Kahlua® Stir It Up Challenge
Official
Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING CONTEST IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF
COLUMBIA (“D.C.”), AND IS OPEN ONLY TO QUALIFIED
PERSONS (AS DEFINED IN THE RULES BELOW).
VOID ELSEWHERE AND WHEREVER PROHIBITED.
BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE
OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND CONTEST ADMINISTRATOR. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO
NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS
AS SET FORTH BELOW.
Contest
Name: Kahlua® Stir It Up Challenge (the
“Contest”).
Contest
Dates: Registration begins
at 12:00:01am Eastern Time (“ET”) on 12/7/2021
and ends at 11:59:59pm ET on 1/2/2022
(the “Registration Period”). The Contest is subject to all applicable
federal, state and local laws and regulations. Void outside the United States and D.C., and
wherever restricted or prohibited by law.
Eligibility – Who May
Enter: Each individual entering the Contest (each,
an “Entrant”), at the time of entry: (a) must be a member of a ‘Qualifying
Couple’ (see below); (b) must be a legal resident of the (50) United States or
D.C.; (c) must be 21 years or older; (d) must have a valid U.S. driver’s
license or government issued photo identification; (e) must have access to the
internet in order to enter; (f) may not be, or at any time since September 1,
2021, have been, an employee, officer, director, member, shareholder, or agent of
Million Dollar Media (the “Contest Administrator”),
Pernod Ricard USA, LLC (the “Sponsor”), or any of their respective franchisees,
parents, subsidiaries, affiliated companies, suppliers, distributors, wholesalers,
printers, advertising and promotion agencies, or any and all other companies
associated with the design or execution of this Contest; or an employee,
officer, director, member, shareholder, or agent of any licensed alcohol
wholesaler, manufacturer, distributor or retailer of alcohol-beverage products
(collectively, “Released Parties”); (g) may not be an immediate family member
or household member of any individual identified in item (e) above. “Immediate family members” includes, for
purposes of this Contest, parents (including in-laws), step-parents,
grandparents, siblings (including step-siblings), half-siblings, children
(including step-children), grandchildren (including step grandchildren) and
each of their respective spouses, regardless of where they reside. “Household members” means people who share the
same residence at least three (3) months per year.
Qualifying ‘Couple’
Criteria: In addition to the eligibility
requirements set forth above, each Entrant must meet the following criteria in order to be eligible to participate in the Kahlua® Stir
It Up Challenge:
How to Enter – Online
Registration: To enter, visit www.Kahlua.com/en-us/StirItUpChallenge
during the “Registration Period” and click the link to the Kahlua Stir It Up
Challenge Contest entry page. Entrants must
fully complete the online registration page with all required information
including his/her name, valid email address, phone number (including area code), state of residence, zip code, date of birth
and any required Qualifying Couple questions (type of Qualifying Couple
relationship, length of relationship).
Each
Entrant must also submit the following information about their Qualifying
Couple:
(Note: purchase
of Kahlua is not required to enter, participate or win,
and making a purchase will not increase your chances of winning.)
After
having read and agreed to these Official Rules and agreeing to receive offers
and updates via email to the registered email address provided during
registration from Sponsor, click the submit button to submit your online entry. All entries must
be fully complete for all required information and must be received by 11:59pm
ET on 1/2/2022 to be eligible. Maximum of one entry per person and Qualifying Couple, and per
valid email address during the entire Registration Period, regardless of method
of entry. Any incomplete or ineligible entries, or any
entry submitted with an invalid or false email address, phone number or other incorrect
or false information will be disqualified.
Released Parties are
not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible,
damaged, or for entries submitted in a manner that is not expressly allowed
under these rules, or for any entry not submitted or received
due to any technical error or failure, unauthorized human intervention,
inaccurate capture or mis-entry of any required information, or the failure to
capture any such information for any reason including programming or technical
errors, or effects of hackers or failure of any electronic equipment, computer
or cellular transmissions and/or network connections; all of which will be
disqualified.
Entrants may
opt out of Email notifications at any time, without affecting their entry, by
following provided opt-out instructions.
By participating and submitting an
entry, Entrant agrees that sponsor and participating parties are authorized to
contact Entrant via email, mail, phone or any other
form of media to make contestant aware of information pertinent to the Promotion,
and to distribute information regarding the Sponsor(s) featured products,
special events or promotional offers, or coupons. Contestants may opt-out of
any further email communication at any time by simply replying REMOVE to any
email message or following the provided opt-out instructions.
