Last Updated: 2023.10.03
TABLE OF CONTENTS
CONSUMER DISCLOSURE
THIS IS A BINDING CONTRACT. YOUR CONTINUED PARTICIPATION AS AN ENTRANT, COMPETITOR, VOTER, OR WINNER IN THE COMPETITION (AS DEFINED BELOW), IN ANY MANNER, SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE RULES, THE TERMS OF USE, AND THE PRIVACY POLICY, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES (DEFINED BELOW) RELATING TO YOUR PARTICIPATION AS AN ENTRANT, VOTER, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
OPERATOR
Colossal Management, LLC ("Operator"), a Delaware limited liability company and for-profit professional/commercial fundraiser, administers www.barboss.org (the “Website”) and the operation of the associated Bar Boss Competition (the “Competition"). The Competition is sponsored by Dos Hombres Mezcal (“Sponsor”). Operator can be reached here.
GENERAL NOTICE
NO PURCHASE OF ALCOHOL OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.
It is not necessary for individuals registering to compete (each an “Entrant” and, collectively, “Entrants”) to pay an entry fee, or tender payment of any kind to enter the Competition. Competition entry open only to individuals that are twenty-one (21) years of age or older (“Eligible Entry Age”) at the time of entry. Further eligibility restrictions listed below.
It is not necessary for individuals submitting votes (each a "Voter" and collectively, "Voters") to pay to cast a vote, although a Voter may choose to do so if they wish to vote more than once per day during the Competition. Void where prohibited or otherwise restricted by applicable law. Purchasing of votes limited to those individuals who are eighteen (18) years or older.
By entering or voting in this Competition, Entrants and Voters accept and unconditionally agree to abide by and be bound by these rules (the “Rules”), the Terms of Use, Privacy Policy, and any decision(s) of Operator. Public voting (votes cast by the public) will decide the Competition winner(s) from those Entrants that have been selected to participate in the Competition (each a “Competitor” and collectively, the “Competitors”). The People's Choice Grand Prize, Master Mixologist Prize, and any Ancillary Promotion prize (defined below) will be awarded in accordance with these Rules. Any violation of the Rules or the Terms of Use, at Operator’s sole discretion, may result in disqualification. Operator, as well as Competitors, shall use all reasonable efforts to ensure that promotion of the Competition or the Competitor's participation in the Competition does not target minors and/or encourage, suggest, or entice underage drinking, as well as ensure that such promotion shall be limited to an audience of legal drinking age/requisite age for licensure as a bartender in the Competitor's respective jurisdiction of residence. All decisions of Operator regarding the Competition are final and binding in all respects.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES.
ELIGIBILITY AND CONSENT
All Entrants must be individuals of Eligible Entry Age at the time of entry. Void where prohibited or otherwise restricted by applicable law.
Officers, directors, and/or employees of Operator and Operator’s parent companies, DTCare, and any applicable charity/ies (collectively, the “Competition Entities”), along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Competition as Competitors or Voters. Ineligible persons also include those individuals who are in the employment of any of the following: (i) the Sponsor or its affiliates, subsidiaries, or parents; (ii) alcohol beverage distributors or wholesalers; (iii) advertising, promotion or media agencies, printers of Competition materials or Competition material suppliers, or other coordinating agencies involved in this Competition; or (iv) or the immediate family members (biological or step-parent, grandparent, child, sibling, spouse of the foregoing) regardless of where they live, or household members (people who share the same residence at least three (3) months out of the year) of each of the above, whether they are related or not.
Any individual who has been declared the Grand Prize Winner (as defined below) in a Bar Boss Competition within the past twenty-four (24) months (from the date the past competition winner was announced), shall be ineligible from entering or participating as a Competitor in the Competition.
Operator will take all reasonable steps to prohibit ineligible Entrants and/or Competitors from entering and/or participating in the Competition. Operator reserves the right, in its sole and absolute discretion, to determine Entrant eligibility or whether to deem an Entrant or Competitor ineligible to enter or participate in the Competition, at any time and for any reason whatsoever, including due to the Entrant or Competitor's inability to fulfill any obligation(s) as a Competitor or Winner (as defined below), as required by Operator and these Rules. By entering the Competition, Entrants/Competitors agree to Operator’s use of their name, biographical information, and any other materials submitted, including the Submitted Photographs (as defined below), for both online and offline direct marketing purposes in connection with the Competition.
