Sub-Par Sponsorship

TITO’S SUB-PAR SPONSORSHIP CONTEST

(THE “CONTEST”)

OFFICIAL RULES

THIS CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION IN: (A) THE 50 UNITED STATES (EXCEPT FOR THE STATE OF MAINE); (B) THE DISTRICT OF COLUMBIA; AND (C) THE U.S TERRITORY OF PUERTO RICO (THE “ELIGIBILITY AREA”). PLEASE DO NOT PLAY IF YOU ARE NOT A LEGAL RESIDENT OF, AND NOT LOCATED IN, THE ELIGIBILITY AREA. VOID IN THE STATE OF MAINE, THE U.S. VIRGIN ISLANDS AND U.S. TERRITORIES AND POSSESSIONS APART FROM PUERTO RICO, AND WHERE PROHIBITED BY LAW.

THIS PROMOTION IS DESIGNED AS A SKILL CONTEST. CHANCE PLAYS NO ROLE IN THE DETERMINATION OF WINNERS. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.

ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.

1. ENTRY PERIOD:
Tito’s Sub-Par Sponsorship Contest (the “Contest”) begins on September 14, 2023 at 9:01 a.m. Eastern Time (“ET”) and ends on November 14, 2023 at 11:59 p.m. ET (“Contest Period”). The Contest is sponsored by Fifth Generation Inc., (the “Sponsor”). The computer clock of Administrator is the official time-keeping device in the Contest.

2. ELIGIBILITY:
The Contest is open only to legal residents of the 49 United States (50 U.S. other than Maine) and the District of Columbia and Puerto Rico, who are twenty-one (21) years of age or older at the time of entry. Void in the State of Maine, the U.S. Virgin Islands and U.S. Territories and Possessions apart from Puerto Rico, and where prohibited by law. Employees, officers and directors of the Sponsor, Snipp Interactive Inc. (the “Administrator”), and their respective parent companies, affiliates, subsidiaries, advertising, and fulfilment and marketing agencies, (collectively, “Contest Parties”) as well as any alcohol beverage licensees (including alcohol beverage suppliers, wholesalers, distributors or retailers) and in each case their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. By participating in the Contest, you release, discharge and hold harmless Contest Parties, their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void anywhere not listed above, and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. TO ENTER:
During the Contest Period, an eligible entrant must follow the steps below to receive one (1) entry into the Contest (an “Entry”, which term includes any Photograph, Video and other content included as part of the Entry):

Visit titosgolfclub.com and follow the instructions to sign up for Tito’s Golf Club.

Sign into your Instagram or X account (or create an Instagram or X account if you not already have one) and make sure that your profile on these platforms is set to public;

Compose a new post on Instagram or X that includes a photograph (the “Photograph”) or a video (the “Video”) and that demonstrates why the person in the picture or video is the most sub-par golfer (along with a detailed description), tag @TITOSVODKA and include #TitosSubParSponsorshipNominee at the beginning of the caption.

All Entries must be received during the Contest Period and by November 14, 2023, at 11:59 p.m. EST. Limit of one (1) Entry per person, per email address, throughout the Contest Period, regardless of method of entry (i.e., on Instagram or X).

Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an Entry, the Entry will be deemed to have been directly submitted by the authorized account holder of the relevant account used to enter the Contest. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. By entering and/or participating, Entrants agree to be bound by these Official Ruler and Sponsor’s website Terms of Use Privacy Policy as set forth in these Official Rules.

4. REQUIRED REPRESENTATIONS AND WARRANTIES:
You must meet all of the following as applicable to your Entry. Failure to do so may result in your disqualification. By entering, you represent and warrant with regard to your Entry:

1. It is your own original work, or you must have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene, or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party. For all Videos, please note that the Video must be solely your own work, including but not limited to, the actual filming, editing, graphic design, etc. of the Video.

2. Your Entry cannot have been selected as a winner in any other contest, or published previously by any party other than entrant;

3. Your Entry must be in English (except for commonly understood foreign words);

4. Your Entry must comply with respective social media platform’s terms of use (i.e., Instagram terms of use located at: http://instagram.com/about/legal/terms/ and X terms of service located at https://twitter.com/en/tos#update)

5. You have the express written consent of any identifiable persons appearing or referenced in your Entry or Entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your Entry or Entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor.

6. No person appearing in any Entry is under the age of twenty-one (21).

7. All Entries must demonstrate an acknowledgement, understanding and/or a positive reinforcement of alcohol responsibility, as defined by the Sponsor;

8. Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);

9. Except for the marks of the Sponsor (addressed below), the Entry does not reference or include any person other than Entrant, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to use Tito’s mark in your Entry solely for purposes of entering. You shall immediately cease any and all use of Tito’s mark upon expiration or termination of this Contest.

