BACARDI® Shot of a Lifetime Sweepstakes Rules and Regulations

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
NOTE: Each text message sent or received will result in a charge as provided in your rate plan. Standard rates apply.

Sponsor: Bacardi U.S.A., Inc., 2701 Le Jeune Road, Coral Gables, FL 33134.

Administrator: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE Eight Street, Grand Rapids, MN 55744.

1. ACCEPTANCE OF OFFICIAL RULES. By entering BACARDI® Shot of a lifetime Sweepstakes (the “Sweepstakes”), you hereby accept and agree to these official rules (the “Official Rules”), and the decisions of the Sponsor and Administrator in connection with the Sweepstakes, whose decisions are final, binding and conclusive on all matters relating to this Sweepstakes.

2. ELIGIBILITY. The Sweepstakes is offered and open to persons who are: (a) legal residents of MN, and (b) at least 21 years of age at the time of entry. The Sweepstakes is not open to persons who on or after January 30, 2013, were or are in the employment of the Sweepstakes Entities or any of their respective affiliates, subsidiaries, distributors, wholesalers, retailers (including bartenders/staff), licensees, advertising, promotion or media agencies, and the Minnesota Timberwolves (the “Timberwolves”), the National Basketball Association and its Member Teams, NBA Properties, Inc. and/or any of their respective parents, subsidiaries, affiliates, directors, officers, governors, owners, employees, and agents (all of the above, excluding Bacardi U.S.A, hereinafter the “NBA Entities”) printers of Sweepstakes materials, Sweepstakes material suppliers, and advertising, promotion, and other coordinating agencies involved in this promotion or the immediate family members (biological or step-parent, grandparent, child, sibling or spouse of the foregoing) regardless of where they live, or household members of each of the above, whether they are related or not. This Sweepstakes is void in all states except MN and where prohibited or restricted by law, regulation, rule or otherwise. This Sweepstakes is subject to all applicable federal and state laws and regulations.

3. ENTRY PERIOD: This Sweepstakes begins at 12:01 a.m. ET on January 30, 2013, and ends at 11:59 p.m. ET on April 1, 2013 (the “Entry Period”). The Administrator’s computer is the official time keeping device for the Sweepstakes.

4. HOW TO ENTER:

A. Via Text Messaging: During the Entry Period MN residents visit a participating Bacardi U.S.A. retailer and text the keyword found on the Bacardi® Shot of a Lifetime Sweepstakes display to the short code 878787 and follow the instructions. Entrant will receive a text message seeking verification that the entrant is at least 21 years of age. When the entrant responds with confirmation that they are 21 years of age or older the entrant will receive a follow-up text message that they are entered into the sweepstakes.

By sending a text message, each text message, sent or received, may incur a charge. Standard text messaging rates will apply. Not all carriers and plans include text messaging. See your wireless carrier plan for pricing details. By entering the Sweepstakes via text message, you authorize Sponsor to text a message to your cell phone number confirming entry into the Sweepstakes, and to notify you if you are a winner.

All text message/online entries must be received by 11:59 p.m. ET on April 1, 2013.

5. Entries: Enter as often as you like, but each text message, must be submitted separately with a limit of one (1) entry per person/day. A “day” is defined as the twenty-four (24) hour period beginning at 12:01 a.m. ET on any individual calendar date during the Entry Period and ending at 11:59 p.m. ET on that date. Multiple entries per day will result in the disqualification of all entries from said entrant. Entries not satisfying all the requirements of these Official Rules will be automatically disqualified. No mass or mechanically reproduced entries will be allowed. Sweepstakes Entities, and any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities and “NBA Entities”, and their or any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies, are not responsible for any incorrect or inaccurate information, tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes. Upon submission, all entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by the Administrator. The Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mail-in entries, which will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification.

