to any other aspect of this Sweepstakes.

1. SPONSOR & SWEEPSTAKES PERIOD: The Aarón Sanchez x Cholula presents #CholulaInk Sweepstakes (the “Sweepstakes”) is sponsored by The Cholula Food Company, LLC, [1 Dock Street, Suite 600, Stamford, CT, 06902] (the "Sponsor") and administered by The Fourth Agency, 100 University Ave, 5th Floor, Toronto, Ontario (the "Administrator"). The Sweepstakes commences at 12:00:00 AM Eastern Time (“ET”) on January 06, 2020 and will end at 11:59:59 PM ET on January 09, 2020 (the "Sweepstakes Period") when all entries must be received. All references in these rules are ET, which shall control for all purposes of the Sweepstakes. Administrator's computer is the official time-keeping device for the Sweepstakes.

2. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States (excluding, for clarity, Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions) and the District of Columbia who are 18 years of age or older at the time of entry. Employees of Sponsor, its parent companies, affiliates, subsidiaries, suppliers, advertising and promotion agencies and anyone else connected with the production and distribution of the Sweepstakes (collectively, the “Promotion Parties”) and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each are not eligible to participate or win. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes including but not limited to the administration and operation of the Sweepstakes and the selection of the potential winner. Winning the Prize is contingent upon fulfilling all requirements set forth herein.

3. HOW TO ENTER THE SWEEPSTAKES: To enter the Sweepstakes, you need to be or become a registered user of www.Facebook.com (“Facebook”) or www.Instagram.com (“Instagram”). If you do not have an account, go to www.Facebook.com or www.Instagram.com to create one. Facebook and Instagram accounts are free. By submitting your information and creating a Facebook and/or Instagram account, you agree to the Facebook and/or Instagram Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create a Facebook and/or Instagram account, or participate in the Sweepstakes. Additionally, to enter via Instagram, your account must be set to public. By using Facebook and/or Instagram through a wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your device. Other charges may also be applied by your wireless carrier (consult your wireless plan for details before participating via wireless mobile device).

No Purchase is Necessary. There are two (2) methods of entry into the Sweepstakes and they are as follows:

I. FACEBOOK: During the Sweepstakes Period, the Sponsor will post a Sweepstakes Facebook post (the “Facebook Post”) on their Facebook page https://www.facebook.com/CholulaHotSauce inviting entry into the Sweepstakes. To enter the Sweepstakes, click on the “comment” icon below the Facebook Post with your original comment (“Comment”) in response to the Facebook Post call-to-action. Upon doing so, click “post” and your Comment will be posted as a comment to the Facebook Post and you will receive one (1) entry into the Sweepstakes (subject to compliance with these Official Rules). You are not required to include a hashtag in the Comment and doing so will not increase your odds of winning. Entrants are subject to Facebook’s statement of rights and responsibilities; these can be found at https://www.facebook.com/legal/terms. Sponsor is not responsible in any way for any decisions Facebook makes regarding the entrant's account with Facebook. Limit one (1) entry via the Facebook method of entry. Anyone found using multiple Facebook accounts to enter the Sweepstakes will be ineligible. Anyone found “spamming” by posting multiple updates or comments or by posting duplicates to the Facebook Post will be disqualified.

II. INSTAGRAM: During the Sweepstakes Period, Sponsor will post a Sweepstakes Instagram post (the “Instagram Post”) on their Instagram page https://www.instagram.com/cholulahotsauce/ inviting entry into the Sweepstakes. To enter the Sweepstakes, click on the “comment” icon below the Instagram Post with your Comment in response to the Instagram Post call-to-action. Upon doing so, click “post” and your Comment will be posted as a comment to the Instagram Post and you will receive one (1) entry into the Sweepstakes (subject to compliance with these Official Rules). You are not required to include a hashtag in the Comment and doing so will not increase your odds of winning. Entrants are subject to Instagram’s Terms of Use; these can be found at https://help.instagram.com/478745558852511. Sponsor is not responsible in any way for any decisions Instagram makes regarding the entrant's account with Instagram. Limit one (1) entry via the Instagram method of entry. Anyone found to use multiple Instagram accounts to enter the Sweepstakes will be ineligible. Anyone found “spamming” by posting multiple updates or comments or by posting duplicates to the Sponsor’s Instagram Post will be disqualified.

Do not include any personal information about any friend/family that you tag/mention in your Comment or otherwise include any reference to or likeness of identifiable third parties, unless consent has been obtained from all such individuals and such individuals are eighteen (18) years of age or older. By posting a Comment, you affirm that you have read, understand and agree to these Official Rules. Entrants understand that they are posting at their sole risk. The Sponsor is not responsible for any claims arising from a Comment, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media site’s terms and conditions.

