OFFICIAL RULES

 

Rancho La Gloria

Arte Agave Giveaway

Social Media Sweepstakes

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

 

MUST BE 21 YEARS OF AGE OR OLDER TO ENTER OR WIN.

 

NO PURCHASE OF ALCOHOL OR PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.

 

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THIS SWEEPSTAKES IS ONLY OPEN TO LEGAL RESIDENTS OF THE U.S.A 21 YEARS OR OLDER.

 

 

ENTRY PERIOD: The Arte Agave Social Media Giveaway (the “Sweepstakes”) begins on October 25, 2023 at 5:00pm (UTC) Coordinated Universal Time and ends on October 26, 2023 at 5:00 pm (UTC) Coordinated Universal Time (“Sweepstakes Period”).

SPONSOR: MPL Brands NV, Inc. 3960 Howard Hughes Parkway, Suite 500-6001, Las Vegas, NV, 89169 (the “Sponsor”)

 

ADMINISTRATOR: MPL Brands NV, Inc. 3960 Howard Hughes Parkway, Suite 500-6001, Las Vegas, NV, 89169 (the “Administrator”)

 

ELIGIBILITY: The Sweepstakes open only to natural persons who are legal residents of the United States of America, who are 21 years of age or older at the time of entry (“Entrant”). Persons in any of the following categories are not eligible to participate or win a Prize:  (a) persons who are employees or agents of the Sponsor, the Administrator, their respective parent companies, affiliates, divisions, prize providers, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors or retailers of alcohol beverage products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (collectively, “Released Parties”). All federal, state and local laws and regulations apply. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law.

HOW TO ENTER:

Instagram: By visiting https://www.instagram.com/drinkrancho/ (“Instagram”), the Entrants will be instructed to complete a series of tasks on the Sweepstakes entry post. Each completed and confirmed entry will generate one (1) Sweepstakes entry during the Sweepstakes Period.

ODDS OF WINNING: Odds of winning a prize will be determined by the total number of eligible entries received through all entry methods combined.

WINNER SELECTION, NOTIFICATION & VERIFICATION: 

One (1) potential grand prize winner (“Grand Prize Winner”) will be drawn randomly on or around October 26, 2023 at or around 05:00 pm (UTC) Coordinated Universal Time from among all eligible entries received during the Sweepstakes Period in accordance with these Official Rules through the entry methods offered (the Grand Prize Winner may be referred to as a “Winner“). The intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. The potential Winner will be notified on or around October 26, 2023 at 05:00 pm (UTC) Coordinated Universal Time using the information provided in their Entry. All drawings will be conducted by the Sponsor or Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. The Sponsor or Administrator will randomly select the potential Winner at the drawing. The decisions of Sponsor are final and binding in all matters relating to the Sweepstakes. The awarding of the prize is subject to verification of each potential Winner’s eligibility. The potential Winner will be notified by direct message and will be required to sign and return an affidavit of eligibility, including furnishing valid proof of age and eligibility in a form prescribed by Administrator and/or Sponsor (for example, a copy of a valid driver’s license, birth certificate or passport) and may be required to sign and return a liability and publicity release (except where prohibited by law) within five (5) days of notification. If any prize notification is returned as undeliverable, a potential Winner cannot be contacted, 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 in a random drawing from among the remaining entries received. Any alternates selected will also be required to verify eligibility and claim their prize within five (5) days. Upon prize forfeiture, no compensation will be given. Sponsor is not responsible for changed, suspended or discontinued internet, email address, land line, phone number, or wireless service which may result in potential Winner not receiving initial prize notification or communication from Sponsor.

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. 

SPONSOR’S AND/OR ADMINISTRATOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. 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.

PRIZES: One (1) grand prize will be awarded. The Grand Prize Winner will  receive two VIP tickets to the Arte Agave festival in Austin, TX on October 27,2023. Alcoholic beverages are not part of the prize. 

Total Approximate retail value (“ARV”) of all Prizes is $138.00 

PRIZE CONDITIONS: 

Prize(s) are non-transferable, non-refundable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein. A Winner is not entitled to exchange or transfer prizes or to obtain other substitutes, provided, however, Sponsor reserves the sole right to substitute prizes or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason. Alcohol is not part of any prize.  Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, the applicable Winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize. Upon awarding the prize, Sponsor will have no further obligation to Winner. 

ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

 

TAXES: Any valuation of a prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The value of the prize won by a participant in the Sweepstakes may be taxable as income to its winner. All federal, state and local income and other taxes on the prize(s) are the sole responsibility of the applicable Winner, regardless of whether such prize is used in whole or in part. Winner must provide the Administrator and/or Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. 

LIMITATION OF LIABILITY, INDEMNIFICATION AND RELEASE: 

By entering, each Entrant agrees to: (a) release, waive any and all claims or liabilitiy against, and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective parent, subsidiary, affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, damage, loss and liability of any kind, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (b) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of prize.

Winner acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize. All Entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, stolen, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any travel, event or exhibition.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. The Released Parties are not responsible for lost or stolen mail in entries, or 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 or Administrator to notify the potential Winners. Normal internet access and usage charges imposed by the Entrant’s internet service provider may apply and are the Entrant’s sole responsibility. If entering via mobile device, standard data/text messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier and are your responsibility to pay. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance and are your responsibility to pay. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes if you have any questions or concerns. Not all carriers will participate. Check your device’s capabilities for specific instructions. If applicable, response text messages to you will be sent from an automated system. All entries become the property of Sponsor and will not be returned.