BY REGISTERING TO ENTER THE COMPETITION, ENTRANTS/COMPETITORS GRANT OPERATOR AND SPONSOR A LIMITED, NON-EXCLUSIVE, AND NON-TRANSFERABLE LICENSE TO USE THE ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) IN ANY MANNER REASONABLY RELATED TO THE COMPETITION AND/OR FUTURE BAR BOSS COMPETITIONS. INVALID, FALSE, OR DECEPTIVE ENTRIES OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE. BY ENTERING THE COMPETITION, ENTRANTS/COMPETITORS REPRESENT AND WARRANT THAT THEY HAVE READ AND AGREE TO THESE RULES AND MEET ANY/ALL ELIGIBILITY REQUIREMENTS. OPERATOR SHALL NOT BE LIABLE FOR ITS REASONABLE RELIANCE ON ENTRANTS'/COMPETITORS' REPRESENTATIONS AND WARRANTIES.
NOTICE: YOU HAVE NOT YET WON.
HOW TO ENTER
To enter, Entrants must visit www.barboss.org, to complete and submit an official entry form. Entrants must provide all information requested, including, at a minimum, at least one (1) photograph of the Entrant and/or one (1) or more of the Entrant's favorite cocktail(s)/mixed-drink(s) that the Entrant has made, that conform to the specifications required below (the “Submitted Photographs”), using the upload tool and instructions provided.
Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer and anyone appearing in the photographs, to make sure that you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Operator. False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.
Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant/Competitor, including via auto-dialer, email message, or text message, for any purpose relating to the Competition, including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional images (“Additional Photographs”). Entrants/Competitors may contact Operator or reply “STOP”, to withdraw consent to be contacted via auto-dialer, email message, or text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted Photographs, Entrants must otherwise complete the entry forms themselves. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on the Website and digital apps, and otherwise in connection with Operator, the Competition, and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered, for the full duration of the copyright in the applicable Submitted Photographs. By entering this Competition, Entrant represents and warrants that they are of Eligible Entry Age and own or control all necessary rights in the Submitted Photographs to grant Operator the rights described herein.
Submission of a qualifying entry grants Operator, Sponsor and their representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to grant to Operator and Sponsor a limited, non-transferable license, to use, adapt, edit, and/or modify the entry in any manner it so chooses and for any other purpose whatsoever, in connection with the Competition and any future competition(s).
Only one (1) entry per person will be accepted; all subsequent entries will be disregarded, and any duplicates removed. Limit of one (1) Entrant per entry submission. Entrants may submit their entry forms and photographs using the above procedures anytime on or before December 12, 2023 (the “Entry Deadline”). After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants/Competitors may be requested to submit Additional Photographs for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Operator), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
UPON ENTRY TO THE COMPETITION, COMPETITORS SHALL BE PROHIBITED FROM VOTING BY DONATION AND/OR CASTING VOTES BY DONATION FOR THEMSELVES.
HOW TO VOTE
COMPETITORS ARE NOT PERMITTED TO DONATE OR PAY FOR VOTES FOR THEMSELVES. COMPETITORS ARE ALSO PROHIBITED FROM CASTING VOTES BY DONATION FOR THEMSELVES. COMPETITORS CAUGHT PAYING FOR VOTES, OR CASTING VOTES BY DONATION, FOR THEMSELVES, MAY BE SUBJECT TO DISQUALIFICATION. THE USE OF A COMPETITOR'S PAYMENT METHOD(S) (PERSONAL, BUSINESS, ETC.) OR FUNDS, TO DONATE OR PAY FOR VOTES TO CAST FOR THAT COMPETITOR IS STRICTLY PROHIBITED. All Voters voting by donation/casting votes by donation must be at least eighteen (18) years or older on the date that their donations/votes by donation are made/cast.
Voters can vote by doing the following: (a) all Voters will earn one (1) free vote every twenty-four (24) hours, which they can cast for their favorite Competitor, after Operator verifies Voter eligibility (whether via Facebook, SMS verification, payment method verification, or other process); and/or (b) Voters of eligible age can donate to cast additional votes (for one or more Competitors). Voters that have verified eligibility via payment method may be entitled to one (1) additional free vote every twenty-four (24) hours. Operator retains the right to provide additional means of voting (e.g. 2-for-1 votes), which may be offered to voters at any point during the Competition, at its sole discretion. “Qualifying Votes” are those placed in accordance with these Rules and the Terms of Use, which can also be found on the Website.
