CUERVO^® CHICAGO STREET RACE™_ TEXT-TO-WIN SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

MESSAGE AND DATA RATES MAY APPLY.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINSTERED BY, OR ASSOCIATED WITH INSTAGRAM OR FACEBOOK. 

1. SWEEPSTAKES DETAILS

The Cuervo® Chicago Street Race Text to Win (“Sweepstakes”), begins at 12:00 AM Eastern Time (“ET”) on May 13, 2024 and will end 11:59:59 PM ET on June 28, 2024 (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.

2. ELIGIBILITY 

This Sweepstakes is open only to legal residents of Illinois, who are at least twenty-one (21) years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, vendors (collectively, “Sweepstakes Entities”), NASCAR Events and Entertainment, LLC (“NEE”), National Association for Stock Car Auto Racing, LLC (“NASCAR”), the City of Chicago, The Chicago Convention and Tourism Bureau d/b/a Choose Chicago, and the Chicago Sports Commission (collectively, the “Chicago Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, alcoholic beverage suppliers, wholesalers, distributors, and importers, and alcoholic beverage retailers and their employees and family members are not eligible to enter or win. All applicable federal, state, and local laws and regulations apply. Void outside of IL and where prohibited or restricted by law. 

3. SPONSOR AND ADMINISTRATOR

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

Administrator: Avid Marketing Group (“Administrator”), 100 Corporate Place, Suite 200, Rocky Hill, CT 06067-1008.

4. HOW TO ENTER

There are four (4) ways to enter this Sweepstakes:

1) Text Method of Entry:  During the Sweepstakes Period, eligible entrants may access the entry form by texting from their SMS-enabled mobile device the keyword “RACE” (“Keyword”) to the short code 24272 (“Short Code”).  Once the text message is received, the entrant will be sent a reply text message asking entrant to provide their date of birth, state location, a valid email address, and full first/last name (no initials).  Upon receipt of the required information entrant will receive one (1) entry into the Sweepstakes (“Text Message Entry”).  Only text messages to the Short Code with a valid Keyword and required information will be accepted as a valid Text Message Entry.  IMPORTANT:  Message and data rates may apply for each text message sent or received. Not all mobile telephone providers carry the service necessary to enter this Sweepstakes.  Entrants should reference their wireless provider’s pricing plans. NOTE: By texting the Keyword to the Short Code, you provide to the Sponsor and Administrator your express written consent for you to receive text messages from Sponsor using automated technology in response to your entry related to this Sweepstakes. Consent to receive text messages is not required or a condition of any purchase. An entrant may, at any time, choose to stop participating in this Sweepstakes by sending an opt-out text message stating “STOP” to the Short Code. If entrant sends an opt-out text message, they will be sent a reply text message, which will confirm that they have been unsubscribed and will receive no further text messages. For help, text the word “HELP” to the Short Code. Each Text Message Entry must be manually key-stroked/entered by the entrant. 

2) Alternate Method of Entry: To enter the Sweepstakes without sending a text message, eligible entrants may send an email to promotionalsweepstakes@avidinc.com with your full first/last name, date of birth, state of residence, and a valid email address with the subject line labeled: PRO6616509W Cuervo Chicago Street Race TTW Sweeps (“Alternate Entry”). Upon receipt of a valid Alternate Entry, entrant will receive one (1) entry into the Sweepstakes. 

3) Instagram Method of Entry: Enter via Instagram by first following?the @josecuervotequila official Instagram account. Complete the Sweepstakes entry form that includes email, first name, last name, zip code and phone number to receive an entry.  Due to the way Instagram operates its services, entries from Instagram users with "protected" accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may not be received. You must be a registered member of Instagram. Membership on Instagram is free and can be accessed on any computer or, compatible mobile device. Following the official @josecuervotequila Instagram page prior to Sweepstakes entry will serve as an age gate to ensure you are twenty-one (21) years or older. If you are NOT twenty-one (21) years or older, you will not be permitted to follow the @josecuervotequila official Instagram page, and therefore not be able to submit an entry into the Sweepstakes.  

4) Facebook Method of Entry: Enter via Facebook by first following?the Jose Cuervo official Facebook account. Complete the Sweepstakes entry form that includes email, first name, last name, zip code and phone number to receive an entry.  You must be a registered member of Facebook. Membership on Facebook is free and can be accessed on any computer or compatible mobile device. Following the official Jose Cuervo Facebook page prior to Sweepstakes entry will serve as an age gate to ensure you are twenty-one (21) years or older. If you are NOT twenty-one (21) years or older, you will not be permitted to follow the Jose Cuervo official Facebook page, and therefore not be able to submit an entry into the Sweepstakes.

