MEZCAL DAY SWEEPSTAKES

SOLITA & DOS HOMBRES MEZCAL DAY 2023 OFFICIAL SWEEPSTAKES RULES

SOLITA & DOS HOMBRES MEZCAL DAY 2023 OFFICIAL SWEEPSTAKES RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW. ENTRANT MUST BE 21 YEARS OF AGE OR OLDER AND A UNITED STATES RESIDENT AT THE TIME OF ENTRY. STANDARD MESSAGING/DATA RATES, TERMS AND CONDITIONS MAY APPLY FOR ENTRIES OBTAINED VIA MOBILE PHONE/DEVICE. MOBILE PHONE/DEVICE NOT REQUIRED TO ENTER. DO NOT ENTER UNLESS YOU ARE ELIGIBLE (SEE FULL ELIGIBILITY DETAILS IN RULE 1, BELOW. BY ENTERING SWEEPSTAKES (“SWEEPSTAKES”), ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF FM HOLDINGS CO., LLC d/b/a/ XPERIENCE RESTAURANT GROUP, WHICH SHALL BE FINAL IN ALL RESPECTS. You are providing your information to solita Tacos & Margaritas. Entrants’ personal information will only be used for purposes of Sweepstakes administration unless an entrant expressly consents beforehand in writing to such other use by Sponsor. For more information, please review Xperience Restaurant Group’s Privacy & Cookie Notice at https://www.xperiencerg.com/privacy-policy/. In the event of any discrepancy between the privacy and cookie notice and these Official Rules, the privacy cookie and notice shall control and govern; in the event of any discrepancy between the conditions of use and these Official Rules, the conditions of use shall control and govern.
1. ELIGIBILITY: The solita Mezcal Day Sweepstakes 2023 (the “SWEEPSTAKES”) is open only to legal residents of the United States, who are 21 years of age or older and are members of solita Tacos & Margaritas e-club. solita Tacos & Margaritas e-club membership and eligibility is bound by the terms and conditions found on https://www.xperiencerg.com/privacy-policy/. The following persons are not eligible to participate: Xperience Restaurant Group, each of their respective parent companies, affiliates, subsidiaries, distributors, dealers, sales representatives, web masters/suppliers, advertising and promotional agencies, anyone associated with the development, implementation or execution of this Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above. Participation constitutes entrant’s full and unconditional agreement to abide by and be bound by these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth herein. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside the United States and where prohibited. You are only eligible to win a prize if you have not previously won a solita Tacos & Margaritas Sweepstakes in the ninety (90)-day period immediately preceding the date of the prize drawing.
2. SWEEPSTAKES PERIOD: This Sweepstakes will consist of one selection for two (2) prize winners: The Sweepstakes entry period begins on Saturday, 10/21/2023 at 08:01:00 a.m. Pacific Daylight Time (“PDT”) and ends on Friday, 11/3/2023 at 11:59:59 p.m. PDT (the “Entry Period”). Winner Selection and Notification: There will be one (1) round selection to award two (2) individual prize winners. Each winner will win (1) Dos Hombres Duffel Bag, (1) one pair of Dos Hombres Donkey Mint Socks, (1) Oaxaca Tan Hoodie in large, (1) solita limited edition Mojito Monday snapback hat, (1) solita cocktail shaker and (1) $100 solita Tacos & Margaritas e-gift card. The potential winners will be selected at random by Xperience Restaurant Group from all eligible entries submitted in a selection taking place on Monday, 11/6/2023 after 2:00:00 p.m. PDT.
3. AGREEMENT TO OFFICIAL RULES: Participation constitutes entrant’s full and unconditional agreement to these Official Rules, that they are 21 years of age or older, are current solita Tacos & Margaritas e-club members, and agree to abide by Sponsor’s decisions, which are final and legally binding in all matters related to the Sweepstakes.
