1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. The “mitú National Candy Day Sweepstakes” (“Sweepstakes“) begins on or about October 22, 2021, and ends at 11:59:59 pm Pacific Time (“PT”) on October 28, 2021 (“Sweepstakes Period“). The sponsor of this Sweepstakes is Latido Mitu Holdings, LLC, 4712 Admiralty Way, #533, Marina del Rey, CA 90292 (“Sponsor”). The administrator of this Sweepstakes is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, FL 32789 (“Administrator“). The Sponsor and Administrator shall collectively be referred to as the “Sweepstakes Entities”. This Sweepstakes is in no way sponsored, administered, executed or produced by BARCEL USA, LLC (the “Prize Provider”). Prize Provider trademarks are the property of their respective owners.
2. ELIGIBILITY: This Sweepstakes is open to legal residents of the fifty (50) states of the United States and the District of Columbia, who are physically located and residing therein and who are at least 18 years of age and the age of majority in their state of primary residence at the time of entry (“Entrant”). Employees of Sponsor, Administrator or Prize Provider and those involved in the production, development, implementation or handling of this Sweepstakes or any agents working on behalf of the Sweepstakes Entities are ineligible to enter or win this Sweepstakes. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void where prohibited or restricted by law.
Limit one (1) Entry per person during the Sweepstakes Period. Entry must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any of the Sweepstakes Entities; and must NOT include materials that violate or infringe another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights.
By entering the Sweepstakes, each Entrant acknowledges and agrees that: (a) Sponsor is granting Entrants a limited right to use the mitú Guacardo image for the sole purpose of creating a caption to enter the Sweepstakes, (b) any goodwill emanating from the use of the mitú Guacardo image shall inure to the benefit of Latido Mitu Holdings, LLC (c) Entrants shall have no right, title or interest in the caption submitted for the mitú Guacardo image, and (d) any unauthorized use of the Entry other than as permitted by these Official Rules may constitute copyright infringement. Entrant may not use the mitú Guacardo image for any purpose outside of this Sweepstakes, including without limitation, any commercial purpose.
IMPORTANT: Your Entry may appear in the Sweepstakes Entities’ social media streams. Be sure you are comfortable with your Entry before submitting. If you do not want your Entry to be made public, do not enter the Sweepstakes. Select Entries may be selected to be featured on the Sponsor’s website or on Sponsor’s social media channels. Entries selected to be featured have no bearing on the outcome of the Sweepstakes and may not necessarily be selected as winners. Entries selected as winning Entries may not be featured by Sponsor.
Sweepstakes Entities reserve the right to edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements.
All Entries must be received by 11:59:59 pm PT on October 28, 2021. Entries in excess of the limits stated herein will result in disqualification of the Entrant. Entries generated by a macro, script or other automated means will be disqualified and Entrant will be disqualified. In the event of a dispute as to the identity of an online Entrant or winner, the Entrant or winner will be deemed to be the person in whose name the online account was opened. Incomplete, unreadable, or unintelligible Entries will be disqualified. Entrants must provide all information requested to be eligible to win. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
4. PRIZES (5 total): There will be a total of five (5) prizes available. Each prize consists of one (1) mitú tote bag and one (1) pair of mitú Guacardo socks; AND a Guacardo pinata containing an assortment of Ricolino and Vero candy as provided by Prize Provider. The approximate retail value (“ARV”) of the prize package is $90.00.
All prize details are at the sole discretion of the Sponsor and/or Prize Provider. Prize winners cannot assign or transfer the prize to another person. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or any portion thereof) of comparable or greater value, in their sole discretion. The stated ARV of a prize is based on available information provided to Sponsor. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Any depictions of prizes are for illustrative purposes only. Other restrictions may apply.
5. ODDS OF WINNING: Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period.
6. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Sweepstakes Period, Administrator will randomly select one (1) potential winner for each available prize from all eligible Entries received in the Sweepstakes Period. The potential winners will be notified via Instagram, either by direct message or a public facing comment on the Entry post, within one (1) business day of the end of the Sweepstakes Period. Winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond within the stated time may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries. Each potential winner will be required to complete an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Prize Claim Documents“). Failure of any potential winner respond or to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. Sponsor, in its sole discretion, will attempt to contact up to two (2) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. A prize will not be awarded until all such properly executed forms are returned. If a prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor’s sole discretion. Limit one (1) prize per household.
7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may assign a designee to handle winner selection, notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that he or she may win, each Entrant agrees to release the Sweepstakes Entities and Prize Provider and each of their’ respective successors, employees, agents, representatives and assigns (collectively, the “Released Parties“) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Each Entrant authorizes the Sweepstakes Entities and/or Prize Provider to use his/her name, voice, likeness, biographical data, city and state of residence in advertising or promotional material, worldwide in perpetuity, and on a winner’s list, if applicable, without further compensation unless prohibited by law. Sweepstakes Entities or Prize Provider are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Sweepstakes Entities or Prize Provider’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) incomplete, illegible, or corrupted entries, late, invalid or misdirected Entries or Prize Claim Forms, regardless of the method of transmission; (ii) computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) any injuries, losses, liabilities or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity thereto, or from participation in the Sweepstakes; (v) any inability of Winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner(s) from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT PERMITTED BY THE LAW, INCLUDING CRIMINAL PROSECUTION, IN ADDITION TO DISQUALIFICATION OF SUCH INDIVIDUAL FROM THE PROMOTION (IF APPLICABLE).
8. DISPUTES: These Official Rules and the Sweepstakes shall be governed by the laws of the State of California (except for the conflict of law/choice of law rules or California or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than California). As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before federal or state courts in the County of Los Angeles, State of California. Entrant consents to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action; and further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
10. WINNER LIST/OFFICIAL RULES: To obtain a list of winners of these Official Rules, send a request along with a stamped, self-addressed envelope to Creative Zing Promotion Group “mitú National Candy Day Sweepstakes” Winner List, 2265 Lee Road, Suite 229, Winter Park, FL 32789. Requests for the names of the winners must be postmarked no later November 1, 2021.