4. ENTRIES: Limit of one (1) entry per social media platform per person during the Sweepstakes Period for a maximum total of two (2) entries. You may only use one (1) Facebook account and one (1) Instagram account to enter the Sweepstakes. Any person who is found to have entered in a fashion not sanctioned by these Official Rules and/or who has submitted more than the number of entries permitted by these Official Rules will be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Multiple entrants are not permitted to share the same social media account or email addresses. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries, which will be void. All entries become the property of the Sponsor upon receipt and none will be returned. Proof of posting an entry is not proof of receipt by Sponsor. Entries must be received during the Sweepstakes Period in order to be entered into the prize draw (see rule 7). In the event an entrant posts inappropriate content, in the sole discretion of the Sponsor, he or she will be disqualified. Any Entries that do not satisfy the requirements set out in rule 5 will be removed and be ineligible for entry into the Sweepstakes.

5. FORMAT AND CONTENT: Each Entry:

i. Must be in English;

ii. Must be no more than 150 words in length;

iii. Must be responsive to the call-to-action in the Facebook Post or Instagram Post;

iv. Must be submitted as a comment to the Facebook Post or Instagram Post;

v. Must not be based on another person’s comment;

vi. Must comply with Facebook’s statement of rights and responsibilities or Instagram’s terms of use (as applicable);

vii. Must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for all persons;

viii. Must not contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content of any kind whatsoever; ix. Must not contain any content that promotes any product or service other than that of the Sponsor;

x. Must not contain any language suggesting or encouraging illegal activity;

xi. Must not contain anything that infringes or that may infringe anyone’s rights, including intellectual property rights;

xii. Must not contain any copyrighted works (other than as owned by the eligible entrant) or third party content that may be subject to and protected by intellectual property laws, including but not limited to music, artwork, video and photographs;

xiii. Must contain entirely original materials that have never before been distributed, shown publicly or published, or selected as a winner in any other Sweepstakes;

xiv. Must not contain any identifiable third party products and/or trade-marks, brands, logos or copyright, other than those of the Sponsor.

xv. Must otherwise comply with the Official Rules.

Sponsor may, in its sole discretion, alter or remove any Comment that is not in compliance with these Official Rules. Sponsor reserves the right to waive the entry requirements in its reasonable discretion.

6. PRIZE: There is one (1) prize (the “Prize”) available to be won, consisting of a trip for two (2) people (the winner and his/her travel guest) to attend the Aarón Sanchez x Cholula Ink Event (the “Event”) on January 22, 2020 in New York City, NY. The Prize includes:

i. round-trip economy airfare for two (2) people from a major airport near winner’s residence (determined by Sponsor in its sole discretion) to New York, NY departing on January 21, 2020 and returning on January 23, 2020;

ii. two (2) nights’ accommodation in a moderate hotel as selected by the Sponsor in a standard room based on double occupancy in New York, NY on January 21, 2020 and January 22, 2020;

iii. two (2) tickets to the Event on January 22, 2020 in New York, NY;

iv. $500.00 USD in spending money in the form of a cheque made payable to the Prize winner;

v. the opportunity for the Prize winner and his/her guest to receive one (1) Tattoo each at the Event; and

vi. 20 cases of 12x5 oz bottles of Cholula Hot Sauce products (240 bottles) as selected by the Sponsor with an approximate retail value (“ARV”) of $840.00 USD awarded in 3 installments over one (1) year and a cheque for $840.00 USD made payable to the Prize winner to purchase up to 240 bottles of 5oz Cholula Hot Sauce products at his/her leisure.

The total ARV of the Prize is $4,680.00 USD based on a round-trip flight for two (2) adults from Los Angeles, CA to New York, NY. Actual value may vary based on airfare fluctuations and distance between departure and destination. Any difference between such approximate retail value and the actual value of the Prize as taken will not be awarded. The winner and his/her travel guest must travel on the same itinerary. There are no deviations to travel allowed. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets. Sponsor is not responsible if the Event is delayed, postponed or cancelled for any reason, in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided except in Sponsor’s sole discretion. The winner and his/her travel guest are responsible for all federal, state, and local taxes on the Prize and costs and expenses not specifically listed above relative to the acceptance and use of the Prize including, without limitation, taxes, meals, food, beverages, insurance, valid travel documentation, transfers to and from the airports, medical/health expenses, gratuities, excess baggage fees, communication charges, and all personal expenses and incidentals. The winner’s travel guest must sign and return the Prize Claim Documents (defined below)prior to issuance of travel documents and must be at least eighteen (18) years of age and the age of majority in his/her jurisdiction of legal residence prior to signing the requisite Prize Claim Documents in order to accompany the Prize winner as his/her travel guest. Travel must take place on dates designated by Sponsor. The dates of departure and return are subject to change at Sponsor’s sole discretion. Travel arrangements are subject to availability, blackout dates and other restrictions. The Prize must be accepted as awarded and may not be sold or transferred and is not convertible to cash. If the Prize winner’s residence is in close enough proximity to New York, NY, as the Sponsor determines in its sole discretion, the Sponsor may provide ground travel in lieu of air travel. The Sponsor reserves the right to substitute a prize in whole or in part in the event that all or any component of the Prize is unavailable. PLEASE NOTE: The Selected Entrant (defined below) may elect to receive 20 cases of 12x5 oz bottles of Cholula Hot Sauce awarded in 3 installments over one (1) year, a cash prize of $840.00 USD issued in the form of a cheque made payable to the confirmed Prize winner as his/her name appears on the Release Form (see rule 8) to purchase the remaining 240 bottles of 5oz Cholula Hot Sauce products at his/her leisure and a cash prize of $3,000.00 USD issued in the form of a cheque made payable to the confirmed Prize winner as his/her name appears on the Release Form in lieu of the Prize as described above.

