Shakers Club Activation “OFFICIAL RULES”
1. Eligibility: The activation is open only to legal residents of the United States who are at least twenty-one (21) years old and in attendance at San Francisco Outside Lands Music and Arts Festival ® (“Festival”). Employees of Mosaic, BBDO (“Administrators”), Bacardi U.S.A., Inc. (“Sponsor”) OSL Entities, 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 (“Activation”). “OSL Entities” shall mean:
OSL Guide, LLC, a California Limited Liability Company, OSL Partnerships LLC, a California Limited Liability Company, San Francisco Festivals, LLC, a California Limited Liability Company, Another Planet Entertainment, LLC, a Delaware Limited Liability Company, dba Another Planet Entertainment and Another Planet, APE Marketing, LLC, a Delaware Limited Liability Company, Superfly SF, LLC, A Delaware Limited Liability Company, Superfly Productions, LLC, a Delaware Limited Liability Company, Superfly Events, LLC, a Delaware Limited Liability Company, SH Holdings, LLC, a Virginia Limited Liability Company, Red Light Management, Inc., a Virginia Corporation, Main Street Holdings, Inc., a Virginia Corporation, Starr Hill Presents OSL, LLC, a Virginia Limited Liability Company, Superfly Marketing Group, LLC, a New York Limited Liability Company and each of the officers, directors, managers, members, shareholders, agents, representatives and employees of each of the foregoing and the City and County of San Francisco, a municipal corporation, acting by and through the Recreation and Park Department and each of their directors, employees and agents.
2. Entry Period: The Entry Period begins at October 29th 2021 11:45am PDT and ends at October 31th 2021 10:00pm PDT (the “Entry Period”). Administrator’s computer is the official time-keeping device for the Activation.
3. HOW TO ENTER:
a. Festivalgoers who follow @bacardiUSA will hear about the activation via Social (Twitter, IG, Snapchat, Facebook)
b. Festivalgoers will pick up bracelets in-person at CASA BACARDI – the brand activation space at Outside Lands Music Festival. Only the first 250 total festivalgoers per day can participate in the Activation (“Participants”).
c. Participants will sign-up on an iPad with a promotion specialist and receive their wristband.
d. Once they sign up, Participants receive a motion-tracking wristband and they can return after achieving 10K steps for a tier 1 prize, 15K steps for a tier 2 prize, and 20K steps for a tier 3 prize.
e. Prizes will be awarded to qualified Participants on a first-come-first-served basis (“Winner”)..
f. Each Participant can receive only one prize.
Entries will not be eligible if submitted by any method not specified above, or if received outside of the Entry Period or not in accordance with the Official Rules.
5. PRIZE WINNER SELECTION: Winners will be selected by Tier Level on a first-come-first-served basis. If the Winners Tier Prize is no longer available, they will receive the prize of the lesser Tier and so on until all prizes have been depleted.
6. Odds of winning any Prize depend on the number of valid entries received. By participating, Participants agree to be bound by these Official Rules and by the decisions of the judging organization, which are final and binding in all respects. If Prize is returned or unclaimed, Prize will be forfeited. All other expenses not specified herein are the sole responsibility of each Winner. Prizes are subject to availability. Sponsor(s) may substitute a Prize of equal or greater value if any Prize becomes unavailable for any reason. Prizes are nontransferable, and no cash or other substitutions will be offered except at the sole discretion of Sponsor(s).
Prior to being declared a Winner, selected Participants must:
a. be eligible according to these Official Rules:
b. agree to the Official Rules, which shall serve as the Winner’s agreement to release and indemnify Sponsor, and its and their respective parent(s), subsidiaries, affiliates and/or related companies and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising, media buying and promotional agencies as well as OSL Entities from any liability in connection with the Activation and/or the Prizes (“Release”). This Release will include without limitation any and all rights that Participants and Winners may have had, or presently has, with respect to the provisions of Section 1542 of the California Civil Code (“Section 1542”). Winners, as a condition of receiving the Prize, will expressly waive all benefits and protections of Section 1542, which provides in full:
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.
7. General Conditions: In the event that the operation, security, or administration of the Activation is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Activation to address the impairment and then resume the Activation 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. The Activation is subject to federal, state, and local laws and regulations and is void where prohibited.
8. Release and Limitations of Liability: By entering, each Participant shall agree to release and hold harmless Sponsor, Administrator, the OSL Entities, 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 Activation 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 Activation or the processing of entries; or (g) injury or damage to persons or property. Each Participant further agrees that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. Each Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
10. Disputes: Participants agree that any disputes, claims, and causes of action arising out of, or connected with, the Activation 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, Participant’s 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. Winner Information: For the names of Winners, send a self-addressed stamped envelope to:
BBDO New York
Attn: Josh Freeland
1285 Sixth Avenue
New York, NY 10019 USA
12. Sponsor and Administrator: The Activation is sponsored by Bacardi U.S.A., Inc., 2701 Le Jeune Road, Coral Gables, FL 33134, and is administered by Mosaic: 320 N Elizabeth St, Chicago, Illinois 60607, US.
This Activation is in no way sponsored, endorsed or administered by, or associated with, the Festival, Facebook, Twitter, Instagram or any other social network or platform or any of the OSL Entities. You understand that you are providing your information to the Sponsor and the Administrator of this Sweepstakes, and not to the OSL Entities or the Festival, Facebook, Twitter, Instagram, or other social network or platform. Any questions regarding this Activation should be directed to the administrator.
San Francisco Outside Lands Music and Arts Festival and Outside Lands are a registered trademarks of SF Festivals, LLC