Terms of Service 1 — Tanteo Tequila

2024 Tanteo Standoff Terms & Conditions

TERMS AND CONDITIONS

MARCH 2024

When we refer to the ‘Competition’, we are referring to the competition as described above (the Competition).

Below are the terms and conditions for the Competition. By participating in, and/or submitting an entry for, the Competition, you agree to be bound by these terms and conditions.

The organizer of the Competition is Tanteo Spirits (the ‘Organizer(s)’, ‘we’ ‘us’ or ‘our’). Entries must comply with these conditions to be valid. Information on how to enter and the nature of prizes form part of these terms and conditions.

1. COMPETITION PERIOD

The Competition will commence on March 8th 2024 at 5:00PM PST and end on April 21st at 11:59PM PST (Competition Period).

2. ELIGIBLE ENTRANTS

(a) Entry is open to people who both:

(i) are over the legal drinking age in their country of residence; and

(ii) reside in the United States (Eligible Entrants).

(b) This Competition is not open to:

(i) or our officers, employees or contractors or their immediate family (and other companies associated with the promotion, and their immediate families); or

(ii) For the purposes of this clause, “immediate family” includes a person’s spouse, ex- spouse, de-facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household.

(c) The Competition requires no purchase or payment to enter. However, Eligible Entrants are responsible for all reasonable expenses to submit an entry.

3. SUBMITTING AN ENTRY

(a) create an original cocktail recipe using Tanteo Tequila (Entry Recipe);

(b) complete and submit an entry form as found on our website located at https://www.tanteotequila.com/tanteostandoff24 including entrant’s contact information, entrant’s birthdate, entrant’s city + state, entrant’s place of work and title, cocktail name + recipe, photo + video of the cocktail made in accordance with entrant’s entry recipe.

(ii) agree to competition terms and conditions

(d) Multiple entries per Eligible Entrant are accepted if both:

(i) these Terms and Conditions are fully complied with for each submission; and

(ii) the multiple entries are substantially different in form and substance from one another (as determined by us in our sole and absolute discretion).

(e) Incomplete, indecipherable or illegible entries will be deemed to be invalid. We may also disqualify entries that do not comply with these terms and conditions.

(f) In the event two Entry Recipes are the same, the one that was submitted first in time will be the one accepted by us.

4. JUDGING

(a) 12 semi-finalists from 4 regions (Northeast, Southeast, Great Lakes + Central, and West) will be selected by Tanteo’s judging panel based on the following equally-weighted criteria:

(i) perceived taste;

(ii) presentation (including name); and

(iii) creativity

(b) The qualifying semi-finalists’ Entry Recipes (along with photos of the resultants’ cocktails) will be published on our Website. Qualifying semi-finalists will be notified by e-mail and /or phone using the information provided as part of their entries (method[s] of notification being of Tanteo’s sole choosing) on or about May 5 2024.

(b) From the semi-finalists, the 8 finalists of the Competition will be decided by a public vote (Finalists).

(c) For the avoidance of doubt, the Competition is a game of skill. Chance does not play any part in determining the Winner.

(d) The public vote will be hosted on our website page accessible here https://www.tanteotequila.com/tanteostandoff24. One cocktail from each region with the highest vote will be announced as a finalist. One cocktail from each region with the highest score from Tanteo’s panel of judges will be announced as a finalist. A total of 2 finalists will be chosen from each region. In the unlikely event of a tie, the Tanteo judging panel will decide the Winner.

(e) The Eight (8) finalists will be notified by e-mail and/or phone using the information provided as part of their entries (method[s] of notification being of Tanteo’s sole choosing) on or about June 1st 2024.

5. FINALIST PRIZES

Each of the eight (8) finalists and each of their plus ones will be flown to Guadalajara, Mexico from their city of residence to compete against the other Finalists in the Final Competition on or about August 14th 2024 to determine the Grand Prize winner.

The trip is for three (4) days, two (3) nights, and consists of: roundtrip economy air travel (on an airline selected by Sponsor) from the major commercial airport nearest the applicable finalist’s residence to the Guadalajara area; and standard, double occupancy hotel accommodations (in a hotel selected by Sponsor) for each finalist and their plus one. Each finalist will also receive materials required for participation in the Final Competition, as described in Section 6 below. Tickets are subject to the terms and conditions of the applicable airline; certain restrictions may apply.

