National Margarita Day Contest Rules

Margaritaville’s “National Margarita Day” Recipe Contest
OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ELIGIBILITY: The Margaritaville “National Margarita Day” Recipe Contest (“Contest”) is open to legal residents of the 50 United States and District of Columbia who are 21 years of age or older at the time of entry. Employees and directors of Margaritaville Enterprises, LLC (“Sponsor”), Margaritaville Holdings LLC, their respective parents, subsidiaries, affiliated companies, advertising, promotion, or production agencies, web masters and web suppliers (and the IRS dependants, immediate family members and individuals residing in the same household as any of the foregoing persons) are not eligible to participate. Void where prohibited. All applicable federal, state and local laws apply. By participating, you agree to be bound by these Official Rules (“Rules”).

ENTRY PERIOD FOR CONTEST: Contest entry will begin on January 25, 2012 at 12:00:01 a.m. ET, and end on February 7, 2012 at 11:59:59 p.m. ET (“Entry Period”).

HOW TO ENTER: During the Entry Period, visit Margaritaville.com/recipecontest (the “Web Site”) and follow the on-screen instructions to submit all requested information together with your original margarita recipe, including at least one (1) Margaritaville product as an ingredient.. Limit one (1) entry per person and per email address. Additional entries for an individual or account will be disqualified. If substantially similar recipes are submitted by multiple entrants, the earliest submission will count. Entrants are prohibited from using multiple names, email addresses or other means to enter more than once. Any attempt to do so is grounds for disqualification. Proof of submission is not proof of receipt. Sponsor’s database computer is the official timekeeping device for the Contest. Entries will not be acknowledged or returned. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the email account of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

ENTRY/RECIPE REQUIREMENTS: All mandatory fields in the entry form must be completed. Incomplete submissions are void. Recipe entries must: (i) be the entrant’s own creation that does not infringe or violate the rights of anyone else; (ii) use ingredients that are readily available in most well-stocked bars or kitchens; (iii) include specific instructions including exact measurements for each ingredient and step-by-step directions for recipe preparation; and (iv) be capable of successful preparation by a Sponsor representative. Recipes must not: (i) use any packaged mixes; (ii) contain any copyrighted works (other than as owned by the entrant) or brand names (other than those of Sponsor); (iii) defame or libel Sponsor or any third party.

Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for prizes. Sponsor further reserves the right, in its sole discretion, to remove any references to third-party trademarks or other inappropriate content from a submission without disqualifying the entry where, in Sponsor’s determination, such change does not materially alter the submission and the entrant has otherwise attempted in good faith to comply with these Official Rules. Sponsor makes the final determination as to which entries are eligible to take part in this Contest and Sponsor’s decisions shall be binding. Sponsor may post or not post any Submission online or in any other form of communication in its discretion.

JUDGING/SELECTION OF WINNERS: Initial Judging. All eligible submissions received during the Entry Period will be judged by a panel of judges using the following criteria: originality , use of Margaritaville products, and taste profile/compatibility with Margaritaville menu, to determine a maximum of up to ten (10) finalists to be posted on the Website for public voting . Fewer than 10 finalists may be selected if insufficient qualified entries are received.

Public Voting: During the period from approximately February __9_ - _14__, 2012 (“Judging Period”), the public will have the opportunity to cast votes on the Website for their favorite entries among the posted finalists. Exact times and instructions for voting will be posted on the Website. Limit one (1) vote per person and per email address per day. You must have a Facebook account and ‘like” the website page to vote, both of which are entirely free. Use of script, macro or any device to automate voting, hiring outsourced vote-farming services, paying for votes, or engaging in any other conduct deemed inappropriate, disruptive or unsportsmanlike as determined by Sponsor in its discretion, is prohibited, and any entries or votes received through such means will be void. Any attempt by any voter or entrant to submit or solicit more than the stated number of votes by using multiple/different email addresses, Facebook IDs, identities or any other method will void that person’s votes and entry (if any), and he/she may be disqualified from further voting or other participation in the Contest.

Winner Selection: One (1) overall winner will be selected by a panel of judges, on or about February _15_, 2012, from among the eligible finalists applying the following criteria: originality (15%) , use of Margaritaville products (15%), taste profile/compatibility with Margaritaville menu(60%), and public appeal/voting (10%).