The winning Competitor(s) of each round of the Competition will be determined based upon the number of Qualifying Votes received, with those receiving the highest number of Qualifying Votes deemed the winner(s) of that round. “Bot” activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted, if discovered. If this type of false voting is detected, the individual, associated IP address, email address, and mobile phone number will be banned from voting. At its sole discretion, Operator reserves the right to disqualify Competitors suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity Operator deems unfair. Operator reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process, or the operation of the Competition, in any way.
COMPETITION SCHEDULE
OPERATOR WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION AS COMPETITORS. Upon entry, Competitors will be divided into groups and advance to the initial public voting round. Subsequent public voting rounds (individually a "Round" and, collectively, the “Rounds”) will progressively reduce the number of Competitors. Public voting begins December 4, 2023.
NOTIFICATION TO COMPETITORS
Advancing Competitors for each Round, the People's Choice Grand Prize Winner, and the Master Mixologist Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the People's Choice Grand Prize Winner or Master Mixologist Prize Winner, your information may also be included on the Website and/or on a publicly available “Winners List”.
PEOPLE'S CHOICE GRAND PRIZE
The one (1) verified People's Choice Grand Prize Winner in the Competition will receive a prize package valued at an approximate maximum retail value (ARV) of $30,000.00, comprised of (a) a $10,000 cash honorarium, and (b) the $20,000.00 estimated value of attending an exclusive photo shoot, to be photographed to be featured on the cover and in a minimum two-page (2-page) spread in Bartender magazine (the "Photo Shoot"), with the exact number of pages for the interior-page pictorial to be determined by Operator (the “People's Choice Grand Prize”). The People's Choice Grand Prize Winner may refer to themselves as the “Bar Boss” or the "Bar Boss Winner" in written and/or descriptive materials, but only if such use(s) and display(s) is/are purely non-commercial and in no event suggest or create any confusion whatsoever that Operator or Bartender Magazine is endorsing or participating in any manner related to the use of their name, logos, or fonts.
The People's Choice Grand Prize Winner must be able to travel to the Photo Shoot within fourteen (14) days of the conclusion of the Competition. Specific date(s) of the Photo Shoot to be determined by Operator. The People's Choice Grand Prize Winner must have all necessary travel documents at the time of travel, including passport and any requisite/applicable Covid-19 vaccination/testing documentation. If the People's Choice Grand Prize Winner is not available for the Photo Shoot for any reason, including due to death or incapacitation of the People's Choice Grand Prize Winner, Operator may select an alternate winner (“Alternate People's Choice Winner”), by determining the Competitor with the next-highest number of votes from the Finals, and the People's Choice Grand Prize will be transferred to said Alternate People's Choice Winner. Winnings/Prize(s) will be provided only after receiving all necessary documentation in compliance with Competition eligibility.
For the Photo Shoot: the People's Choice Grand Prize Winner and one guest (if applicable) will be flown via round-trip coach airfare from a major United States airport that is situated near the People's Choice Grand Prize Winner’s residence, as determined by Operator, to a major airport located near the location of the Photo Shoot; will be accommodated in a hotel/resort designated by Operator for a minimum of 3 days/2 nights (1 queen or king-size bed) for the purposes of participating in the Photo Shoot and to complete additional tasks and possible public relations appearances; and will receive meals (selected by Operator) and ground transportation (selected by Operator). Any changes in travel once flights or other arrangements are reserved will be the financial responsibility of the changing party.
MASTER MIXOLOGIST PRIZE
Upon entry into the Quarterfinals, any time between January 15, 2024 and January 25, 2024, Quarterfinalists will be able to submit (a) an original cocktail recipe that uses at least one (1) ounce of Dos Hombres Mezcal and (b) a "presentation" photo of the cocktail that the Quarterfinalist has made, by following submission instructions at www.barboss.org. Based upon the recipe and photo presentation, Bartender Magazine will select one (1) Quarterfinalist from all eligible recipe/photo submissions as the "Master Mixologist" Prize Winner.