4. HOW TO ENTER: You may enter by full completion & acceptance of the form on the sign-up page. (https://solitatacos.com/solitadoshombressweepstakes): Partial or incomplete/piecemeal submissions WILL NOT BE ACCEPTED as Sweepstakes entries and shall not be eligible for the prize. Use of scripts or macros to participate or subvert the process is prohibited and will result in disqualification. In the event of an identity dispute, entry will be considered made by the registered owner of the email address used for entry. Entrants entering online must have a valid email address. The Sponsor shall select two (2) winners from the entries submitted that meet the rules requirements described herein. Once submitted, all entries become the exclusive property of the Sponsors and will not be acknowledged. There is one (1) way to enter this Sweepstakes. By entering, entrants confirm they are 21+ years of age. All entries must be received no later than Friday, 11/3/2023 at 11:59:59 p.m. PDT. Receipt of entry may be acknowledged but such acknowledgment does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor. All entries become the sole property of the Sponsor and will not be returned. No alterations or forged entries are permitted. Prize will be awarded to the name corresponding to the email address provided on the entry. Entry Restrictions: Limit one (1) entry per email per person. If a person has multiple emails in the solita Tacos & Margaritas e-club database, they cannot have multiple entries during the Sweepstakes Period. Automated entries are prohibited, and any use of such automated devices will cause disqualification. But Sponsor reserves the right to void all entries (and disqualify any entrant from the Sweepstakes altogether as well as to prohibit such entrant from participating in future or other promotions offered by Sponsor) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant, or repeated violations of the sweepstakes. Proof of submission of entry does not constitute proof of receipt of same or proof of entry. All entries become the sole property of the Sponsor. Sponsor and its agencies assume no responsibility for late, lost, or incomplete entries due to data, computer or phone glitches or other programming/technological/electronic error, malfunction or failure of any kind, regardless of cause; and, all such entries are void. 
5. ODDS: Odds of winning depend upon the number of eligible entries received during the Sweepstakes.
6. SELECTION AND NOTIFICATION OF WINNER: All entrants will be automatically entered into a random drawing with all other eligible entrants. Two (2) prize winners will be selected at random by Xperience Restaurant Group on Monday, 11/6/2023 after 2:00:00 p.m. PDT, from among all eligible entries received. Potential winner will be notified by email. Potential winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/ Publicity Release within a specified time period, or to respond to Sponsor’s inquiries as to eligibility, as a condition of being awarded the Prize. If potential winner cannot be reached 48 hours after email has been sent (as determined by Sponsor), if Prize notification is returned as undeliverable, if a potential winner is determined by Sponsor to be ineligible, or if a potential winner cannot or does not comply with these Official Rules, such person will be disqualified and, at Sponsor’s discretion, an alternate potential winner may be selected via random drawing from among the remaining eligible entries. Sponsor shall have no liability if notification is lost, intercepted or not received for any reason. Sponsor is not responsible for any change in entrant’s email account or other contact information subsequent to entering the Sweepstakes. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL HE/SHE/THEY HAS BEEN VERIFIED AND NOTIFIED THAT THE VERIFICATION IS COMPLETE.
7. PRIZE DETAILS: Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value if the advertised Prize or portion thereof becomes unavailable. No prize substitution (in whole or in part), cash redemption, sale or transfer of prize permitted by the winner, except at Sponsor’s sole discretion. If and only if a prize winner is not eligible to receive the prize or does not qualify to receive the prize for any reason, an additional selection shall be made to determine an additional prize winner.  There will be (2) two individual prize winners. Each winner will receive:
-(1) Dos Hombres Duffel Bag ARV $75
-(1) one pair of Dos Hombres Donkey Mint Socks ARV $18
-(1) Oaxaca Tan Hoodie in large ARV $70
-(1) solita limited edition Mojito Monday snapback hat ARV $30
-(1) solita cocktail shaker ARV $7
-(1) $100 solita Tacos & Margaritas e-gift card ARV $100
Any difference between the stated ARV and the actual value of such prize will not be awarded. Certain terms and conditions may apply to the Prize. The Sweepstakes winner(s) is responsible for any and all applicable fees, service charges, surcharges or federal, state, local and foreign taxes, and any other unspecified expenses associated with acceptance or use of any Prize.  Sponsors make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. The Prize is non-transferrable. No cash redemption or prize substitution allowed by winner. Sponsor(s) reserves the right to substitute Prize of equal or greater value if advertised Prize becomes unavailable. All Prize details are at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value if the advertised Prize or portion thereof becomes unavailable. No prize substitution (in whole or in part), cash redemption, sale or transfer of prize permitted by the winner, except at Sponsor’s sole discretion. If and only if a prize winner is not eligible to receive the prize, or does not qualify to receive the Grand Prize for any reason, an additional selection shall be made to determine an additional prize winner. The Prizes consists only of the items described above. Each winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, background check and, where lawful, a publicity release and other documents as requested by Sponsor prior to acceptance of the prize. Prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture and may invalidate the prizes. Receiving the prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate potential winner from among all remaining eligible entries.