Each
participant must submit an entry on behalf of the Qualifying Couple of which
they are a member. Any entry submitted
on behalf of another individual or Qualifying Couple, or using another person’s
email address or name, or providing any false email addresses or information (including
information related to the Qualifying Couple criteria), will be disqualified
and ineligible to claim any prize. Any
attempt by any participant to obtain more than the stated number of entries allowed
by using same, multiple/different emails, identities, or any other methods void
that participant's entries and that participant may be
disqualified. No mechanically reproduced
or automated entries permitted. Use of
any automated system to participate is prohibited and will result in
disqualification and all such entries will be deemed void.
In the event
of a dispute as to any entry, registration or submission, the authorized account
holder of the email address used to register, and
associated with the entry will be deemed to be the registrant and s/he must be
eligible according to these Official Rules. 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. Proof of being the authorized account holder
may be required.
By registering
to enter Contest, you affirm that you and each member of the Qualifying Couple have
read and accepted these Official Contest Rules.
All entries received become the property of
the Sponsor and will not be returned.
All Entrants agree to be bound
by and abide by the official rules of the Contest.
General Video Submission Requirements:
(a) Each video must be submitted in a file
format accepted by the Contest website (AVI, MOV, MPG, MP4, WMV OR 3GP), and may not exceed
a file size of 80MB;
(b)
Must
be the Entrant’s own original creation;
(c) Any video that is not properly submitted
or received for any reason, including any technical difficulties, upload
failures; failures to save or properly store the video; busy signals, efforts
of hackers; or any lost or disconnected internet connections, will be disqualified.
Additional Video Submission
Requirements: Sponsor reserves the right in its sole
discretion, to disqualify any video submission for any reason that it considers
to not be appropriate for the Contest. Video
restrictions include, but are not limited to, the following requirements:
Representation
and Release of Rights to Video Submissions: By submitting any video,
each Entrant represents that s/he has sole and exclusive ownership and
proprietary rights of all video content and images submitted; has full permission
of all parties within the video to publish and release their information, images
and actions shown within the video; and agrees that each video submission
becomes the sole and exclusive property of Sponsor, and Sponsor may modify, edit,
publish, display, promote, or utilize video (or any elements contained within) in
any manner of its choosing including but not limited to the promotion or
advertising of the Contest or Sponsor. Entry into the Contest and upload of any video, constitutes
permission for the Sponsor and its designees to use that video, story, name,
city and state of residence and/or likeness for purposes of advertising and
trade in any and all media now or hereafter known worldwide in perpetuity without
limitation or further compensation, notification or permission, unless
prohibited by law. Video submissions
will not be acknowledged or returned by Sponsor.
Sponsor
reserves the right to request from any Entrant at any time proof, in a form
acceptable to Sponsor, of any permission required or possibly required to use
such Entrant’s Video Entry. Failure to provide
such proof, if requested, may disqualify such Entry from the Contest.
Sponsor
reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper
with or abuse the entry process or the Contest website in any way or who is otherwise
in violation of these Official Rules, as determined by Sponsor or the Contest
judges appointed by Sponsor in their sole discretion. Any questions regarding the number of entries
submitted or the authorized account holder shall be determined by Sponsor in
its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST
WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON
TO THE FULLEST EXTENT PERMITTED BY LAW.
Judging of Entry Submissions –
Determination of one (1) Grand Prize Finalist Qualifier Couple: Beginning
on or about 1/3/2022, a panel of judges
as solely determined and appointed by Sponsor/Contest Administrator shall
review, select and designate a maximum of one (1) grand
prize finalist Qualifier Couple from among all eligible entry submissions
received (see judging criteria below).
One
(1) eligible Entrant (Qualifying Couple) will be selected and designated as the
grand prize finalist Qualifier Couple,
subject to verification of eligibility, and compliance with these Official
Rules. Only the Entrant whose submission is selected
by the judges shall be designated as the grand prize finalist Qualifier Couple, and shall be the only eligible couple to participate
in the Kahlua Stir It Up Challenge (the “Challenge”) portion of the contest (see
below).
