Mercado Global Insurance Brokers Raffle
February 24 to 25, 2023
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
VOID WHERE PROHIBITED BY LAW.
Promotion Description & Official Prize: The Raffle is administered by Sponsor. The raffle will grant two (3) lucky winners - Two (2) winners for wine prize and One (1) winner for Apple Watch.
Entry Period: The entry period for the ICONIC SHARON & REGINE CONCERT RAFFLE (“Raffle”), sponsored by MERCADO GLOBAL INSURANCE BROKERS (“Sponsor”), begins Friday, February 24, 2023, at 8:00:00 a.m. Pacific Savings Time (“PST”) and ends at 3:59:59 p.m. PST on Saturday, February 25, 2023 (the “Raffle”). Any attempted form of entry into the Raffle other than as described herein is void.
Eligibility: The Raffle is open only to individuals who meet the following criteria at the time and date of entry and through award of the prizes: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence, if over 18) or older, who have provided valid required information needed in Mercado Global Insurance Brokers official entry form by scanning its QR code, (b) are a citizen or legal resident of and physically residing in one (1) of the fifty (50) United States or the District of Columbia. This Raffle is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law. Any person who attempts to participate in this Raffle, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Raffle successfully, is referred to in these Official Rules as an “Entrant”.
Employees of Sponsor, Mercado Global Insurance Brokers (including all entities involved in the production and/or promotion of Mercado Global Insurance Brokers and their advertising agencies) any other party participating in the design, operation, promotion, or fulfillment of this Raffle, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Raffle Entities”) are not eligible to participate in the Raffle and/or win a Prize (as defined below). Additionally, immediate family members of any such ineligible person and persons living in the same household as any such ineligible person (whether related or not) are not eligible to win. For the purposes of this Raffle, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Raffle, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
How To Enter: Entrant may enter via scanning Sponsor’s QR code displayed on various ad and marketing materials of the MD4 Lions Club Event. (Entrants initiating the entry process via the QR Code must then complete an online entry form to finish submitting their entry.)
Entries received before and/or after the Raffle Period will be void.
Entrant must then complete and submit the Raffle entry form, including all of the following:
- All required contact information requested on the Raffle page, including, but not limited to, Entrant’s first name, last name, e-mail address, mailing address, and phone number(s) (“Personal Information”).
- Entrant will also be required to check a box acknowledging that Entrant has read and accepts the Raffle Official Rules.
- A qualifying entry requires all of the following elements submitted via the Sponsor’s QR Code:
- Acknowledgment that Entrant meets the eligibility requirements criteria:
- Entrant is at least eighteen (18) years of age; (or age of majority in their jurisdiction of residence, if over 18);
- Entrant is a citizen or legal resident of and physically resides in one (1) of the fifty (50) United States or the District of Columbia. (As indicated above, the Raffle is void in and excludes residents of Puerto Rico, Guam, American Samoa, any other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law or by these Raffle Official Rules);
- The required Personal Information, as described above.
- Limit one (1) entry into the Raffle per person, regardless of the number of email addresses they may have.
- Any attempt(s) made by the same individual to submit more than the permitted number of entries by using multiple emails, mobile numbers, social media accounts, false contact information, or otherwise may result in the Entrant being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Raffle at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
- Prize winners may be required to show proof of being the registered account holder. “Registered account holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the applicable domain or to a social media user name by the applicable social platform. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified. The Raffle Entities may run multiple campaigns, contests, Raffle or other promotions simultaneously. Entry into one (1) campaign, contest, or Raffle does not constitute entry into any other.
Entrant’s entry must be received by Sponsor between Friday, February 24, 2023, at 8:00:00 a.m. Pacific Savings Time (“PST”) and ends at 3:59:59 p.m. PDT on Saturday, February 25, 202
It is the sole responsibility of the Entrant to notify Sponsor in writing of any changes to Personal Information, including email addresses, by mailing such notice (for receipt during the Raffle Period) to: MERCADO GLOBAL INSURANCE BROKERS P.O. BOX 361504, MILPITAS, CA 95035.
Prizewinner Selection Process: There will be three (3) selected in this Raffle.
All potential Prize winners will be selected through a random electronic drawing during the MD4 LIONS Event on or about 4:00pm PST on Saturday, February 25, 2023 from all eligible entries received for that specific drawing in accordance with these Official Rules.
Prize winners need to be present in the event to claim the prize. Sponsor will have complete discretion over interpretation of the Official Rules, administration of the Raffle, and selection of the Prizewinners. Decisions of the Sponsor as to the selection of the Prizewinners will be final. If Entrant is selected as a Prizewinner, Entrant is limited to a maximum of one (1) Prize.
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be selected as a Prizewinner and contacted at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
Prize Winner Notification: Each potential Prizewinner will be notified using the Personal Information provided during entry by any of email, telephone, mail, text message, a post on the potentially winning entry, or through a direct message on a social media platform (if applicable) (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The potential Prizewinner must respond within twenty-four (24) hours of notification, and in accordance with the instructions in the notification, or the Prize may, in Sponsor’s sole discretion, be forfeited. The Raffle Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, text, direct message on a social media platform, and/or placing of a phone call, one (1) day after sending via a delivery service, or two (2) days after mailing. A potential Prizewinner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Raffle Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email or voicemail inbox to receive messages, or any limitations associated with receipt or delivery of text messages or direct messages.