6. PRIZE DETAILS:

A. Five (5) Winners will each receive two (2) tickets to a Minnesota Timberwolves game on April 15, 2013. Each winner will get one chance at a half court shot during halftime of the April 15, 2013 Minnesota Timberwolves game. . Must be 21+ to win and attend the game in the suite. Tickets to the game are subject to certain terms and conditions. Seat locations will be determined by Sponsor. Sponsor reserves the right to remove or to deny entry to any Grand Prize winner and/or guests who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game or at the hotel. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, as defined by the Sponsor is not played due to weather, an act of God, threat or act of terrorism, civil disturbance or any other reason. Unused tickets cannot be returned, refunded or exchanged for cash value or substitute tickets. No responsibility is assumed by Sponsor for any cancelled, rescheduled, delayed or postponed events in whole or in part. Each Grand Prize is subject to availability. Sponsor may substitute a grand prize of equal or greater value if any Grand Prize becomes unavailable for any reason. Grand Prizes are nontransferable, and no cash or other substitutions will be offered except at the sole discretion of Sponsor. Winner is responsible for transportation to and from the game including all travel expenses. Winner is also responsible for any miscellaneous costs to attend the game. Each Grand Prize must be taken on the dates designated by Sponsor or the Grand Prize trip will be forfeited in its entirety. . The guest of each Grand Prize winner must be at least 21 years old or older. If a Grand Prize winner and his/her guest cannot travel within the timeline specified by Sponsor, the Grand Prize will be forfeited and will be awarded to an alternate potential Grand Prize Winner, if feasible. Other restrictions may apply. Sponsor is not responsible for weather conditions, travel cancellations, delays or postponements. Any costs/expenses, including but not limited to, meals and gratuities not expressly stated herein, are the sole responsibility of each Grand Prize winner and his or her guests. Approximate Retail Value of each Grand Prize $500.00. If winner(s) make the half court shot, ARV would be $25,500. Any difference between actual value and value stated herein will not be awarded.

It is warranted by the Applicant that the Basketball Conditions listed below will be adhered to:

1. The court dimensions and equipment used in the contest must adhere to NBA standards. The ball used must be a mens basketball.
2. The contestant must be selected entirely at random and must be selected in accordance with the Official Rules of the contest. The contestant may NOT designate another person to shoot on his/her behalf.
3. Half court shots: The ball must be shot from behind the half court line. The ball must be released prior to the contestant stepping on or across the half court line. If the contestant steps on or across the half court line prior to releasing the ball, then such shot shall be disqualified and no make up shot shall be permitted.
4. Each attempt must be videotaped.
5. No practice attempts are allowed on the court where the insured shot will take place at anytime on the day of the insured attempt.
6. This Insurance will not cover a contestant who is a current or former professional basketball player. This Insurance will not cover a contestant who is a current or former High School Varsity or NCAA Intercollegiate Basketball player that has played in a High School Varsity basketball game or NCAA Intercollegiate Basketball game within the past 5 years.
7. Underwriters reserve the right to have a representative present to witness the insured shot at the Assured’s expense.
8. A line judge designated by the Assured and approved by Underwriters must witness each attempt.
9. In the event of a claim, the Assured must provide Underwriters with the following information as proof of claim:
  • An affidavit from the potential winning contestant attesting to his/her eligibility and compliance with the Official Rules;

  • An affidavit from the designated line judge attesting to the circumstances of the insured basketball shot;

  • An affidavit from a representative of the Assured attesting to compliance with the terms and conditions of this Insurance; and

  • A copy of the Videotape of the insured attempt.

  • B. TOTAL ARV OF ALL PRIZES: Total estimated retail value of all prizes: $2,500 or $127,500 if winner(s) make half court shot. No more than the intended number of prizes as outlined in these Official Rules will be awarded.

    10. DRAWING/ODDS/WINNER NOTIFICATION: A random drawing will be conducted on or about April 6, 2013 by the Administrator from among all eligible entries received by the text message to select potential winners (the “Potential Prize Winners”). The odds of winning any prize will depend on the number of eligible entries received during the Entry Period. The Potential Prize Winners will be notified via mail, e-mail, or phone. If the Potential Prize Winner cannot be reached after two (2) attempts, such person may be disqualified, and an alternate Potential Prize Winner may be selected in accordance with these Official Rules.