PRIZE: One (1) Grand Prize: The prize has four elements: (a) A frozen concoction maker with Approximate Retail Value (ARV) of $299, (b) the opportunity to have the winning recipe used for a featured drink in US Margaritaville & LandShark Bar & Grill restaurants (no monetary value), subject to Sponsor’s discretion as to time, place, duration and whether the recipe is appropriate for use in the marketplace and without guaranty that any recipe in fact will be so used, (c) A year’s supply of Margaritaville Margarita Mix (52 bottles), Margaritaville Salt (12 tins) and a $222 gift card for Margaritaville Tequila, and (d) a trip for two (2) persons to Key West, Florida, comprising the following: roundtrip air transportation for 2 between major airport nearest winner’s home and Key West, 2 night/3 day hotel accommodations at (double occupancy) at a hotel selected by Sponsor, $200 in Margaritaville food credit at Margaritaville Key West Restaurant, and a one-hour mixology class with a Margaritaville bartender. Trip must be completed by December 31, 2012. Grand Prize winner and travel companion must travel on same itinerary. All dates, accommodations and activities are subject to availability and Sponsor’s approval. Some blackout periods may apply. All expenses not expressly stated as being included in the prize trip package description are the responsibility of the winner, as are the duty to possess all IDs or other documents necessary for travel. Major credit card will be required at hotel check-in to cover any incidental expenses. Travel companion must be at least twenty-one (21) years old and must travel on the same itinerary as the winner, and must sign a liability release before taking trip. Ground transportation will be substituted for air transportation at the Sponsor’s sole discretion if air travel is not required due to winner’s proximity to Key West. ARV of total Grand Prize: $2,799. Actual value may vary depending on departure city and dates of travel; any difference between announced value and actual value will not be awarded. Prizes are non-transferable and no substitution by winner is allowed. Sponsor reserves the right to substitute prizes of equal or greater value in the Sponsor’s sole discretion in the event any advertised prize becomes unavailable. Winners are responsible for all taxes due as a result of receipt of a prize.

VERIFICATION OF WINNER: Potential winner will be notified by telephone, mail and/or email using the contact information supplied at time of entry. Notification is scheduled to occur within approximately 2 days after selection of winner. Potential winner may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release, as well as an assignment transferring to Sponsor all right, title and interest in and to the submitted recipe, including but not limited to the copyright. Entry into this Contest constitutes prize winner’s agreement to sign such documents. Prize may be awarded to alternate winner if any requested document is not returned within seven (7) days after initial notification is sent to winner, or if prize notification or prize is returned as undeliverable.

RELEASE OF LIABILITY: By participating, you release Sponsor and Margaritaville Holdings LLC, and each of their respective subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies ("Released Entities"), from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Contest and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (iv) any dispute will be governed by Florida law without regard to principles of conflicts of laws, will be heard in the state or federal courts located in Florida , and the entrant hereby consents and waives any objection to the jurisdiction of such courts.

ADDITIONAL RULES: Entrant represents and warrants that his/her entry: (i) is the original work of the entrant produced for this Contest; (ii) has not won previous contests or awards, or been entered in contests, (iii) has not been published previously in any medium; (iv) does not infringe any third party's intellectual property rights; (v) does not contain obscene or pornographic material; (vi) does not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); (vii) does not include threats to any person, place, business, or group, (viii) does not invade privacy or other rights of any person, firm or entity, and (ix) does not in any other way violate applicable laws or regulations. Entrant hereby agrees to defend, indemnify and hold harmless Released Entities against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of these Official Rules, including, without limitation, entrant's representations and warranties made herein.

By entering this Contest, you irrevocably grant to Sponsor and its agents and persons acting with Sponsor’s authority, the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify your photo submission in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Winner agrees to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in their winning photo, including, without limitation, all copyrights and waive all moral rights.

Entry materials/data that have been tampered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest.

By participating, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of the judges, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any contest it sponsors any person it believes has intentionally violated these official rules; and (ii) suspend, modify or terminate the Contest if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Contest. Entry constitutes consent to the use of prize winner's name, voice, picture and/or likeness, and recipe submitted as part of the entry process, in any and all media without restriction of any kind whatsoever, without compensation for promotion purposes to the extent allowed by law.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

DATA COLLECTION/PRIVACY: Sponsor and its agencies collect personal information from you when you enter the Contest. Entering the Contest constitutes your permission to Sponsor to collect and maintain the data. The information collected is subject to the Sponsor’s Privacy Policy at www.margaritaville.com/privacypolicy.html.

WINNER NAME: For the names of the winner, available after February 22_, 2012, send a stamped, self-addressed envelope to: Margaritaville National Margarita Day Contest Winner, Margaritaville Enterprises, LLC, 6800 Lakewood Plaza Drive, Orlando, FL 32819. Requests must be received by April 30, 2012.

SPONSOR: Margaritaville Enterprises, LLC, 6800 Lakewood Plaza Drive, Orlando, FL 32819.

FACEBOOK: By participating, you release Facebook and it parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any information you submit online is to the Sponsor, and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.