Each potential Prizewinner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive their Prize. In addition, for any Prize with a value of $600 or more, or in the event the potential Prizewinner has been awarded prizes in other promotions operated by Sponsor for which this prize will cause the total value of all prizes received in a calendar year from the Sponsor to be $600 or more, the potential Prizewinner shall be required to return a completed IRS Form W-9 to the Sponsor prior to Sponsor’s delivery of the prize (the “W9”). All Prize claims, including any required Affidavit, are subject to verification by Sponsor or its authorized agent. If any potential Prizewinner fails or refuses to sign and return such Affidavit and W9 within the time period required by Sponsor or its authorized agent or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prizewinner, such potential Prizewinner may be disqualified and an alternate Prizewinner may be selected. Non-compliance shall result in disqualification. If any potential Prizewinner is found to be ineligible, or if they have not complied with these Official Rules and all other additional or supplemental rules or instructions, or declines a Prize for any reason prior to award, such potential Prizewinner may be disqualified and an alternate potential Prizewinner may be selected. If, for any reason, more bona fide Prizewinners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Raffle Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Prizewinner.
Additional Prize Information: Sponsor will not replace any lost or stolen cash, cash equivalent, gift cards, or other forms of prize distributed. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded.
Terms and conditions of gift cards apply. Any taxes (federal, state, and local) and all other costs and expenses associated with Prize acceptance or use and not specified in these Official Rules as being part of a Prize will be the sole responsibility of the Prizewinner. Any Prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute any Prize or any portion thereof with another Prize or Prize component of equal or greater value for any reason, including unavailability of the stated Prize. Entrants waive the right to assert, as a cost of winning any Prize, any and all costs of verification and any liability and publicity which might arise from claiming or seeking to claim said Prize.
If Prizewinner does not accept the entire Prize, the unaccepted Prize (or part of the Prize) will be forfeited and Sponsor will have no further obligation with respect to that Prize or any portion of that Prize. Sponsor will have no liability for a potential Prizewinner’s failure or inability to accept a Prize for any reason. Any failure to use a Prize after acceptance does not relieve the Prizewinner of their tax obligations associated with winning the Prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Prizewinner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the Prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Prizes will only be shipped or otherwise provided to the verified Prizewinner’s address in the fifty (50) United States or D.C. (unless Sponsor agrees otherwise in its sole discretion). Prizes will not be sent to a P.O. Box.
Sponsor will not replace any lost or stolen cash, tickets, vouchers, certificates, gift cards, or other forms of prize distributed. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded.
Ownership and License: All Raffle related materials, including submission entries (“Submission”) becomes the property of Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of Entrant, but entry into this Raffle constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, right to review, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, make derivative works of, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by Sponsor and/or others authorized by Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to use, distribute, perform, display, print, publish, transmit, make derivative works of, edit, adapt, and modify the Submission. All Entrants submitting materials/content as part of the Raffle will be non-exclusively licensing (with the unlimited right to sublicense) to Raffle Entities the right to use Entrant’s name, social media account username, avatar, and likeness, for any purpose (including any and all commercial purposes). Entrant represents and warrants that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.
Any use of any of the Raffle Entities trademarks or copyright interest for any purpose not authorized by Raffle Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
Publicity Grant: Subject to applicable law, each Entrant irrevocably grants the Raffle Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness, social-media username, avatar, biographical material, any content included in an entry, and any other personal attribute or identifier for advertising, promotional and/or publicity purposes, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the Prize(s) to the Prizewinners.
No Warranties: ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” RAFFLE ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF – IF ANY – ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Raffle by such companies.
Release, Hold Harmless and Indemnification: BY ENTERING, ALL ENTRANTS IN THE RAFFLE, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALL RAFFLE ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE RAFFLE AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR ANY OTHER RELEASED PARTY.
Disclaimers: By participating in the Raffle, Entrant agrees to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Raffle (including travel to/from any Raffle activity); (ii) any acceptance, possession, misuse or use of any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from and participation in any Prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Raffle activity and/or Prize. Without limiting the generality of the foregoing, Entrant agrees that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Raffle and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Raffle; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Raffle that may interfere with the Raffle (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website, SMS text service, or social media platform for the Raffle as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the website, SMS text service, or social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Raffle.
The Raffle Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Raffle Entities are not responsible for any typographical errors in these Official Rules, Raffle content or any advertising materials for the Raffle, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the other Raffle Entities or any user, or by any of the equipment or programming associated with or utilized in the Raffle, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Raffle, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Raffle becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of ransomware, cyber-attack, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by Sponsor and/or the other Raffle Entities, any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Raffle, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Raffle or any Raffle offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Prizewinners from all valid entries received for the Raffle prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); ransomware or cyber-attack; order of any court or jurisdiction; or any other cause not reasonably within Sponsor’s control.
General Conditions of Entry: Sponsor reserves the right to cancel, suspend and/or modify the Raffle, or any part of it, if any fraud, or other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Raffle, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion to disqualify any individual, without compensation, it finds to be tampering with the entry process or the operation of the Raffle or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Raffle may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Governing Law: The parties agree that the Raffle and these Official Rules will be governed, construed, and interpreted under the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California.
Dispute Resolution: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Raffle or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court located in San Jose, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Raffle, but in no event attorney’s fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant claims all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Raffle, 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 the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Limitation of Liability: The Released Parties are not liable for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Raffle; (2) unauthorized human intervention in any part of the entry process of the Raffle; (3) technical or human error which may occur in the administration of the Raffle or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Raffle or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Raffle.