TERMS AND CONDITIONS
OPEN ONLY TO LEGAL RESIDENTS OF ALABAMA, ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, HAWAII, IDAHO, ILLINOIS, IOWA, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW HAMPSHIRE, NEW MEXICO, NEW YORK, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, VERMONT, WASHINGTON, WEST VIRGINIA, WISCONSIN, AND WYOMING, WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION.
ALCOHOL PURCHASE REQUIRED IN ALASKA, ARKANSAS, COLORADO, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, IDAHO, IOWA, MARYLAND, MICHIGAN, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NEW YORK, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, VERMONT, WASHINGTON, WEST VIRGINIA, WISCONSIN, AND WYOMING (“PURCHASE STATES”).
NO ALCOHOL PURCHASE REQUIRED FOR RESIDENTS OF ALABAMA, ARIZONA, CONNECTICUT, HAWAII, MASSACHUSETTS, MINNESOTA, MISSOURI, NEW HAMPSHIRE, AND PENNSYLVANIA (“NO PURCHASE STATES”).
VOID IN INDIANA, KANSAS, KENTUCKY, LOUISIANA, MISSISSIPPI, NEW JERSEY, NORTH CAROLINA, TENNESSEE, TEXAS, UTAH, VIRGINIA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
VALID WHILE SUPPLIES LAST.
THIS OFFER IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH VENMO OR PAYPAL, INC. VENMO ACCOUNT REQUIRED TO RECEIVE AN OFFER ITEM.
- OFFER PERIOD: The Offer period begins at 9:00 AM Eastern Time (“ET”) on May 1, 2021 and ends at 5:59:59 AM ET on May 8, 2021 but is only available while supplies last (“Offer Period”). The Offer Period includes a purchase period that begins May 1, 2021 at 9:00 AM ET and ends on May 6, 2021 at 5:59:59 AM ET (“Purchase Period”) and a submission period that begins on May 1, 2021 at 9:00 AM ET and ends on May 8, 2021 at 5:59:59 AM ET (“Submission Period”). Sponsor reserves the right to modify or terminate this Offer at any time.
- ELIGIBILITY: The Offer is open to legal residents of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia, Wisconsin, and Wyoming, who are at least twenty-one (21) years old at the time of Qualifying Purchase (defined in Section 3 of these Terms and Conditions). Venmo account required to receive an Offer Item (defined below). Employees, directors, officers, and agents of Sponsor, Administrator, retailers, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Offer (“Offer Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to participate. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Offer are not eligible to enter or participate. Void in Indiana, Kansas, Kentucky, Louisiana, Mississippi, New Jersey, North Carolina, Tennessee, Texas, Utah, Virginia, and where prohibited or restricted by law. Participation in the Offer constitutes participant’s full and unconditional agreement to these Terms and Conditions.
- HOW TO PARTICIPATE IN THE OFFER: During the Purchase Period, a participant who is a resident of a Purchase State must visit a restaurant that sells Teremana Tequila and purchase at least one (1) drink that includes Teremana Tequila and an order of guacamole (“Qualifying Purchase”), while supplies last. All purchases must be made during the Purchase Period to be eligible for this Offer. No purchase required for residents of No Purchase States. Upon making a Qualifying Purchase, an eligible participant must visit guacontherocksubmit.com, and complete and submit the registration page including but not limited to: his/her first and complete last name (no initials), valid e-mail address, phone number associated with his/her Venmo account, street address (no P.O. Boxes will be allowed), city, state, zip code, and date of birth. Participant must then follow the links and instructions to upload a photograph of his/her original Qualifying Purchase register receipt by 5:59:59 AM ET on May 8, 2021. Residents of No Purchase States are required to upload a receipt of a purchase of guacamole instead of a Qualifying Purchase receipt. The file must be in .JPEG, .JPG, GIF, or .PNG format and may not exceed 10MB. NOTE: A Qualifying Purchase receipt may only be used once to receive an Offer Item (as defined below). A Qualifying Purchase receipt may not be used by more than one (1) participant.
- LIMITATION OF LIABILITY: By participating in this Offer, participants agree that the Offer Entities, Venmo, PayPal, Inc., and each of its respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, undeliverable unique code, Offer Item or Offer related notification; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Offer; and (viii) requests that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions.
- DISPUTES: THIS OFFER IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. 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 THE JUDICIAL ARBITRATION AND MEDIATION SERVICES 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 MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. 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. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROGRAM 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 PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- GENERAL: This Offer is subject to all federal, state and local laws and regulations. Receiving an Offer Item is contingent upon fulfilling all requirements set forth herein. Offer valid for individual consumers only; requests from groups, clubs or organizations and fraudulent requests will not be honored. Offer Items have no cash value. Any attempted form of participation in this Offer other than as described herein is void and will result in disqualification. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Offer, to be acting in violation of these Terms and Conditions or to be acting with the intent to disrupt the normal operation of the Offer. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Offer 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 THE OFFER OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER 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. Each participant may be required to show proof of eligibility and compliance with these Terms and Conditions. If any provision of these Terms and Conditions 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 Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All materials submitted will not be returned. In the event of any conflict with any Offer details contained in these Terms and Conditions and the Offer 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 Offer as set forth in these Terms and Conditions shall prevail.