7. PRIZE DRAW: One (1) random draw will take place by the Administrator in Oakville, ON at 10:00:00 AM ET on January 10, 2020 (the “Draw Date”) from among all eligible entries received to determine the Prize selected entrant (the “Selected Entrant”). Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. The Sponsor will attempt to contact the Selected Entrant by sending a direct private message to the Selected Entrant’s Instagram or Facebook account (depending on the method of entry) or via a reply to their Comment within one (1) business day of the Draw Date. For the purposes of these Official Rules, a “business day” is any day other than a Saturday, Sunday or a statutory holiday in the Province of Ontario, Canada. The Selected Entrant associated with the selected Facebook account or Instagram account will then be asked to reply to the potential winner notification as directed within two (2) business days so that the proper documentation can be issued in accordance with these Official Rules.

8. WINNER NOTIFICATION: To be declared the Prize winner, the Selected Entrant will be required to complete a Declaration of Eligibility and Liability Release (“Release Form”) and, as permitted by law, a Publicity Release (collectively, the “Prize Claim Documents”), to be returned within three (3) business days along with any other documentation that the Sponsor may require or the Prize may be forfeited. The Sponsor shall have no liability if the notification is lost, intercepted or not received by the Selected Entrant for any reason including but not limited to if the notification is returned as unclaimed or undeliverable. If the Selected Entrant (a) does not reply as directed with his/her contact information within two (2) business days; or (b) cannot be reached within three (3) business days of the first notification; or (c) fails to return the properly executed Prize Claim Documents within the specified time, then he/she will be disqualified and another Selected Entrant will be randomly selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of the Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a Selected Entrant is found to be ineligible for any reason, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to the Prize being awarded, the Selected Entrant will be disqualified and an alternate potential Prize winner will be randomly selected. Upon receipt of the completed Prize Claim Documents, the Prize will be coordinated with the winner by the Sponsor.

9. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Parties (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or from an entrants’ acceptance, receipt, possession and/or use or misuse of any Prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. The Promotion Parties assume no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen entries, email or mail or Prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The Sponsor reserves the right to cancel, modify, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes. In the event the Sponsor is prevented from awarding the Prize or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated or suspended before the end of the Sweepstakes Period, notice thereof will be posted on the Sweepstakes Website, Sponsor’s Facebook Account and Sponsor’s Instagram Account and the Sponsor will (if possible) select winner(s) in a random drawing or drawings from all eligible, non-suspect entries legitimately received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. 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. The Sponsor reserves the right to correct clerical or typographical errors in promotional materials or these Official Rules.

10. RIGHTS GRANTED BY YOU. By entering the Sweepstakes and/or accepting the Prize, the entrants consents to the use of his/her name, address (city and state) and/or photograph without further compensation, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Sweepstakes, except to the extent prohibited by law. Further, by entering this Sweepstakes, You understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering the Sweepstakes, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend against or settle any such claims. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

11. By entering and/or accepting the Prize, entrants agree that the Sweepstakes shall be construed in accordance with the governing laws and jurisdiction of the State of New York, excluding its conflict of law rules. As a condition of participating in the Sweepstakes, all entrants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the state or federal courts located in the State of New York.

12. All entries become the permanent property of the Sponsor and none will be returned. The Sweepstakes is subject to all applicable federal, state, and local laws.

13. For the winner’s list, send a self-addressed, stamped envelope by January 31, 2020 to: The Aarón Sanchez x Cholula presents #CholulaInk Sweepstakes - Dept. 4091, PO Box 127 Lenox MA 01240-0127. The winner’s list to be available after January 22, 2020.

14. The Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Sponsor to administer the Sweepstakes and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Sponsor and its affiliates. By entering the Sweepstakes, all entrants consent to the manner of collection, use and disclosure of personal information as set out in the Sponsor’s privacy policy, which is available at https://www.cholula.com/privacy_policy.html.

15. Sponsor. The Sponsor of the Sweepstakes is: The Cholula Food Company, LLC, [1 Dock Street, Suite 600, Stamford, CT, 06902.]

Please submit any questions you have about these terms or any problems concerning the Sweepstakes by email to cholulacontest@thefourthagency.com.