    11. AFFIDAVIT OF ELIGIBILITY/LIABILITY RELEASE & PUBLICITY RELEASE: Each potential Grand Prize winner must sign and return an Affidavit of Eligibility, Liability Release and/or Publicity Release (where legal) (collectively the “Release Forms”) within five (5) days of notification. In the event of non-compliance with these requirements (including execution of the Release Forms) or if the Grand Prize documentation is returned as undeliverable, the Grand Prize will be forfeited and an alternate Grand Prize winner will be selected if feasible. If the Second Prize is returned as undeliverable, the Second Prize will be forfeited and an alternate Second Prize winner will be selected if feasible. All Winners are subject to verification and compliance with these Official Rules. Travel companions of the potential Grand Prize winner must complete, execute and return a Travel Companion Liability Release, and where lawful, a Travel Companion Publicity Release (collectively, the “Travel Companion Release Forms”) prior to issuance of travel documents. Failure to return the Travel Companion Release Forms at the same time as the potential Grand Prize winner’s Release Forms may prevent the Travel Companion from participating in the trip. If a Potential Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Prize Winner will be disqualified and an alternate Potential Prize Winner may be selected in accordance with these Official Rules.

    12. PUBLICITY RELEASE TERMS: Except where prohibited by law, the Potential Prize Winner’s acceptance of a prize constitutes permission for Sponsor to use the prize winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state only) worldwide and in all forms of media, in perpetuity, without further compensation.
    Except where prohibited, participation in the Sweepstakes constitutes entrant’s consent for Sponsor and Minnesota Timberwolves and NBA Properties, Inc. and their respective parents, subsidiaries, affiliates, directors, officer, employees, and agents against liability, damages or causes of action (however names or described), with respect to or arising out of either (1) entrants participation; or (ii) the receipt or use of the prizes awarded in the promotion. BACARDI, the Minnesota Timberwolves and the NBA expressly reserve the right to amend, suspend or terminate this Offer at any time without prior notice or consent to use entrant’s name, likeness and state of residence for promotional purposes in any media without further consideration.

    13. TAXES: All federal, state or other tax liabilities arising from the Sweepstakes are the responsibility solely of the prize winners.

    14. IMPROPER CONDUCT: Sponsor, in its sole discretion, may disqualify any entrant from participation in the use of any or all portions of the Sweepstakes, and refuse to award a prize, if entrant engages in any conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct, includes, without limitation, falsifying personal information required during entrant registration or prize claim, violating any term or condition stated herein, accumulating entries through automated techniques, or allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs or wireless technology in connection with this Sweepstakes. Entrants agree that Sponsor may void any part of any prize that entrant may have won and/or require the return of any part of any prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of any prize and/or return of any prize shall in no way prevent Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

    15. INTEGRITY OF THE SWEEPSTAKES: If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by network failure, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deem could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the Potential Prize Winners in such a manner as Sponsor may deem fair and appropriate. Sweepstakes materials are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically reproduced, obtained outside authorized legitimate channels or if they contain printing, production, typographical, mechanical, or other errors, or if they are rendered inoperable due to any type of malfunction, whether technological or otherwise. All entries are subject to verification by Administrator, whose decisions are final, binding and conclusive in all matters. The Sweepstakes Entities are not responsible for any errors or for official Sweepstakes materials that are incomplete, missing or rendered inoperable due to any type of malfunction or other error.

    16. DAMAGED PROPERTY: Sweepstakes Entities and “NBA Entities” and their or any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to entrants' property related to or resulting from participating in this Sweepstakes or use of materials from this Sweepstakes.

    17. SWEEPSTAKES ERRORS: The Sweepstakes Entities and “NBA Entities” and their or any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Sweepstakes.