Limit: Regardless of the method of entry, there is a limit of one (1) entry per person during the Sweepstakes Period.  Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries using automated systems, multiple/different email addresses, identities, registrations, mobile device numbers, or any other methods will void that entrant’s entries and will result in disqualification. 

If entering via Instagram or Facebook, an entrant must have a valid Instagram or Facebook account. Entrants may create an account at no cost by logging on to http://instagram.com or http://facebook.com. Creation of an account requires entrant to agree to the platform’s Terms of Service and Privacy Policy, available at https://help.instagram.com/581066165581870/?locale=en_US and https://www.facebook.com/terms.php. Each Privacy Policy may be viewed at https://privacycenter.instagram.com/policy/, https://www.facebook.com/privacy/policy/, respectively.?  

Winning a prize, as defined below, is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of this Sweepstakes, an entrant’s e-mail address will be the e-mail address submitted at the time of entry. Entrants will not be allowed to change their e-mail address.

5. RANDOM DRAWINGS

Winner selection will be conducted by Administrator, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Sweepstakes.  Administrator will randomly select five (5) potential winners from all eligible entries received during the Sweepstakes Period on or around July 1, 2024. 

6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)

FIVE (5) PRIZES: Each prize is two (2) (for winner + one (1) adult guest age 21+) general admission two (2) day passes to the NASCAR Chicago Street Race™ on July 6, 2024 and July 7, 2024 (“Prize”). Travel and transportation are not included in the Prize. Tickets are subject to standard terms and conditions as indicated on the ticket and venue protocols. There will be five (5) total Prizes available.  The ARV of each Prize is $480.  Total ARV of all available Prizes is $2,400. The odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. 

Limit one (1) Prize per person.

Sponsor/Administrator, NEE, NASCAR, the Chicago Entities are not responsible for, and winner will not receive any difference between the actual value and ARV of the Prize. Prizes offered and awarded are not redeemable for cash. Prize details not specified herein shall be determined solely by Sponsor. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed Prize, or component thereof, for one of equal or greater value if the designated Prize becomes unavailable for any reason. Alcohol beverages are not part of any Prize.

7. VERIFICATION OF POTENTIAL WINNERS

Potential winners will be notified by email or phone after the random drawing date with instructions on how to claim the Prize.    Before being declared a winner, each potential winner will be required to execute a declaration of Eligibility/Liability & Publicity Release and tax acknowledgment (“Declaration”), sent with the e-mail notification in order to formally accept the Prize.  The winners must respond to the winner notification email and provide the completed Declaration and any other required winner documentation within twenty-four (24) hours of receipt of the notification.  If a Prize notification is returned as undeliverable, or if a potential winner fails to complete the Prize claim documents within the stated time period, does not comply with these Official Rules, or if a potential Prize winner cannot accept the Prize as stated, or if Sponsor, in its sole discretion, deems the potential winner ineligible to receive the prize for any reason, the corresponding Prize will be forfeited in its entirety. Sponsor may choose to award the Prize (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Administrator/Sponsor will make best efforts to award all Prizes. If a Prize remains unawarded after three (3) re-draws, the Prize will remain unawarded.

8. ENTRY CONDITIONS AND RELEASE

By entering, each participant agrees to: (a) 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; (b) except where prohibited, release and hold harmless Sponsor, Administrator, Meta Platforms Inc. (including but not limited to Facebook and Instagram), the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, NEE, NASCAR, the Chicago Entities and each of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees, shareholders, members, successors, and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, 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, illness, death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) except where prohibited, 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 the Prize.

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

9. PUBLICITY

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

10. GENERAL CONDITIONS

Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, illegible, garbled or damaged entries, Prize claims, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, 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 or Prize claims, the announcement of the Prize or in any Sweepstakes-related materials. 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. 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 Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. 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. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Neither Sponsor, the Released Parties nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any Prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

11. LIMITATIONS OF LIABILITY

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the 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. No more than the stated number of Prizes will be awarded. 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.

If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

12. CHOICE OF LAWS AND DISPUTES

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

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

13. ENTRANT’S PERSONAL INFORMATION. 

Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available at https://proximospirits.com/privacy/ and Administrator’s Privacy Policy which is available at https://www.avidinc.com/terms. 

14. WINNERS LIST

For a list of winners, please send a self-addressed stamped envelope to “PRO6616509W Cuervo Chicago Street Race TTW – Winner’s List”, c/o Avid Marketing Group P.O. Box 1008, Rocky Hill, CT 06067-1008.  Requests must be received by September 1, 2024.