Each finalist must be available to travel to Guadalajara, Mexico to participate in the Final Competition on or about August 14th 2024. The trip to Mexico will take place on or about August 12th to August 15th. If a finalist is unavailable to travel at such time for any reason, the trip to Mexico and the opportunity to participate in the Finals will be forfeited without compensation and the organizer shall not have any liability under any legal theory to such finalist.

The Competition is subject to federal, state, and local laws and regulations and is void in any jurisdiction where prohibited. In the event that the Competition is challenged by any legal or regulatory authority, the Company reserves the right to discontinue or modify the Competition or disqualify participants residing in the affected geographic areas. In such event, the Company shall have no liability to any participants who are disqualified due to such an action.

6. FINAL COMPETITION

The Final Competition will take place at a location designated by organizers in Guadalajara, Mexico, on or about August 14th 2024.

In the Final Competition, each finalist will receive the standard bar set up with necessary tools and ingredients to compete. Recipe must be created in a quantity appropriate so that each of the four (4) members of the judging panel will be able to taste the cocktail PLUS a fifth cocktail for photos.

Each Finalist will also receive a secret ingredient at the beginning of their round that must be incorporated into their final cocktail recipe

Each finalist must create his/her/their cocktail recipe entirely “on the spot” at his/her/their assigned space at the designated location hosting the Final Competition using only the provided ingredients and equipment and without third party assistance of any kind. All finalists will be allotted the same amount of time in which to create their cocktail recipes (unless a finalist wins an advantage prior to the Final Competition in one of the mini rounds).

Each finalist must respond to any and all questions posed by judges, organizers and its representatives in a truthful and respectful manner, to the best of such finalist’s knowledge and belief.

The judging panel will determine the Grand Prize winner based on the judging criteria set forth above and actual taste of the finished cocktail (which will be weighted equally with the other judging criteria set forth above). The Grand Prize winner will be notified in-person following the conclusion of the Grand Finale Competition.

organizer reserves the right - but is in no way obligated – to record the Final Competition (including the judging panel members’ interactions with finalists and the judging panel’s deliberations) for possible use in connection with advertising, promotional and public relations as well as for internal/archival purposes (the “Recording”). To the extent applicable, in consideration of participating in the Contest and the Final Competition, each finalist hereby grants the right to use such finalist’s name, likeness, image, voice and performance, as depicted in the Recording, worldwide in any manner and media now known or hereafter developed, including but not limited to the world wide web, at any time or times in connection with advertising, promotion and public relations purposes (as well as for internal/archival purposes) without further notice or additional compensation.

To remain eligible to participate in the Grand Finale Competition, each finalist must:

at all times abide by the Final Competition regulations (and these Official Rules) in full;

follow the instructions of organizer and its representatives at the Final Competition;

refrain from anti-social, belligerent, aggressive or abusive behavior toward Sponsor, its representatives and/or the judging panel members at the Final Competition, other finalists participating in the Grand Finale Competition and/or any other persons;
refrain from engaging in any conduct which involves an attempt to cheat, defraud or deceive Sponsor, its representatives and/or the all-star expert judging panel members in any manner in conjunction with participation in the Grand Finale Competition including but not limited to preparation of their cocktail.

ANY SUCH ACTIONS WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE FINAL COMPETITION (PERHAPS WITHOUT WARNING OR PRIOR NOTICE OF ANY KIND FROM organizerOR ITS REPRESENTATIVES). IF DEEMED SUFFICIENTLY EGREGIOUS BY organizerOR ITS REPRESENTATIVES, SUCH CONDUCT MAY ALSO RESULT IN SUCH FINALIST BEING REQUIRED TO REIMBURSE organizerFOR THE ARV OF SUCH FINALIST’S FLIGHT AND HOTEL ACCOMMODATIONS. organizerFURTHER RESERVES THE RIGHT TO SEEK DAMAGES FROM A FINALIST ENGAGED IN SUCH BEHAVIOR TO THE FULLEST EXTENT PERMITTED BY LAW.

7. GRAND PRIZE

Grand Prize (1) – $20,000 USD split between the Winner ($10,000 USD) and a charity of the winner’s choice ($10,000 USD).

