CINCO DE MAYO GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE U.S. AND WHERE PROHIBITED OR RESTRICTED BY LAW. Open to legal residents of the U.S. aged twenty-one (21) or older. Excludes Puerto Rico. Additional terms & restrictions apply. Visit www.missionfoods.com/contest-rules to view official rules, prize descriptions, odds disclosure, and individual sweepstakes information.
Cinco Giveaway (the “Promotion”) is sponsored by Gruma Corporation (“Sponsor”), 5601 Executive Dr., Ste. 800 Irving, TX 75038, and administered by D. Augustine & Associates Inc. (“Administrator”), 1420 E Roseville Pkwy, Ste 140, PMB 515, Roseville, CA 95661.
1. PROMOTION PERIOD: The Promotion begins on April 21st, 2023 at 12:00 p.m. Central Time (“CT”) and ends on May 5, 2023 at 11:59:59 p.m. CT. (“Promotion Period”). Administrator’s computer is the Promotion’s official clock.
2. ELIGIBILITY: This Promotion is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Excludes Puerto Rico. Officers, directors and employees of Sponsor, Administrator, Crown Imports LLC d/b/a Constellation Brands Beer Division, and any of their respective owners, parent companies, affiliates, directors, subsidiaries, franchisees, representatives, advertising, promotion and production agencies, agents (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All federal, state and local laws apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Administrator’s and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility.
3. HOW TO PARTICIPATE: During the Promotion Period, Facebook posts related to this Promotion will be posted on the Facebook account @MissionFoodsUS (the “Social Media Account”). To participate in the Promotion, an eligible person must do all of the following during the Promotion Period: (1) comment on any post made from the Social Media Account that is related to this Promotion and that is posted during the Promotion Period and (2) in such comment, respond to the post copy directive (an “Entry Comment”). Provided that eligible persons comply with Facebook’s user rules, Administrator will count each Entry Comment from the same user as one entry for said entrant.
4. WINNER SELECTION: Throughout the Promotion Period, Administrator will randomly select potential winners from among the eligible entrants. Administrator will notify potential winners that they were selected by contacting the potential winner on Facebook (the “Notification”).
5. PRIZE DESCRIPTION AND VALUE, ODDS, DETAILS AND RESTRICTIONS, HOW TO CLAIM, AND FULFILLMENT:
- Description: There are fifteen (15) prizes available to be awarded. Each prize consists of one (1) Corona* branded aluminum cooler, one (1) Modelo Diamond Snapback Hat, one (1) Mission Foods branded Stainless Steel Cooler, one (1) Mission Foods Branded Stainless Steel Grill Tool Set, one (1) Mission Foods branded JBL Waterproof Bluetooth Speaker, and one (1) Mission Branded Vacuum Tumbler/Drink Insulator. The total approximate retail value (“ARV”) of each prize pack is five hundred three dollars and 74 cents ($503.74). The total ARV of all available prizes in the Promotion is five thousand three hundred thirteen dollars ($5,313).
- Odds of Winning: The odds of winning depend on how many eligible entrants participate in the Promotion.
- Prize Details and Restrictions: The right to receive a prize is non-assignable and non-transferable. No prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. Promotion Entities shall not be held responsible for any delays in awarding the prize for any reason.
- All entrants who receive a Notification are subject to verification of eligibility and compliance with these Official Rules. If any potential winner is disqualified, determined to be ineligible or found not to be in compliance with these Official Rules, or, if any prize is unclaimed, the prize will be forfeited. If any eligible winner is deemed a minor under the laws of his/her state of residence, the prize may be awarded in the name of a parent or legal guardian of the minor. Each winner who accepts a prize shall be solely responsible for payment of any and all applicable federal, state, and local taxes on the accepted prize. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. A prize will only be awarded to a verified winner. Sponsor will attempt to notify each potential winner as set forth in these rules, but Sponsor is not responsible for any undelivered communications. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded.
- How to Claim a Prize: No later than 24 hours after the Promotion Period ends, winner must respond to the Notification to indicate their intent to accept the prize. Any potential winner who fails to respond to the Notification forfeits the prize. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded at Sponsor’s sole discretion.
- Prize Fulfillment. Prizes will be distributed to verified winners at the mailing address provided to Sponsor and/or Administrator by winner. If winner fails to provide their mailing address within seven (7) days of Sponsor’s request, winner forfeits the prize.
6. LIMITATION OF LIABILITY: By participating in the Promotion, entrants agree that the Promotion Entities, and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable electronic notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider / Internet / Website / use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Social Media Account. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s electronic device related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for comments/entries that are entered by any automated computer, program, mechanism or device, or for comments/entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries/comments may, in Sponsor’s sole discretion, be disqualified.
In no event will more prizes be awarded than are stated in these Official Rules. If, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the potential winners. If, for any reason, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended number of prizes will be awarded in a random drawing from among all verified prize claims received for that prize.
By entering the Promotion, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s entries/comments, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, 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 any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entries/comments (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any website or telephone network, computer system, online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, any website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries/comments, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
7. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE DALLAS COUNTY, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN DALLAS COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO
ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
9. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web, Internet and social media services, without notice, review or approval and without additional compensation except where prohibited by law.
10. GENERAL: Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. The invalidity or unenforceability of any provision or portion of a provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. 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 Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including social media posts), these Official Rules shall prevail.
11. WINNERS LIST: For a list of winners, mail a self-addressed stamped business envelope to: Winners List C/O Marketing Coordinator, 2023 Big Game Giveaway, 5601 Executive Dr., Ste. 800, Irving, TX 75038. Requests must be received no later than March 31, 2023.
* CORONA and the Corona crown logo are registered trademarks of CERVECERÍA MODELO DE MÉXICO, S. DE R.L. DE C.V.
**MISSION and the Mission bell logo are registered trademarks of Gruma Corporation.
© 2023 Gruma Corporation. All rights reserved.