NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND INSTAGRAM OR FACEBOOK ACCOUNT ARE REQUIRED TO ENTER. Void where prohibited or restricted by law.
1. ELIGIBILITY: This Promotion is sponsored by Phusion Projects, LLC (the “Sponsor”). Open to legal residents of the fifty United States or District of Columbia who: (a) are 21 years old or older; (b) have a smart or mobile phone or other wireless or electronic device that supports the Instagram or Facebook application, or internet access; (c) have an Instagram or Facebook account (there is no charge to establish an account). If you do not already have an Instagram or Facebook account, you may sign up for a free account at https://instagram.com or https://www.facebook.com. Void where prohibited. Persons in any of the following categories are not eligible to participate: employees, officers and directors of Sponsor, Phusion Projects, LLC, their respective subsidiaries, affiliates, or divisions, and the advertising and promotional agencies, and independent contractors, agents, assigns and brand/company ambassadors of any of the above organizations (hereinafter referred to, including Sponsor, as the “Promotion Entities”), any alcohol beverage licensee (whether a manufacturer, distributor or retailer) and the immediate families (parents, spouse, children, siblings including foster and step-relations), or persons, whether related or not, living in the same household as any of the individuals in the preceding categories.
2. PROMOTION PERIOD: The Promotion begins on or about 12 p.m. EST on May 1, 2019 and ends on or about 11:59:59 p.m. EST on June 3, 2019 (“Promotion Period”).
- Instagram: You must follow “@moskatolife” on Instagram. Then, upload your Promotion Entry and include the tag #MoskatoLifeContest and @moskatolife in the “caption” field. Any submission that does not include the tag #MoskatoLifeContest, and @moskatolife will not be considered for entry into the Promotion.
- Facebook: You must follow “@moskatolife” on Facebook. Then, upload your Promotion Entry and include the tag #MoskatoLifeContest and @moskatolife in the “caption” field. Any submission that does not include the tag #MoskatoLifeContest , and @moskatolife will not be considered for entry into the Promotion.
Following the official Four Loko Instagram or Facebook pages prior to Promotion Entry will serve as an age gate to ensure you are 21 years or older. If you are not 21 years or older, you will not be permitted to follow the Four Loko official social media pages, and therefore not be able to submit a photo for entry into the Promotion. Be sure to set the “Photos Are Private” option in your Instagram or Facebook account settings to “OFF.” Once submitted, a Promotion Entry cannot be deleted, canceled, or modified. All entries must be received during the Promotion Period. Sponsor’s computers/server will be the official timekeeper for all matters related to the Promotion. Limit of one Promotion Entry per person. You may register and submit an entry for the Promotion using only one name and one Instagram or Facebook account. In case of dispute, entry will be declared made by the authorized account holder of the Instagram or Facebook account used to submit the Promotion Entry. “Authorized account holder” is defined as the natural person who is assigned to an account by Instagram or Facebook. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to sweepstakes/contest entry services) are prohibited and will void all entries by that entrant. Entrants assume all risk of lost, late, incomplete, illegible, stolen, undelivered or misdirected entries.
Promotion Entities hereby disclaim any responsibility for, and make no guarantees or warranties of any kind, express or implied, with regard to adequacy of cellular coverage, or devices, or any other equipment or data used or available during the Promotion, or any element thereof. Promotion Entities are not responsible for Instagram, Facebook, device, service provider, network or equipment malfunction, failure, incompatibility, unavailability, nor for the failure to provide a post on Instagram or Facebook, nor the inability to participate, nor for any human or technical error, or traffic/transportation interruptions, congestion, slow-downs, stoppages, or any force majeure, or any other causes similar or dissimilar which interfere with entrants’ ability to in any way participate in the Promotion, or any element thereof. Normal internet access and device usage charges imposed by entrant’s mobile plan and/or on-line service will apply. This Promotion may not be available via all mobile carriers. Standard messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
4. CONDITIONS OF ENTRY. Each submitted Promotion Entry must be the original creation of the entrant (not copied, adapted or reproduced from any other source and not a collaboration with any other person). Obscene, offensive, disparaging, dangerous, defamatory, libelous, violent, inapplicable, or inappropriate entries, as determined at the sole and absolute discretion of the Judges and Sponsor, will not be considered. Photos or videos containing full or partial nudity, or any lewd or sexually suggestive gesture as determined by Sponsor in its sole discretion will be disqualified. No photo, including any accompanying text, shall: (a) depict persons consuming alcoholic beverages (b) depict or reference persons conducting themselves in an inappropriate manner (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, (e) include an image of or reference to any person that appears to be under 21 years of age or appeal to anyone under the legal drinking age, (f) include any commercial solicitation or promotional materials, websites, contact info or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc., (g) make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than those owned or licensed by Sponsor’s), or slogans, (h) make political or religious statements, (i) contain statements or images relating to public officials, the armed forces of the United States; local, state or federal governments or flags, emblems, seals, coat of arms, crests or insignias, or (j) refer to or depict any recognizable features of any retailer of alcohol beverages (including but not limited to bars, restaurants, convenience stores, grocery stores, etc.).