$10,000 will be fulfilled to the winner via wire transfer within 120 days of the Final Competition.

The $10,000 donation will be made within 120 days of the Final Competition. Winner will receive a receipt of the donation.

8. FINALIST VERIFICATION:

Finalists and all winners will be required to sign and return within five (5) business days, an Affidavit of Eligibility, a Liability Release, a Publicity Release (where allowed by law), IRS Form 1099 and a W – 9 taxpayer request for identification (collectively, “Prize Claim Documents”). If a finalist or other winner cannot be located or does not respond to the notification attempt within five (5) business days (or such shorter time period as may be indicated thereon), the trip to Mexico and opportunity to participate in the Final Competition, or other prize may be automatically forfeited, and an alternate finalist or winner selected at organizer's sole discretion.

Organizer shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation.

Organizer shall have the right, in its sole discretion, to modify the rules of the competition at any time without notice or further obligation.

Prize information will be provided to finalists’ and winners’ upon proof of eligibility. A finalist or winner must furnish valid proof of age (for example, a driver’s license, birth certificate or passport) and an Affidavit/Release must be provided before prize can be received.

9. PRIZE SUBSTITUTION

(a) In the event that any part of the Prize becomes unavailable for reasons beyond the organizer’s control, the organizer may, at their absolute discretion, substitute a prize (or the relevant part of a prize) with a prize of equal or greater value.

(b) The Prize is not redeemable for cash or credit under any circumstances, unless otherwise specified in these terms.

10. UNCLAIMED PRIZES

(a) The organizer will use their best endeavors to contact the Winner of the Prize using the contact details provided in their entry. However the organizer will not be liable for the Winner’s failure to receive a notification of winning if they provided incorrect contact details, their email security settings caused the notification to enter their spam or junk folder, or if they have not updated their domain or email subscription to receive the notification.

(b) If the finalists prize is not accepted or claimed by May 10th 2023, the finalists will no longer be entitled to the Prize, regardless of whether we send you reminders or otherwise.

(i) can no longer be redeemed by the Winner; and

(ii) will be distributed to another Eligible Entrant, selected in our sole and absolute discretion.

11. USE OF ELIGIBLE ENTRANTS’ PERSONAL INFORMATION

(a) Personal information includes all of the information set out in our Privacy Policy, as well as Eligible Entrants’ names, addresses, telephone numbers, emails, nominated bank account details, Entry Recipes, resultant cocktails, photos and other media submitted in connection with the Competition (Personal Information).

(b) Personal Information will be collected and used:

(i) for the purpose of conducting this Competition;

(ii) for the purposes of marketing our products and services to you;

(iii) in accordance with the purposes in our Privacy Policy.

(c) We may be required to disclose Personal Information to third parties, including local regulatory authorities and the organizer’s agents or third-party service providers, for the purposes of conducting the Competition or for promotional and marketing purposes, including on social media (Purpose).

(d) By entering this Competition, the Eligible Entrants consent to the use of their personal information for the Purpose (and in connection with our Privacy Policy) and that the organizer may contact them for future marketing and material purposes without payment.

(e) When submitting an entry, the Eligible Entrants must ensure that the relevant waivers and photo release forms are signed by anyone who appears in any Videos or images submitted in an entry.

(f) Eligible Entrants may access, change and/or update their personal information by emailing the organizer at info@tanteospirits.com

12. ENTRY CONTENT

(a) Entries must be the Eligible Entrants’ original work. The organizer reserves the right to require the Eligible Entrants to verify that the entry is the Eligible Entrants’ original work. If the organizer is unable to verify that the entry is original work to their satisfaction, the entry will be deemed invalid.

(b) Eligible Entrants warrant that their entry is not in breach of any third-party intellectual property rights. If the Eligible Entrants have engaged third party service providers for any part of the entry’s content (such as videographers and photographers), the Eligible Entrants warrant that they have the necessary licenses and rights to include such content in their submission for the Purpose. Entrants agree to indemnify the organizer and their associated agencies, staff, contractors and directors against all losses, damages, claims and costs by third parties arising out of, connected to, or resulting from, a breach of the warranty set out in this clause.