The one (1) verified Master Mixologist Prize Winner in the Competition will receive a prize package valued at an approximate maximum retail value (ARV) of $5,000.00, comprised of traveling to attend an exclusive photo shoot (the "Master Mixologist Photo Shoot") in order to be photographed to be featured in a minimum one (1) full-page feature in Bartender magazine (the “Master Mixologist Prize”). The Master Mixologist Prize Winner may refer to themselves as “Master Mixologist” or the "Master Mixologist Winner" in written and/or descriptive materials, but only if such use(s) and display(s) is/are purely non-commercial and in no event suggest or create any confusion whatsoever that Operator or Bartender magazine is endorsing or participating in any manner related to the use of their name, logos, or fonts.
The Master Mixologist Prize Winner must be able to travel to the Master Mixologist Photo Shoot within fourteen (14) days of the conclusion of the Competition. Specific date(s) of the Master Mixologist Photo Shoot to be determined by Operator. The Master Mixologist Prize Winner must have all necessary travel documents at that time, including passport and any requisite Covid-19 vaccination/testing documentation, if applicable. Winnings/Prize(s) will be provided only after receiving all necessary documentation in compliance with Competition eligibility.
The Master Mixologist Prize Winner and up to one (1) guest (if applicable) will be flown via round-trip coach airfare from a major United States airport that is situated near the Master Mixologist Prize Winner’s residence, as determined by Operator, to a major airport located near the location of the Master Mixologist Photo Shoot; will be accommodated in a hotel/resort designated by Operator for a minimum of 3 days/2 nights (1 queen or king-size bed) for the purposes of participating in the Master Mixologist Photo Shoot and to potentially complete additional tasks and possible public relations appearances; and will receive meals (selected by Operator) and ground transportation (selected by Operator). Any changes in travel once flights or other arrangements are reserved will be the financial responsibility of the changing party.
PRIZE WINNER ACKNOWLEDGMENT
The People's Choice Grand Prize Winner and Master Mixologist Prize Winner will be announced on the Website. By agreeing to appear as a winner in the Competition, the People's Choice Grand Prize Winner and Master Mixologist Prize Winner consent to the use of their name, photos/videos (including any applicable photo shoot, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the Bar Boss brand, including without limitation, the Bar Boss Competition and in print and digital materials in the United States and any countries where the Bar Boss brand exists, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited. In the event there is an occurrence beyond Operator’s control, including but not limited to a force majeure, or act of nature, etc., Operator may elect, in its sole discretion, to offer a cash equivalency for any portion of the People's Choice Grand Prize and/or Master Mixologist Prize, in substitution for the current People's Choice Grand Prize and/or Master Mixologist Prize as described herein in this Section. By accepting the Prize package or money, the People's Choice Grand Prize Winner and Master Mixologist Prize Winner acknowledge compliance with these Rules. To the extent that any United States federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the People's Choice Grand Prize Winner and/or Master Mixologist Prize Winner, the People's Choice Grand Prize Winner and Master Mixologist Prize Winner shall be solely responsible for the reporting and payment of such taxes. Actual/appraised value may differ from the ARV at time of People's Choice Grand Prize award and/or Master Mixologist Prize award. Neither the People's Choice Grand Prize Winner nor the Master Mixologist Prize Winner will receive the difference between the actual value of the People's Choice Grand Prize or Master Mixologist Prize, or any People's Choice Grand Prize or Master Mixologist Prize component and the ARV of such People's Choice Grand Prize or Master Mixologist Prize, or People's Choice Grand Prize or Master Mixologist Prize component.
ANCILLARY PROMOTIONS
Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:
CONDUCT
FAILURE TO COMPLY WITH THESE RULES AND/OR THE TERMS OF USE MAY RESULT IN DISQUALIFICATION. Operator reserves the right, in its sole discretion, to take action against any individual participating in the Competition as a Competitor or a Voter, including removal from the Competition or the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules or the Terms of Use; (b) acting in any manner deemed by Operator to be harmful to the Competition, other Competitors, etc.; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with or undermining the entry or voting process(es), the operation of the Competition, or to be in breach of these Rules and/or the Terms of Use. ANY ACTION BY AN ENTRANT, COMPETITOR, VOTER, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW.
REQUIREMENTS AND CONSENT OF WINNER(S)
Any potential People's Choice Prize, Master Mixologist, or Ancillary Promotion Winner (“Potential Winner”) will be required to execute an affidavit of eligibility, a liability/publicity release, Competitor release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee's use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator nor Sponsor shall be responsible for any failure to notify Operator of any change in address of Entrant(s), Competitor(s), or Voter(s). By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner from any activity at any time, if Operator determines that the Winner’s behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator, or otherwise violates the policies of the prize providers.