Judging Criteria: Qualifying
Couple submissions shall be judged by a Sponsor/Administrator-appointed panel
of judges pursuant to the following
guidelines, requirements and criteria in the determination of the grand prize finalist Qualifier Couple,:
·
The
quality of the video submitted by the Qualifying Couple including its content,
description, answering of the questions outlined above, uniqueness, originality,
creativity, humor, fun, inspiration, personality, ability to create interest in
the couple and overall quality of the video recording; (33.33% of score)
·
Submission
that best represents the Kahlua Stir It Up Challenge; and judges
opinion on the couples ability to participate in, and complete the Challenge; (33.33%
of score)
·
Submission
that best represents the Sponsor’s brand image and Sponsor’s product in a
positive manner (33.33% of score);
Finalist Qualifier Notification: Beginning
on or about 1/3/2022, the Entrant selected as the potential grand prize finalist
Qualifier Couple will be notified initially by phone and/or email following their
selection and determination as the potential grand prize finalist Qualifier
Couple as outlined above. If the
Administrator is unsuccessful in its attempt to reach and speak directly with a
potential grand prize finalist Qualifier Couple by phone within 24-hours of the
initial notification attempt to the phone number or email address associated
with that contestant’s entry, then that contestant and associated Qualifying
Couple may be disqualified and an alternate potential grand prize finalist Qualifier
Couple may be selected from among the remaining eligible entries and notified
as per the procedures outlined above (time
permitting). {Note: Sponsor is not responsible for any Entrant
that does not respond within the required deadline for any reason, including but
not limited to failure to respond to phone calls, failure to check any
notification via email or failure to receive any email notification due to
email account settings that prevent notification or receipt of message, including
blocked email, junk or spam email delivery.}
During
the grand prize finalist Qualifier Couple notification, the selected potential
grand prize finalist Qualifier Couple must confirm their eligibility,
and indicate their willingness and ability to participate in the Kahlua
Stir It Up Challenge contest (the “Challenge”) (see below). The potential grand prize finalist Qualifier
Couple will then receive official notification and prize acceptance documents via
email delivery. If the grand prize finalist
Qualifier Couple does not meet the eligibility requirements, is unable or unwilling
to participate in the Challenge portion of the contest, or unable to accept the
prize or elects to decline the prize or participating, s/he will be
disqualified and, at Sponsor’s discretion and time permitting, an alternate finalist
will be selected from among all remaining eligible entries and notified as per
the procedures outlined above. Any
disqualified contestant will not receive any alternate prize substitution or
compensation. Decisions of the Sponsor and/or Contest Administrator in the selection
and determination of the finalist qualifier, prize winner, prize awards and all
matters relating to this Contest are final and binding.
NOTE: There
is a maximum of one (1) qualification or prize award per Qualifying Couple
household or Qualifying Couple during the entire Contest Period. If eligible entries are less than the
scheduled number of prizes available for any finalist selection or for the
entire Contest Period, then the associated prize awards shall not be awarded.
All
of the following will apply to the Entrant and member of the associated grand
prize finalist Qualifier Couple: 1) Entrant and member will be required to
complete and return, within 1-day of date of receipt, a prize
acceptance form, including an affidavit of eligibility and a liability/publicity
release (publicity release where permitted) signed by both members of the Qualifying
Couple, and a W-9 form (from entrant only); 2) Entrant and member may be required to
present a copy of valid social security card and a valid driver’s license as a
condition of participating or receiving any prize; and 3) Entrant will be issued a 1099 form
reflecting the value of all prize award(s) received and is responsible for
paying all applicable taxes (including, but not limited to all local, state and
federal taxes) on all prizes awarded.
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, Entrant 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.
Kahlua Stir It Up Challenge Contest (the “Challenge”): The grand prize finalist Qualifier Couple will have
the opportunity to participate in the Challenge portion of the contest, for the
opportunity to claim the grand prize (see below) based upon successful completion
of the Challenge, as solely determined by Sponsor. The Challenge shall include the following
requirements:
Grand Prize Finalist Qualifier Couple qualifying
prize award: The Entrant
determined and selected as the grand prize finalist Qualifier Couple submission
shall receive a Kahlua Stir It Up Challenge qualifier prize kit consisting of
the merchandise items as solely determined and designate by Sponsor, based to availability (see below).
No alcoholic
beverage is part of the prize award. Kahlua Stir It Up Challenge merchandise
kit items shall include Stir It Up activities, merchandise items, games and/or
other merchandise as solely curated and determined by Sponsor. Sponsor reserves the right to award alternate
merchandise item(s) of approximate equal or greater value in its sole
discretion. Exact merchandise items are
subject to change at Sponsor’s sole discretion, based upon availability, and are
scheduled to include the following merchandise:
Total approximate retail value (“ARV”) of grand prize finalist Qualifier
Couple prize award: $3,350.
Grand Prize Finalist Qualifier
Couple grand prize award: In the event the grand prize finalist Qualifier
Couple successfully completes the Kahlua Stir It Up Challenge or a portion of
the Kahlua Stir It Up Challenge as outlined below, in the sole determination of
Sponsor, then the grand prize finalist Qualifier Couple shall be awarded the associated
grand prize award level as outlined below.
