Terms and Conditions
MEXICALI BLUES GRATITUDE GIVEAWAY OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ACCESS TO THE INTERNET IS REQUIRED TO PARTICIPATE. BY ENTERING THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility: Mexicali Blues “Gratitude Giveaway” is open only to legal residents of the fifty (50) United States and the District of Columbia, (not including Hawaii and Alaska), who are at least eighteen (18) years old at the time of entry. Employees of Mexicali Blues as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Mexicali Blues “Gratitude Giveaway” is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters, related to the Mexicali Blues “Gratitude Giveaway”. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsors: Mexicali Blues [27 River Road, Newcastle, ME 04553 USA]
3. Timing: The Mexicali Blues “Gratitude Giveaway” begins on October 1, 2020 at 12:00 a.m. Eastern Time ("ET") and ends on December 30, 2020 at 11:59 p.m. ET (the "Promotion Period"). Administrators’ computers set in Eastern Time Zone are the official timekeeping device for the Mexicali Blues “Gratitude Giveaway”.
4. How to Enter: During the Promotion Period, go to www.mexicaliblues.com/pages/gratitude-giveaway and follow the links and instructions to complete a wishlist. You automatically will receive one (1) entry into the Mexicali Blues “Gratitude Giveaway”. 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 by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, 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 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.
5. WINNERS DRAWING, NOTIFICATION AND ODDS: Administrator is an independent judging organization, whose decisions as to the administration and operation of the Mexicali Blues "Gratitude Giveaway", and the selection of the potential winner is final and binding in all matters related to the Mexicali Blues "Gratitude Giveaway". Winners will be selected at random from all eligible entries received during the Promotion Period, on a daily basis from December 1, 2020 through December 31, 2020. The potential winner will be notified by email, or phone. If a potential winner of any prize cannot be contacted, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which the prize will remain unclaimed. The Mexicali Blues "Gratitude Giveaway" prize will be fulfilled approximately [fourteen days] after the conclusion of the Mexicali Blues "Gratitude Giveaway". The winner will be contacted directly via email and announced on social media by Mexicali Blues. This Promotion is in no way sponsored, endorsed or administered by, or associated with Twitter, Facebook, Instagram, or any social channel. Odds of winning will depend upon the number of eligible entries received during the Promotion Period. Return of any prize as undeliverable will similarly disqualify that potential winner and an alternate potential winner will be selected based on the criteria herein. Giveaway winners may be featured on the Sponsor's and/or Prize Suppliers’ respective Internet and social media websites. The decisions of Sponsor will be final and binding on all matters relating to the Giveaway. PRIZES: Mexicali Blues merchandise,. Thirty-one (31) individual prizes will be awarded. Individual Prize approximate retail value (“ARV”) is no greater than $100.00. Prizes cannot be transferred, or redeemed for cash by winner.
6. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Facebook, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Mexicali Blues "Gratitude Giveaway" or receipt or use or misuse of any prize. Publicity: Except where prohibited, participation in the Mexicali Blues "Gratitude Giveaway" constitutes 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 media, worldwide, without further payment or consideration.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Mexicali Blues "Gratitude Giveaway", or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Mexicali Blues "Gratitude Giveaway", as determined by Sponsor in its sole discretion. Sponsor 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 Mexicali Blues "Gratitude Giveaway", or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Mexicali Blues "Gratitude Giveaway", may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Mexicali Blues "Gratitude Giveaway"; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Mexicali Blues "Gratitude Giveaway"; (4) technical or human error which may occur in the administration of the Mexicali Blues "Gratitude Giveaway"; or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Mexicali Blues "Gratitude Giveaway", 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 Mexicali Blues "Gratitude Giveaway", if it is possible. If the Mexicali Blues "Gratitude Giveaway" or any part of it, is discontinued for any reason, Sponsor, in its sole 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, un-awarded, eligible prize claims.
9. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Mexicali Blues "Gratitude Giveaway", or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Portland, ME or the appropriate Maine State Court located in Cumberland County, Maine; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Mexicali Blues "Gratitude Giveaway", but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Mexicali Blues "Gratitude Giveaway" shall be governed by, and construed in accordance with, the laws of the State of Maine without giving effect to any choice of law or conflict of law rules (whether of the State of Maine or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maine.
WINNERS’ LIST: For the name of the Winners send a self-addressed, stamped legal size envelope after December 31, 2020 and no later than January 31, 2021 to: Mexicali Blues Attn: Chelsey Chambers, 27 River Road, Suite #1, Newcastle, ME 04553. The name of the Winners may also be posted on Sponsor’s social media websites between the above-referenced dates.
12. SPONSOR AND PRIZE SUPPLIER: © 2019 Mexicali Blues. All rights reserved.