1. Eligibility: The Sweepstakes is open only to legal residents of the United States who are at least twenty-one (21) years old. Employees of SPIKA Limited (“Administrator”), Bacardi U.S.A., Inc.  (“Sponsor”), or any other alcohol beverage company, their respective distributors, wholesalers, retailers (including bartenders/staff), or licensees, as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.
  2. Entry Period: The Entry Period begins at 12:00 PM ET November 17, 2017 and ends at 12:00 AM ET December 2, 2017 the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
  3. How to Enter: Visit http://nocommission.bacardi.com and follow the instructions to complete the online entry form. There is a limit of one (1) entry per person. The use of multiple e-mail addresses, an agency, or any automated system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received through such methods. By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Sweepstakes, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
  4. Drawing: On or about November 23, November 29, and December 3, Administrator will select 400 potential winners in a random drawing of all entries received by the time of the drawing. The odds of being selected depend on the number of eligible entries received. Administrator will attempt to contact the potential winners within 7 days of the drawing.
  5. Potential Winner Requirements: A potential winner must follow the instructions in the notification to accept the tickets within 24 hours of notification. If a potential winners fails to respond in this time, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries, if time permits.
  6. Prizes: one thousand two hundred  (1200) winners will each receive a pair of tickets to one of the No Commission Events at Soho Studios 2136 NW 1st Ave. Miami, FL 33127 on December 8, or 9, 2017. Tickets will be sent via e-mail. Each winner is responsible for transportation and for paying any costs and expenses not listed above. Each winner’s guest must be at least twenty-one (21) years old. Any prize details not specified above will be determined by Sponsor, in its sole discretion. Tickets may not be transferred and a winner will be required to provide proof of identity in order to claim the tickets. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion. Because tickets are not sold, they have no retail value.
  7. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to the owner of an online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the owner. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
  8. Release and Limitations of Liability: By entering, you agree to release and hold harmless Sponsor, Administrator, their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
  9. Privacy and Publicity: Any information you submit as part of the Sweepstakes will be treated in accordance with Sponsor’s Privacy Policy. Except where prohibited participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
  10. Disputes: You agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.
  11. Sponsor and Administrator: The Sweepstakes is sponsored by Bacardi U.S.A., Inc., 2701 Le Jeune Road, Coral Gables, FL 33134, and is administered by Spika Limited, 83 Victoria Street, London, SW1H 0HW.

 

Please Read Carefully



RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

 

I hereby enter this RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF THE RISK AND INDEMNITY AGREEMENT (“Agreement”) with Bacardi U.S.A., Inc. (“Bacardi”) and Mosaic Sales Solutions US Operating Co, LLC (“Mosaic”) to RELEASE Bacardi, Bacardi’s wholesalers, and Mosaic, and their respective corporate parents, subsidiaries, related and affiliated entities, insurance carriers, insurance brokers, directors, officers, shareholders, employees, agencies, artists, talent acts and agents and SoHo Studios and Wynwood Club, LLC (collectively, “SoHo Studios”), Swizz Beats, OMD, Harrison & Shriftman, BBDO, and Dean Collection (collectively, the “Released Parties”) with regard to my opportunity to participate in the No Commissions Event and/or any related activities including, without limitation, travel to and from the event and any post-event parties or events, to take place on December 7-9, 2017 at SoHo Studios, located at 2136 Northeast 1st Avenue, Miami, Florida 33127 (collectively, the “Event”).

 

I recognize that travel to and from, preparation for, and participating in any sponsored/promotional events, including the Event, may pose known and unknown risks of serious personal injury, death and/or damage to or loss of property.  I have voluntarily agreed to participate in the Event despite all risks presented by traveling to and from, preparing for and participating in the Event.  I further acknowledge that through this Agreement I have been fully and adequately warned of the risks.

 

THEREFORE, in consideration of being permitted to participate in the Event, I expressly and freely agree:

 

  1. To voluntarily ASSUME ALL RISKS arising from my travel to and from, preparation for and/or participation in the Event.

 

  1. To RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, loss, demands, damages, costs, expenses, lawsuits, causes of action and judgments that I now or hereafter may have or claim to have against the Released Parties resulting from, arising out of or in any way connected with my travel to and from, preparation for and/or participation in the Event, whether caused in whole or in part by the NEGLIGENCE and/or FAULT of the Released Parties (other than for intentional torts or gross negligence) or any entity or person(s) hired to perform any function with respect to the Event.

 

  1. To INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from and against any and all damages, claims, costs, expenses (including attorneys’ fees), lawsuits, or causes of action, whether foreseen or unforeseen, present or future, known or unknown, that I may have or assert or incur, as a result of my travel to and from, preparation for and/or participation in the Event, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT OF THE RELEASED PARTIES (other than for intentional torts or gross negligence) or any entity or person(s) hired to perform any function with respect to the Event.

 

  1. That the Released Parties have made no representations or warranties, whether express or implied, as to the safety of my travel to and from, preparation for, or participation in the Event, and I agree and warrant that I will look out for my own safety and conduct myself in a responsible manner at all times while traveling to and from, preparing for and/or participating in the Event.

 

  1. That all photographs, images, video, film, and/or audio taken or recorded of me by the Released Parties and/or their vendors, subcontractors, agencies, promoters and/or agents in connection with the Event, shall be the exclusive property of Bacardi and may be published, reproduced, televised, exhibited, broadcast, sold, copyrighted, assigned and used in any manner whatsoever (including advertising and promotion) without further consent from or payment to me, and I hereby forever release and discharge the Released Parties from any claims, actions, damages, or demands whatsoever by reason of any such use.

 

  1. That I am currently at least twenty-one (21) years of age.

 

  1. This Agreement shall be interpreted in accordance with the laws of the State of Florida. I agree that any dispute regarding the enforceability of this Agreement shall be filed in the courts of the State of Florida, and shall not be transferred to any other state.  This Agreement is intended to be as broad and inclusive as permitted by law, and if any provision hereof is held invalid, the balance shall continue in full legal force and effect.

 

  1. This Agreement is not intended to release the Released Parties from any conditions or activities that, as a matter of law, cannot be avoided, waived or released and no provision of this Agreement should be interpreted as such.

 

  1. This Agreement may be transmitted and agreed to by electronic means, and my approval, acceptance, signature, or other electronic transmission of my consent to this Agreement will (a) constitute an “electronic signature” within the meaning of the Uniform Electronic Transaction Act, and (b) have the same legal validity as my paper signature would have if this Agreement were signed in hard copy form.

 

This Agreement shall be binding on myself, my personal representatives, family members, heirs, next of kin, executors, administrators, successors, assigns, beneficiaries, and insurers. 

 

I HAVE READ AND FULLY UNDERSTAND THE FOREGOING AGREEMENT.  I UNDERSTAND I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND I ACCEPT ITS TERMS AND SIGN IT VOLUNTARILY.