Trademarks owned by Becle, S.A.B. de C.V. ©2024 Proximo, Jersey City, NJ. Please drink responsibly.

Meta Platforms Inc., is not a sponsor nor endorses this Offer in any way.  Any information you are providing is being provided to Sponsor/Administrator, not Meta Platforms, Inc.

NASCAR Events and Entertainment, LLC, NASCAR, LLC, the Chicago Entities are not sponsors of this promotion. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, LLC.  The NASCAR Chicago Street Race™ work mark and logo are used under license by NEE and the Chicago Entities.

STANDARD NASCAR LEGAL COMMENTS 5/10/24

As a courtesy, some of the following comments/edits have been incorporated in the Official Rules above.  However, please ensure all such change(s) are made consistently throughout any additional materials (creative, print, etc.) relating to this promotion. Some comments are not intended to be incorporated in the materials but are for information/reference.

Sponsor to ensure the following comments are incorporated in the appropriate materials associated with this sweepstakes/promotion:

1. SPONSOR OF THE PROMOTION: All rules, waivers and release forms, fine prints on creative materials, etc., must clearly state that “NASCAR, LLC, and NASCAR Events and Entertainment, LLC, the Chicago Entities are not sponsors of this promotion.”  Promotion and any advertising thereof, must clearly communicate the sponsor(s) of the promotion. 

2. RELEASE/WAIVERS: NASCAR Events and Entertainment, LLC, NASCAR, LLC, the Chicago Entities, and their parent(s), subsidiaries, affiliates, and each of their respective employees, shareholders, directors, officers, members, successors, agents, and assigns must be added to any and all language as released parties in the rules and in any release forms/waivers a winner, guest, and/or participant may sign.

3. INELIGIBILITY CLAUSE: NASCAR Events and Entertainment, LLC, NASCAR, LLC, and their parent(s), subsidiaries, affiliates and each of their respective employees, shareholders, directors, officers, members, successors, and agents as ineligible participants to ineligibility verbiage.

4. HOLD HARMLESS CLAUSE: By accepting prize, winners agree to hold NASCAR Events and Entertainment, LLC, NASCAR, LLC, the Chicago Entities, and their parent(s), subsidiaries, affiliates and each of their respective shareholders, directors, officers, employees, members, agents, successors, and assigns harmless against any and all claims and liability arising out of use of the prize or any other participation in this sweepstakes. Winners assume all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. 

5. VIP PASSES/TICKETS: Subject to the standard terms and procedures of NASCAR and subject to NASCAR’s sole discretion.

6. NASCAR LEGAL LINE: NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, LLC.

7. CRS LEGAL LINE: The NASCAR Chicago Street Race™ word mark and logo are used under license by NASCAR Events and Entertainment, LLC and the Chicago Entities with expressed permission.

Sponsor to ensure the following guidelines have been met:

8. APPROVAL OF ALL PROMOTIONAL MATERIALS FOR THIS PROMOTION: Prior to release of the promotion, NEE legal must review all promotional copy of/on behalf of Sponsor (i.e., creative, online, radio scripts, ad layouts, etc.) to ensure all materials accurately reflects the official rules; additionally, all final drafts must be submitted for NEE Legal’s review before NEE Legal can grant approval for use of any NEE Marks in the promotion.

9. THIRD-PARTY APPROVAL: Sponsor must obtain all rights and approval of third parties involved in the promotion, i.e., tracks (including, the right to give away tickets as a prize, trademark usage, etc.), teams, drivers, other third parties, marks, brands, likenesses, etc.

10. PREMIUMS USED IN CONJUNCTION WITH THIS PROMOTION: All premium items (including any used for gift bags) used in connection with this promotion must be NEE/NASCAR-licensed, royalty-bearing, and are subject to a separate premium licensing agreement with NEE/NASCAR.

11. LEGAL COMPLIANCE: Sponsor must ensure that this sweepstakes promotion, and all elements thereof, complies with all applicable federal, state, & local laws, rules, and regulations, including, but not limited to, sweepstakes and/or contest laws and all applicable social media platform terms and conditions (e.g. FaceBook Pages Terms).

12. PROMOTION TITLE CONSISTENT: Title of sweepstakes/contest should remain consistent throughout all materials (official rules, creative, etc.).

13. WEBSITE ADDRESS/URL: Website-link(s)/urls/etc., to Sweepstakes must be housed-on and drive traffic to a Sponsor-owned website and cannot be housed on or drive traffic to a third-party’s website (including third party’s social media site).