The grand prize consists of a cash prize, awarded in the form of a check
made
payable ONLY to the eligible Entrant who completed the initial
registration on behalf of the grand prize finalist Qualifier Couple as follows:
If the Qualifier Couple does not initiate, participate in, or successfully
complete any portion of the Challenge as required by these official rules, in
the sole determination of the Sponsor, then the Qualifier Couple shall NOT be
awarded any grand prize award (level 1, level 2 or level 3).
Sponsor reserves the right, in its sole discretion, to waive any or all
violations of the Challenge including failure to provide proper documentation or
proof for any night of the Challenge, failure to pass the polygraph test, or actual
uses/access of the internet or social media during the challenge, for any
reason.
NOTE: for purpose of clarity, in
the event of any cash prize award per the Award Levels outlined above, the cash
prize shall be awarded only to the actual Entrant who completed and submitted
the initial online registration on behalf of the Qualifying Couple. No portion of the cash prize award shall be awarded
directly by Sponsor to the other participating member of the Qualifying Couple.
Prize Delivery: Prize winners must accept delivery of
prize in the method as solely determined and designated by Sponsor. Prize shall be shipped to the designated winner
residential address via USPS or other Sponsor designated
carrier. Allow 8 – 12 weeks for
delivery. Once shipped, prize shall be considered
as awarded and fulfilled, and Sponsor shall not be responsible for any lost,
late, undelivered, misdirected, damaged or stolen delivery; and in the event of
any delivery issues, prize award shall not be replaced with any alternate prize
award or compensation. Winner shall look
only to designated shipper/carrier and not to Sponsor for any delivery issues,
including lost, late, undelivered, misdirected, damaged or stolen delivery.
General
Prize Conditions: No alcoholic beverage is part of any prize
award. All other costs and expenses related to
prize acceptance, delivery, redemption or use not specified herein as being
provided are the sole responsibility of winner. All income, federal, state
and local taxes are the winner’s sole responsibility. All prize awards are non-transferable
and no cash redemption or prize substitution allowed, except at Sponsor’s sole
discretion or as provided herein. Sponsor reserves the right to substitute a prize
with one of comparable or greater value, at its sole discretion. All prizes are awarded as is, without
any warranty, express or implied, by Sponsor.
Winner shall look solely to prize manufacturer for any warranty, if available,
including any damaged or malfunctioning product. Failure to collect or properly claim prize in
accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, participant 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. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded. Total ARV of all available prize awards: $28,350.
Additional Rules & Restrictions: By
participating, Entrants agree to abide by and be bound by the Official Rules
and the decisions of the Sponsor and Administrator, which shall be final in all
matters relating to this Contest. In the
event an Entrant wins a prize, and is later found to
be in violation of these rules he/she will be required to forfeit the prize or
to reimburse Sponsor for the stated value of the prize if such violation is discovered
after winner has used the prize. Participation in Contest constitutes permission
for the Sponsor and its designees to use Entrants’ names, cities
and states of residence and/or likenesses for purposes of advertising and trade
in any and all media now or hereafter known worldwide on perpetuity without limitation
or further compensation, notification or permission, unless prohibited by
law. False, fraudulent or deceptive entries
or acts shall render Entrants ineligible for any prize.
By participating,
Entrants agree to hold all Released Parties harmless from any claims, losses,
actions, or damages of any kind, whether actual, incidental or consequential,
for injury (including but not limited to death), damages, losses or expenses
arising out of or relating to Entrant’s participation in this Contest, or the acceptance,
possession or use/misuse of any prize, or participation in prize-related
activities (including but not limited to travel or activity related thereto), and
to assume all liability therefor.
Released
Parties shall not be liable to winner or any other person for failure to supply
the prize or any part thereof by reason of any acts of God, any actions,
regulations, orders, or requests by any governmental entity, equipment failure,
terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or
strike, labor or material shortage, transportation interruption of any kind, or
any other cause beyond Released Parties’ sole control.