(i) any images, video or voice of any person without that person’s express consent (including by ensuring that person has signed a release form) for such image, video or voice to be used by the organizer for the Purpose;

(ii) any content that contravenes any law; and

(iii) any content that is obscene, offensive, potentially defamatory, discriminatory, indecent, prejudicial or inconsistent with prevailing community standards.

(d) Eligible Entrants consent to providing an original copy of the entry content for the organizer to edit for the purpose of shortening the content for use and publication on various social media to promote the Competition.

(e) Eligible Entrants consent to the organizer using their name, likeness, image and/or voice in the event that they are shortlisted as a Winner, or become a Winner in the Competition, in any media for an unlimited period of time without remuneration or compensation for the Purpose and/or promoting any services supplied by the organizer.

(f) By entering into the Competition, each Eligible Entrant grant to the organizer a royalty- free, worldwide, transferrable, perpetual, non-exclusive license to reproduce, display, distribute, and create derivative works of the Entry Recipe (including any cocktails), in whole or in part, in any media or product now existing or subsequently developed, for any educational, promotional, commercial, publicity, exhibition or archival purposes. The organizer will not be required to seek any additional approval in connection with such uses and each Eligible Entrant releases and holds harmless the organizer for any claims to the contrary.

13. GENERAL CONDITIONS

(a) The organizer’s judging criteria and decision to award any prize to a particular entry is final and binding and no correspondence will be entered into in relation to any disputes associated with the organizer’s decisions.

(b) The organizer accepts no responsibility for late, lost or misdirected entries or other communications.

(c) Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the organizer. A request to access or modify any information provided as part of the redemption of a prize should be directed to the organizer.

(d) The organizer may at its absolute discretion request verification of any personal information of Eligible Entrants provided for the purposes of the Competition and arranging a prize, including but not limited to bank account details and passport information.

(e) The organizer reserves the right to disqualify any individual who breaches these terms and conditions, submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the fair and proper conduct of this Competition. Failure by the organizer to enforce any of its rights does not constitute a waiver of those rights.

(f) By entering this Competition, Eligible Entrants acknowledge and agree that these terms and conditions, the Competition and the consequences of receiving a prize may be subject to the terms and conditions of third-party service providers such as social media platforms, video platforms, payment providers (Third Party Terms). The organizer will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms.

(g) Participants in the Competition may have rights under the Consumer Protection Laws and other similar legislation which cannot be excluded, restricted or modified by the organizer. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the maximum extent that it is permitted to do so by law, the organizer (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Competition, including, without limitation:

(i) any technical difficulties or equipment malfunction (whether or not under the organizer’s control);

(ii) any theft, unauthorized access or third party interference;

(iii) any entry that is late, lost, altered, damaged or misdirected (whether or not after the receipt by the organizer) due to any reason beyond the reasonable control of the organizer;

(iv) any variation in market value of the Prize to that stated in these terms and conditions;

(v) any tax implications; and/or

(vi) the Prizes, or use of the Prizes.

(h) Eligible Entrants and the Winner of the Competition agree at all times to indemnify and hold harmless the organizer and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused by the Eligible Entrants and/or Winner or their officers’, employees’ or agents’:

(i) breach of any term of these terms and conditions; or

(ii) negligent, fraudulent or criminal act or omission.

(i) The organizer will not be liable for performance delays nor for non-performance due to causes beyond their reasonable control, including any decision of a government authority in relation to COVID-19. If the Competition is not capable of running as planned, the organizer reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.

(j) The Competition is subject to federal, state, and local laws and regulations and is void in any jurisdiction where prohibited. In the event that the Competition is challenged by any legal or regulatory authority, the Company reserves the right to discontinue or modify the Competition or disqualify participants residing in the affected geographic areas. In such event, the Company shall have no liability to any participants who are disqualified due to such an action.

(k) The organizer is entitled to change the rules of the competition at any time without prior notice or liability.

(l) These terms and conditions are governed by the laws applying in the United States

(m) Notwithstanding any translated version of these terms and/or specifications that may be provided or made available to you, the English language version of this Agreement and all referenced specifications are the official versions that bind the parties. In the event of any conflict or discrepancy between any translated version of this Agreement and the English language version, the English language version will prevail. Notices, designations, determinations, and specifications made under this Agreement shall be in the English language.

(n) This competition is in no way sponsored or endorsed by Meta, Instagram or Facebook.