By posting a t-shirt design idea on your personal Instagram page (“Submission”) and participating in the Arizona Beverages USA LLC (“ABUSA”) Show Us Your #AZTSHIRTDESIGN Initiative (“Promotion”) participant understands and consents to agree as follows:
You warrant that you are a legal U.S. resident, at least the age of majority in the state in which you reside. If you are a minor in your jurisdiction, you must have the permission of your parent/legal guardian to participate with a Submission. By participating, participants agree to be bound by the decisions of ABUSA and to comply with all federal, state, and local laws and regulations.
Promotion Submission deadline is 5/31/23 at 11:59:59 PM Eastern Time unless communicated otherwise by ABUSA. ABUSA computer shall be the official timekeeping device.
Participant understands and agrees that (I) ABUSA has wide access to ideas, and design materials submitted to it from outside sources or being developed by its own employees and that such ideas, and designs may be competitive with, similar to (or even identical to) the idea and design Submission by a Promotion participant and that ABUSA shall have no liability to participant or any third party in conjunction therewith; and (II) ABUSA and its agencies do not have any duty of confidentiality or other fiduciary duty to participant relative to any Submission as part of his/her/their participation in the Promotion.
Be sure that your Instagram account settings allow for receipt of direct/private messages from ABUSA or its representative.
Standard data rates may apply if a mobile device is used for Submission. Check with your wireless service provider for details. Wireless service may not be available in all areas.
Participant agrees upon ABUSA request and without consideration of any kind to sign any and all documents that ABUSA may require so as to confirm the foregoing grant of rights in his/her/their Promotion Submission (unless prohibited by law).
Promotion Submission must be original, created by the participant and cannot infringe upon any rights of any third party including but not limited to copyright, or other intellectual property rights, or rights of privacy or publicity. The Submission may not contain references which are obscene, crude, vulgar or defamatory; references to trademarked products, derogatory characterizations of any ethnic, racial, sexual, political or religious groups; contain references to illegal or inappropriate activity, behavior or conduct; or contain any other references that could be considered inappropriate, unsuitable or offensive, as determined by ABUSA, in its sole discretion.
SUBMISSIONS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF ABUSA IN ANY MANNER. ABUSA IS MERELY REQUESTING PERSONS TO SUBMIT A DESIGN IDEA AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.
The decisions of ABUSA are final. Many Promotion Submissions will not be acknowledged. ABUSA reserves the right, in its sole discretion, to cancel, terminate or suspend the Promotion any time for any reason.
If a participant’s Submission is acknowledged, participant (or participant’s parent/legal guardian if participant is a minor) may be required to sign a release in which participant grants ABUSA an irrevocable, perpetual, royalty-free, transferable license of limited right, title and interest in and to Submission, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all formats and media, whether now known or hereafter devised. Participant may be required to assign and transfer any and all rights, title and interest in Submission, including, without limitation, all copyrights and trademark rights, and waives all moral rights in the design idea. Document(s) must be signed and returned to ABUSA within the specified timeline.
PRIVACY AND PUBLICITY: All Submissions will be treated according to the ABUSA Privacy Policy, which can be found at https://drinkarizona.com/policies/privacy-policy.
Participation constitutes participant’s agreement and permission for ABUSA and its agencies to use participant name/likeness, Submission and limited biographical information for advertising and trade purposes in any and all media worldwide without limitation and without further notice or compensation, unless prohibited by law. By participating, participant agrees to release and forever discharge, hold harmless and covenant not to sue ABUSA and each of their respective parent companies, affiliates, subsidiaries, distributors, agents and promotion and advertising agencies, Instagram LLC and the employees, directors and officers of each of the foregoing entities (collectively, the “Released Parties”), from and against any and all claims, demands, damages, losses and liabilities, of any nature whatsoever, which they may now or hereafter assert, including but not limited to, claims for injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to participation/Submission in the Promotion.
By participating, participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the State of New York. Under no circumstances will participant be permitted to obtain awards for attorney fees, and hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.