    18. PRIZE WINNERS AND PRIZES: Sweepstakes Entities and “NBA Entities”, their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies and the directors, officers, employees, representatives and agents of each, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of the prize winners, or the distribution of the prizes, the acceptance/possession and/or use/misuse of any part of the prizes and/or any injury or damage to entrant's or third person's property related to or resulting from any part of any prize or any part of the Sweepstakes including, without limitation, any travel related thereto and attendance game.

    19. RELEASE AND INDEMNITY: Each entrant in this Sweepstakes, including, without limitation, the prize winners, hereby releases and agrees to hold harmless the Sweepstakes Entities, their respective parents, affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies, and the directors, officers, employees, representatives and agents of each from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes including, without limitation, any travel related thereto and attendance at the game.

    20. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SWEEPSTAKES ENTITIES AND “NBA ENTITIES”,THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, DISTRIBUTORS, LICENSEES, ADVERTISING, PROMOTION AND MEDIA AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES, THE PRIZES, INCLUDING, WITHOUT LIMITATION, ANY TRAVEL RELATED THERETO AND ATTENDANCE AT THE GAME, OR THE USE OF ANY MATERIAL FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS.

    21. DISCLAIMER OF WARRANTIES: THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    22. IDENTITY DISPUTES: In the event of a dispute as to the identity of a winner based on a mobile phone number, the winning entry will be deemed to have been made by the authorized account holder of the mobile phone number submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to the mobile phone number by a mobile telephone service provider.

    23. ARBITRATION: The parties waive all rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, in the city of Miami, Miami-Dade County, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

    24. GOVERNING LAW AND JURISDICTION: This Sweepstakes is governed by the laws of the United States and is subject to all applicable federal, state and local laws and regulations. This Sweepstakes is void where prohibited. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, Sponsor and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceeding which are not subject to arbitration as set forth in Section 20 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida, in Miami-Dade County, city of Miami.

    25. WINNERS LIST/OFFICIAL RULES: For a list of prize winners, mail a self-addressed stamped #10 envelope to: BACARDI® & Celtics Getaway to Miami Sweepstakes - Winners List, P.O. Box 2565K, Grand Rapids, MN 55745-2565. Requests must be received by April 16, 2013. Winners List will be sent when the Sweepstakes is over and prizes are awarded. For Official Rules mail a self-addressed stamped envelope to the above address marked "Official Rules: BACARDI® Shot of a Lifetime Sweepstakes” for receipt by May 1, 2013.

    26. NBA Administration: By entering, entrant agrees to follow the official rules and hold harmless and indemnify BACARDI, the Minnesota Timberwolves and the NBA, and its member teams, NBA Properties, Inc. and their respective parents, subsidiaries, affiliates, directors, officer, employees, and agents against liability, damages or causes of action (however names or described), with respect to or arising out of either (1) entrants participation; or (ii) the receipt or use of the prizes awarded in the promotion. BACARDI, the Minnesota Timberwolves and the NBA expressly reserve the right to amend, suspend or terminate this Offer at any time without prior notice or consent. Administration of this Offer is at the sole discretion of BACARDI, the Minnesota Timberwolves and the NBA. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Offer will be resolved at the sole discretion of BACARDI, the Minnesota Timberwolves and the NBA and their decisions will be final and binding with respect thereto. No requests for exchanges, seat location, or cash equivalent for the tickets will be considered and no substitutions will be made. Qualified individuals must sign any required documents in connection with the Offer as determined by BACARDI, the Minnesota Timberwolves and the NBA in their sole and absolute discretion.

    PARTY TOGETHER RESPONSIBLY. www.bacardi.com ©2012 BACARDI IS A REGISTERED TRADEMARK OF BACARDI & COMPANY LIMITED. BACARDI U.S.A., INC., CORAL GABLES, FL. RUMS – 40% ALC. BY VOL.