The Released Parties are not responsible or liable to any Entrant or Winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, pandemic, epidemic, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ control. 

As a condition of participating in the Sweepstakes, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant.

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 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, 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. 

PUBLICITY: By entering this Sweepstakes, each Entrant gives his/her express permission to be contacted by Sponsor and/or Administrator by telephone, email and/or postal mail for Sweepstakes purposes.  Each Winner, by acceptance of a prize, grants Sponsor and Administrator and each of their respective designees the right to publicize such Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. By accepting the prize, a Winner hereby agrees to, where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness prior to acceptance of the prize. By participating, where allowed by law, all Winner(s) grant Sponsor permission to use their names, characters, photographs, voices, and likenesses world-wide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Winner(s) further agrees that his/her name may be included in a publicly available winners’ list. 

GENERAL CONDITIONS: 

By entering this Sweepstakes, each Entrant agrees to comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes.  Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term or failure to assert any right hereunder, will not constitute a waiver of that provision or excuse the subsequent performance or non-performance of any such term or condition by entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. This Sweepstakes is subject to all applicable federal, state, and local laws. This Sweepstakes is void where prohibited.

Sponsor and Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes (or any part of it) if any fraud, technical failures or any other factor beyond Sponsor’s or Administrator’s reasonable control, including but not limited to, viruses, worms, bugs, fraud, technical failures, non-authorized human intervention, impairs the administration, security, fairness, integrity or proper functioning of the Sweepstakes, as determined by Sponsor or Administrator in its sole discretion. In the event the Sweepstakes is canceled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Prizes from among all eligible entries received prior to cancellation.

No more than the stated number of prizes will be awarded. One 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 by a random drawing among all legitimate, unawarded, eligible prize claims. By accepting the 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 said prize.

In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address and/or mobile phone number associated with the entry, provided that person is eligible. Winner(s) may be required to show proof of being the registered account holder. “Registered account holder” is defined as the person assigned to an email address by an Internet access provider, an organization responsible for assigning email addresses for the applicable domain, or to the responsible party associated with the account connected to the mobile number. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified.

Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor and Administrator, will be disqualified and all associated entries will be void.  Any attempt by an entrant to deliberately damage any website involved in the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including, without limitation, criminal prosecution, and damages, including, without limitation, attorneys’ fees and expenses, from any such entrant to the fullest extent of the law. Sponsor and Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.

Normal internet access and usage charges imposed by the Entrant’s internet service provider may apply and are the Entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by the Entrant’s phone service provider may apply and are the entrant’s sole responsibility.

GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Nevada.

DISPUTE RESOLUTION: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

Entrant, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties“) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration (in each case, a “Dispute“); provided, however, (a) Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to, San Francisco, California and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.

The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator in an arbitration administered by the American Arbitration Association (“AAA“) or any other mutually agreeable arbitration administration service.  The arbitration may be conducted in person, through the submission of documents, by phone, or online.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website: www.adr.org, unless otherwise mutually agreed between the parties. If an in-person hearing is required, except as otherwise required by applicable AAA rules or applicable law, then it will take place in San Francisco, California or other location determined by the Sponsor. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the Dispute must be brought in a court of competent jurisdiction in San Francisco, California. Sponsor agrees to pay the administrative and arbitrator’s fees to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco, California and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Sweepstakes be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and each Party also agree that each Party may bring claims against the other in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

COLLECTION AND USE OF PERSONAL INFORMATION: 

All information submitted by Entrant will be treated according to Sponsor’s privacy notice available at https://www.patcobrands.com/privacy-policy/ (“Privacy Notice”). By participating in the Sweepstakes and providing your email address, name, mailing address, mobile phone number and/or other personal data, Entrant hereby agrees to Sponsor’s collection and usage of their personal information and acknowledges that they have read and accepted Sponsor’s Privacy Notice.

By entering this Sweepstakes, each Entrant gives express permission to be contacted by Sponsor and/or Administrator by telephone, email and/or postal mail for Sweepstakes purposes. Winner(s) further agrees that his/her name may be included in a publicly available winners’ list. On occasion an Entrant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that entrant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Sweepstakes, entrant understands and acknowledges that information (including entrant’s personally identifiable information) provided will be collected independently by Sponsor and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Sweepstakes, and consent to opt-in will not improve your chances of winning. 

Notice to California, Colorado, Connecticut, Utah and Virginia Residents: Sponsor is collecting your personal information in connection with your entry in this Sweepstakes. Sponsor may use and retain the Entrant’s personal information to enable it to send Entrants notifications regarding the Sweepstakes, to send an Entrant any prize that they have won, to verify eligibility, to verify that these rules have been complied with, for accounting purposes and for other purposes permitted by Sponsor’s Privacy Policy. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to administration of the Sweepstakes, including without limitation, the award of a prize. Please refer to Sponsor’s Privacy Policy, which includes Sponsor’s State Specific Consumer Notice at Collection at https://www.patcobrands.com/privacy-policy/ for more information on Sponsor’s collection, use and disclosure of your personal information, as well as your rights and how to exercise them. 

 

WINNERS LIST: For a Winner(s) List, visit https://www.instagram.com/drinkrancho/ no earlier than 30 days after the Sweepstakes has ended.

THIRD PARTY REFERENCES: Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram.

PLEASE DRINK RESPONSIBLY.

 

Copyright 2023 MPL Brands NV, Inc.