By submitting a Promotion Entry or accepting any prize, each entrant understands and agrees that his/her Promotion Entry may be posted online on the World Wide Web and further represents and warrants that his/her Promotion Entry, in whole and in part: (i) is his/her original creation and has not been copied from any other work; (ii) does not violate or infringe any copyright, trademark, or other proprietary right of any person or entity; (iii) has not been submitted into any other contest; and (iv) is his/her sole and exclusive property. Entrant further represents and warrants that any person(s) depicted or referenced in his/her entry has given his or her express written consent to the depiction/reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person. Submission of an entry grants Sponsor the right to use, publish, adapt, edit and/or modify Promotion Entry in any way, in whole or in part, and to use such Promotion Entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Promotion Entry. Without limiting the foregoing, such use of Promotion Entry includes Sponsor posting Promotion Entry on the Four Loko social media pages and/or possibly posting the Promotion Entry in a “gallery” on the Four Loko website or perhaps elsewhere (and, in all cases, such posting shall not constitute any representation of Promotion eligibility or selection of entrant as a potential prize winner in the Promotion.) Submission of a Promotion Entry further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Promotion Entry, including but not limited to all intellectual property rights and proprietary rights worldwide, including without limitation, any copyrights, derivative works and concepts or ideas depicted therein. (The preceding is subject only to those rights reserved by Instagram or Facebook as the operator of a social media platform). Any content, material or information included in Promotion Entry shall not be confidential, proprietary or trade secret. By submitting a Promotion Entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Promotion Entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose and in any media whatsoever (without further compensation or review) and will not be returned. Sponsor reserves the right to edit, alter, modify or distort any submitted entry. Any Promotion Entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Promotion Entry. Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Promotion any entry based on the belief that such entry contains any materials that may infringe on the rights of any third parties.
5. SELECTION OF WINNER. All eligible entries received during the Promotion Period will be reviewed by a panel of judges (“Judges”) selected by Sponsor, whose decisions shall be final, binding, and conclusive on all matters. Entries will be judged on the following criteria, giving equal weight to each: humor, creativity, and fit to theme of Promotion. The Promotion Entry with the highest score at the end of the Promotion Period will be deemed the Prize Winner, subject to verification and compliance with these Official Rules. In the event of a tie, the tied Promotion Entry deemed the most creative by the Judges will be declared the winner.
6. PRIZE: A trip to New Orleans to the Essence Festival from July 5 – 7, 2019, which includes two (2) roundtrip, coach airline tickets from the major airport nearest winner’s home (as determined by Sponsor), two (2) nights lodging at a hotel of Sponsor’s choice (one room; double occupancy); roundtrip ground transportation to and from airport, two (2) Festival Tickets (July 5 – 7, 2019), VIP ticket for one (1) night at Hotel Masquerade, and a one-time stipend of $300. Total approximate retail value (“ARV”): $3,800.00 ARV of prize package may vary, depending on the point of departure. Any difference between the stated ARV and actual value will not be awarded. Winner is solely responsible for any local, state, and federal taxes, if any, and any other expenses, fees and/or costs incurred in claiming or using the prize. Potential winner will be notified on or about 12:00 p.m. EST on June 4, 2019 by a direct message on Instagram or Facebook.