Entrants are restricted
to use of ordinary and typical computer equipment, mobile phone equipment, Internet
access and cellular networks. Sponsor disclaims all liability for the inability
of a participant to complete or continue an entry due to equipment malfunction,
busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or
otherwise. The Sponsor disclaims any liability for entries not received due to
technical difficulties or transmission errors. The Sponsor disclaims all liability
for any delays, mis-delivery, loss, or failure in the delivery of any item sent
by mail, courier, express, electronic transmission, or other delivery
method. Released Parties are not
responsible for mechanical, technical, electronic, communications, telephone, computer,
hardware or software errors, malfunctions or failures of any kind, including:
failed, incomplete, garbled or delayed transmission of online entries, traffic
congestion on telephone lines, the Internet or at any website or lost or unavailable
network connections which may limit an online Entrant's ability to participate
in the Contest, and any injury or damage to Entrant’s or any other person’s computer
or mobile phone related to or resulting from participating in or downloading any
information necessary to participate in the Contest. Released Parties are not responsible for any
other errors of any kind, whether computer, technical, typographical, printing,
human or otherwise, relating to or in connection with the Contest, including,
without limitations, errors which may occur in connection with the printing or
advertising of this Contest, administration or execution of the Contest, the
cancellation of the Contest, the processing of entries or in the announcement
of the prizes or prize winners. Sponsor,
in its sole discretion, reserves the right to disqualify any person tampering
with the entry process or the operation of the Contest website.
Sponsor
reserves the right to cancel, modify, reschedule or terminate the Contest for
any reason including, but not limited to acts of God, pandemics, force majeure,
government regulatory action or ruling, fraud, misconduct, or if any technical failures
destroy or threaten the integrity of the Contest, in the opinion of the
Sponsor/Administrator, or if a computer virus, bug, or other technical problem
corrupts the administration, security, or proper conduct of the Contest as
determined by Sponsor/Administrator, in their sole discretion. In the event of
early termination of the Contest, Sponsor reserves the right to determine prize
winners in a random drawing from among all eligible, non-suspect entries received
as of the time/date of such termination.
In addition, by submitting any Video Entry, each Entrant
transfers any and all of his/her right, title and interest in and to such
Video Entry,
including but not limited to any and all copyrights, trademark rights,
"moral rights" and any and all other proprietary rights that may
exist, throughout the world, to Sponsor and expressly waives any rights
s/he may have in such submission and Video Entry. Each Entrant agrees Sponsor is the exclusive owner
of all rights in and to such Video Entry and/or submission, and will have the worldwide, perpetual right
to copy, display, reproduce, exhibit, edit, modify, assign, license, register
for copyright or trademark, distribute, sell or otherwise use and exploit the video
submission, or any
portion thereof, and all elements and/or derivative works thereof, in whole or
in part, alone or with other materials, in any media now known or hereafter
created or devised, for any reason whatsoever, without compensation to Entrant.
IN CASE OF DISPUTES: By
participating, each Entrant agrees that (1) any and all disputes, claims, and
causes of action arising out of or in connection with this Promotion, or any
prizes awarded, shall be resolved individually, without resort to any form of class
action, and any judicial proceeding shall take place in a federal or state
court within the State of New Jersey; (2) any and all claims, judgments, and awards
shall be limited to actual out-of-pocket costs incurred, including costs associated
with entering this Promotion, and in no event will Entrant be entitled to
received attorneys' fees or other legal costs; and (3) 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. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of Entrant and Sponsor in connection with
this Promotion, shall be governed by, and construed in accordance with the laws
of the State of New Jersey, without giving effect to any choice of law or
conflict of law rules or provisions (whether of the State of New Jersey or any
other jurisdiction), that would cause the application of the laws of any jurisdiction
other than the State of New Jersey.
Odds: Odds
of being selected as the grand prize finalist Qualifier Couple is dependent
upon the total number of eligible entries received, the skill and ability of each
Entrant in the completion of their entry and creation of their video, and the
decision of the judges. The odds of
winning the grand prize, once selected as the grand prize finalist Qualifier
Couple, is dependent upon the ability of the grand prize finalist Qualifier
Couple to complete the Stir It Up Challenge couple requirements as outlined above.
Official Rules & Winner List:
For a copy of these Official Rules, or the name of prize winner, send a
self-addressed stamped envelope to be received by 3/15/2022 to:
Kahlua® Stir It Up Challenge, c/o Million Dollar Media, P.O. Box 278, Woodbridge,
NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winner list.
Privacy Policy: Sponsor shares your concerns about the
privacy of your personal information. By entering this Contest, Entrants agree
to receive marketing materials, communications and
other materials from the Sponsor and/or any promotional partners whose products
and services Sponsor feels might interest Entrants at a future date. An Entrant
not interested in receiving future promotional offers should write to: [email protected] to notify the Sponsor that he or she
does not desire to receive such materials.
Sponsor:
This Contest is sponsored by Pernod Ricard, 250 Park Avenue, New York,
NY 10177.
Contest Administrator:
The Contest is administered by Million Dollar Media, LLC, P.O. Box 278,
Woodbridge, NJ 07095.
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