8. RELEASE OF LIABILITY AND PUBLICITY CONSENT: By participating in the Sweepstakes, entrants release, indemnify and hold harmless the Sponsor, and each of their respective parent companies, affiliates, subsidiaries, officers, directors, partners, equity holders, agents, employees, and all others associated with the development and execution of this Sweepstakes (collectively, the “Released Parties”) from and against any and all claims, damages or liabilities with respect to, or in any way arising from or relating to such entrant’s participation or attempt to participate in the Sweepstakes, the ability or inability to upload or download any information in connection to the Sweepstakes and/or the acceptance or use (included related travel if any) of the Prize (if applicable), including without limitation liability for personal injury, damages, death, monetary loss, defamation or violation of privacy rights. No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors, omissions or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed, incomplete, inaccurate, damaged, destroyed, misdirected or not received or intercepted transmissions; inaccessibility of any Web site in whole or in part for any reason; traffic congestion on the Internet or any Web site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized access, tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of any email account used in connection with the Sweepstakes; any errors, omissions, interruptions, deletions, defects, delays in operation failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; causes beyond Sponsors’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); or cheating or fraud by any participant. Sponsor is not responsible for any typographical errors, any incorrect or inaccurate information, whether caused by entrants, site users, tampering, hacking or printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on any Web site. Use of any Web site is at user’s own risk. Neither Sponsor, no affiliate entities are responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer (hardware or software) and/or other device related to or resulting from participation in the Sweepstakes or the acceptance or use of any prize awarded. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. Sponsor is not liable in the event that any portion of the Sweepstakes or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control (a “Force Majeure Event”). All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. By accepting a Prize, the recipient consents to the use of his/her name, photograph, likeness, taped, filmed or otherwise recorded image, statements and limited biographical information (city and state of residence) for publicity or advertising purposes in all media worldwide, including but not limited to social media, without limitation and without further compensation or notice.
9. WINNER NOTIFICATION: Winner will be notified by email (specific method[s] of notification being of Sponsor’s sole choosing) on or about Monday, November 6, 2023 and will be required to respond to email message within 48 hours or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion. In the event of noncompliance with this requirement or if potential winner cannot be contacted within indicated time period for any reason, prize will be forfeited without compensation of any kind and an alternate winner may be selected. Potential winner must reply with all requested information within forty eight (48) hours of the first attempted winner notification in order to claim their prize. The winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release and other documents as requested by Sponsor prior to acceptance of a prize. If, despite reasonable efforts any prize notification is returned as unclaimed or undeliverable, any potential winner is found to be ineligible, has not complied with these Official Rules, cannot be verified, fails to return any required documents, or declines a prize for any reason, such potential winner will be disqualified and at Sponsor’s discretion, an alternate potential winner may be selected. Receiving a prize is contingent upon compliance with these Official Rules. In the event that any potential winner is disqualified for any reason, Sponsor may award the prize to an alternate potential winner from among all remaining eligible entries. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR; THE DECISIONS OF XPERIENCE RESTAURANT GROUP ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL THE WINNER HAS BEEN VERIFIED AND NOTIFIED THAT THE VERIFICATION IS COMPLETE.
10. GENERAL CONDITIONS: In no event will Sponsors be liable for awarding more than one (1) Prize. If, for any reason, the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, social media mandate or any other causes beyond the control of Sponsors that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the end date of the Entry Period, Prize will be awarded in a random drawing from among all eligible, non-suspect entries received prior to the time of termination. Sponsor reserves the right at their sole discretion to disqualify any individual for: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules or any laws; (c) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, misappropriation, infringement, or any other unfair playing practices; (d) poor sportsmanship; or (e) acting in a way that is intended to annoy, abuse, threaten, or harass any other participants, Sponsors, or their respective representatives. LEGAL WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES A SPONSOR WEBSITE OR SOCIAL MEDIA ACCOUNT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. All federal, state and local laws and regulations apply. The winner is solely responsible for any taxes on any prize, and may receive an IRS Form 1099 for the ARV of the prize. Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. The winner must provide the Sponsors with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsors will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsors. No transfer of prize is permitted. Unclaimed prize will not be awarded. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason.
11. PARTICIPANTS’ PRIVACY: Any personally identifiable information collected in connection with an entrant’s participation in this Sweepstakes will be used by Sponsor, its respective affiliates, and agents only for purposes of the proper administration and fulfillment of the Sweepstakes, as described in these Official Rules, and in any manner consistent with Sponsor’s Privacy Policy, available at https://www.xperiencerg.com/privacy-policy/.
12. DISPUTES/VENUE/GOVERNING LAW: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or the 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 Los Angeles County, California; (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 Sweepstakes, 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 actual 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 PORTIONS OF 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than California. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
13. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. SPONSOR: The Sweepstakes is sponsored by Xperience Restaurant Group. Please direct any questions, comments, or complaints regarding the Sweepstakes to dl-marketing@xperiencerg.com.
15. © 2023 FM Holdings Co., LLC d/b/a/ Xperience Restaurant Group.