Potential winner must respond within 48 hours of the time the message was sent to their Instagram or Facebook account. Sponsor will then communicate with potential winner via email in order to verify eligibility. Winner(s) may be required to sign and return an Affidavit of Eligibility and Release of Publicity (where legal) and Liability Release. Potential winner must respond to Sponsor’s email with the required information and executed documents within the time period set forth in Sponsor’s email. In the event of noncompliance, if a potential winner cannot be reached or if a potential winner does not respond to Sponsor’s Instagram or email(s) within the required time limits, or if a prize or prize notification is returned as unclaimed or undeliverable for whatever reason beyond the control of Sponsor, the Prize will be forfeited and an alternate winner will be selected remaining eligible entries.
7. DISCLAIMER & RELEASE OF LIABILITY: Promotion Entities are NOT responsible for any: (a) technical, equipment or human failure, malfunctions or error, lost/delayed data or voice transmission, omission, communication disruption, lack of coverage, interruption, deletion, defect, line failures of any telephone/cell phone network, computer equipment, software, inability to access Instagram, Facebook, or any online service or website or to complete a telephone call or transaction, stored information, or any injury or damage to participant’s or any other person’s device, phone, computer or equipment related to or resulting from participation in this Promotion; or (b) force majeure, governmental action, or any other events or situations beyond the reasonable control of any of the Promotion Entities. If any situation of whatever nature impairs the administration, security, safety, fairness, integrity or proper play of the Promotion or element thereof in whole or in part, Sponsor may, in its sole and absolute discretion, suspend, cancel or terminate the Promotion immediately, without prior notice. Sponsor and the Promotion Entities are not liable for errors, printer errors, or issuance of any inaccurate announcements, notifications or misprinted or irregular marketing materials or communications.
By entering and participating in the Promotion or any part thereof, participants agree to release, defend, indemnify and hold harmless the Sponsor and all other Promotion Entities, Instagram, Facebook, and each of their respective directors, officers, affiliates, parents, subsidiaries, representatives, employees and agents (“Released Parties”) from and against any and all alleged or actual claims (including without limitation personal and bodily injury, wrongful death and disability, property damage), actions, demands, settlements (whether or not litigation is commenced), judgments, losses, liabilities, damages, harm, injuries, costs and expenses (including without limitation reasonable attorney’s fees) whatsoever, including, without limitation, property damage, personal injury (including without limitation, pain and suffering and/or emotional distress) and/or death, violation of publicity rights, defamation or invasion of privacy (collectively “Claims”) arising from or related, in whole or in part, to participation in this Promotion, any Promotion related activity (including but not limited to travel to/from the Location and/or participation in Promotion and/or prize related activities), delivery, mis-delivery, acceptance, possession, use or misuse of a prize, whether or not caused in whole or in part by the negligence of the Promotion Entities and/or their agents. In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all of their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages, arising out of or relating to your participation in this Promotion or prize related activities, or access to, and use of, any participating mobile applications or internet site(s) or the downloading from and/or printing material downloaded from said internet site(s). By entering and/or accepting a prize, entrants and any winner covenant, to the fullest extent permitted by law, not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release in any manner whatsoever. A waiver by one or more of the Promotion Entities of any term in these official rules does not constitute a waiver of any other provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.
By participating in the Promotion and/or accepting a prize, participants and winner consent (and agree to confirm such consent in writing) to the Promotion Entities’ use of his/her name, likeness, image, photograph, video, and/or biographical information in any and all media now known or hereinafter developed for trade, advertising and/or publicity purposes with no right of review and at no additional compensation.
8. DISPUTES: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.
9. WINNERS LIST: For the name of the winners of prizes valued over $25, send a self-addressed sufficiently U.S. stamped envelope to: Moskato Life Ultimate Girls Trip 2019 Winner’s List, 640 N. LaSalle St., Suite 265, Chicago, IL 60654. Limit one request per person, or household. Requests must be received one month after the close of the Promotion, July 3, 2019.
SPONSOR: Phusion Projects, LLC, Chicago, IL. Copyright 2019 Phusion Projects, LLC. All rights reserved.
PLEASE DRINK RESPONSIBLY.