WAIVER AND LIMITATIONS OF LIABILITY
PARTICIPANTS (TO INCLUDE ENTRANTS, COMPETITORS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, DTCARE, PROMOTION ENTITIES, APPLICABLE CHARITIES, COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, COMPETITOR VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Competition, Participants further agree to release and hold harmless the Competition Entities from and against any claim: (a) of ambiguity or error in the Competition, these Rules, the Terms of Use, or the Privacy Policy; (b) related to lost, late, incomplete, or misdirected entries or votes; (c) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Competition-related activity or participation in this Competition; (d) for copyright infringement or violation of the right of publicity based on use of the Submitted or Additional Photographs by Operator or Sponsor; or (e) due to any error in the offering or announcement of any prize.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS, COMPETITORS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION
You, Operator and Sponsor agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Rules, the Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Terms of Use, Entrant, Competitor, and/or Voter rights and obligations, the rights and obligations of Operator and/or Sponsor, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Maricopa County, Arizona, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its attorneys' fees and arbitration fees and costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
TERMINATION
If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Operator and Sponsor shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
COMPETITION WITHDRAWAL REQUEST
By participating in the Competition as Competitor or Voter, you understand that a Competition withdraw request or request for removal from the Competition can take up to forty-eight (48) hours to be processed and that a profile may still remain active during this length of time. Voters and Competitors both acknowledge and agree that no refunds will be given upon a Competitor’s request for removal from the Competition. As such, Operator does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Voters. By voting, you understand and acknowledge that no refunds will be offered should a Competitor be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.
NO REFUND POLICY
Since the Competition will be decided based upon votes the public casts, there are no refunds once a vote is cast. As a Voter, you are responsible for understanding this policy. To maintain the integrity of the Competition, there will be no exceptions to this policy.
All donations are immediately final and non-refundable. By making a donation, you acknowledge you have read and agreed to the Competition's "No Refund Policy", as written herein.
DONATION
The Competition is operated as part of a fundraising campaign (“Campaign”) for DTCare, a United States 501(c)(3) public charity organization. Donations raised from votes by donation cast during this Competition go directly to DTCare, which will subsequently grant the donations, minus Competition fees (29.5%) and variable costs (including payment processing fees, operating and prize costs, etc., not to exceed 20.5%), which shall include a nominal percentage (1%) retained by DTCare, to the Designated Grantee listed below. DTCare retains exclusive custody and control over all funds raised during the Competition.
Donation funds are immediately received by DTCare, upon votes being cast. DTCare then distributes the donations to the Designated Grantee (minus fees, costs, etc.), within thirty (30) days after the conclusion of the Competition.
VOTER DONATION CONTRIBUTIONS ARE DEDUCTIBLE FOR U.S. FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH APPLICABLE LAW.
DESIGNATED GRANTEE
The Designated Grantee for the Competition is Kind Campaign, a U.S. non-profit 501(c)(3) charity organization with a mission to bring awareness and healing to the negative and lasting effects of girl-against-girl bullying, through its global movement, documentary film, in-school assemblies, and educational curriculums.
DTCare has verified that the Designated Grantee meets all necessary grant recipient requirements. If, at any time, the Designated Grantee no longer meets these requirements, including due to loss of the Designated Grantee’s qualified 501(c)(3) status, DTCare will determine an alternative non-profit grantee recipient which will then receive the donation funds.
AGREEMENT
These are the complete Rules which, in combination with the Terms of Use, and Privacy Policy, govern your use of the Website and any participation by you as an Entrant, Competitor, Voter, or Winner in the Competition. Nothing published or said elsewhere should be viewed as a modification of these Rules, the Terms of Use, or the Privacy Policy.
SEVERABILITY
If any term or provision in these Rules, the Terms of Use, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms of Use, and the Privacy Policy shall continue in full force and effect.
CONTACT INFORMATION
If you have any questions or comments about the Competition as outlined above or would like to request the name of the People's Choice Grand Prize Winner and/or Master Mixologist Prize Winner, please contact Operator here.
NO AFFILIATION
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by Colossal Management, LLC, on behalf of DTCare.