10. Your Entry is appropriate for public viewing. Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages: (a) gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; (b) the use of prostitution, pornography, nudity, profanity or other adult content, or violence; or the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government. Without limiting the foregoing, your Entry cannot be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable, including without limitation communicating messages that may reflect negatively on the goodwill of Sponsor. Your Entry or Entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.

Sponsor reserves the right in its sole and absolute discretion to not consider any Entry for the Contest if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your Entry or Entries comply with the requirements set out above including those at (1) – (10) above. By entering, you will and hereby do grant to Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any Entry in favor of the Sponsor.

By submitting your Entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.

5. WINNER SELECTION; NOTIFICATION:
On or about November 17, 2023 to December 1, 2023, a panel of qualified judges selected in Sponsor’s sole discretion (the “Panel”) will select potential prize winners from among the eligible Entries received in accordance with these Official Rules and based on the following judging criteria (“Judging Criteria”), weighted in Sponsor’s sole discretion: (a) [originality]; (b) [creativity]; (c) [humor]; and (d) [relevance to brand].

The selected winners are subject to verification of eligibility and compliance with these rules. Limit one (1) Prize per person and per household.

For the abundance of caution, it is hereby clarified that the Panel may review multiple Entries that submit similar Entries; in such a case, the Panel may consider the timing of such Entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar Entries. The selected winner is subject to verification of eligibility and compliance with these Official Rules.
If Sponsor does not receive a sufficient number of Entries meeting the Entry requirements, Sponsor may, at our discretion, select fewer winners than the number of Prizes described below.

Potential winner(s) will be following judging with prize claim instructions, including submission deadlines. If potential winners do not respond to the notification within a timely manner, as determined solely by Sponsor, Sponsor may conduct additional judging to select additional potential winners. Potential winners must respond to the notification message and provide all requested information within forty-eight (48) hours of the first contact or attempted contact from Sponsor. Sponsor will require winner to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents. All required documents must be completed and returned to Sponsor within two (2) days of the date and time listed on the documents. If a potential winner cannot be contacted, is disqualified, or fails to timely execute and return any required forms, an alternate winner may be selected from among the remaining eligible Entries. Only three alternate winners will be selected, after which unclaimed prizes will remain unawarded.

TO BE ELIGIBLE TO BE DECLARED THE WINNER, AND AS DIRECTED BY SPONSOR, YOU MUST LICENSE ALL INTELLECTUAL PROPERTY RIGHTS THAT YOU DO OR MAY HAVE IN THE ENTRY TO SPONSOR. BY ENTERING POTENTIAL WINNER EXPRESSLY AGREES TO COMPLETE ALL PAPERWORK REQUIRED TO COMPLETE THIS TRANSFER (THE “INTELLECTUAL PROPERTY LICENSE”) BEFORE HE OR SHE WILL BE PERMITTED TO CLAIM ANY PART OF THE PRIZE OR BE DECLARED THE WINNER.

6. PRIZES; PRIZE TERMS:
There are four (4) Prizes that are available to be won, each of a “Tito’s Golf Bundle” comprising solely of the following:

One (1) Tito's X Vessel Golf Bag (Approximate Retail Value (“ARV”): $190.00)
One (1) Tito's Tee Time 12-Pack (ARV: $49.00)
One (1) Tito's X William Murray Bottle in Disguise Polo (ARV: $43.00)
One (1) Tito's X William Murray Bottle in Disguise Polo Tank (ARV: $43.00)
One (1) Tito's X William Murray Classic Skort (ARV: $50.00)
One (1) Tito's X William Murray Texas on the Green Skort (ARV: $50.00)
One (1) Tito's X William Murray Hometown Button Down (ARV: $48.00)
One (1) Tito's X William Murray Recipe for Success Button down (ARV: $48.00)
One (1) Tito's X William Murray Tee Towel (ARV: $25.00)
One (1) Tito's X William Murray Rope Cap (ARV: $24.00)
One (1) Tito's X William Murray Fleece Flap Cap (ARV: $27.00)
One (1) Tito's X William Murray Transfusion Men's Golf Polo (ARV: $34.00)
One (1) Tito's X William Murray Transfusion Ladie's Golf Polo (ARV: $41.00)
One (1) Tito's X William Murray Texas Icons Golf Polo (ARV: $43.00)
One (1) Tito's X William Murray Texas Icons Golf Polo Tank (ARV: $41.00)
One (1) Tito's X William Murray Bucket Hat (ARV: $29.00)
One (1) Tito's X Vessel Caddy Cooler (ARV: $100.00)

The ARV of each Prize (each, a “Prize” and collectively, the “Prizes”) is eight hundred and eighty-five dollars ($885) and the total ARV of all Prizes is three thousand five hundred and forty ($3,540). The ARV is subject to change based upon current market conditions at the time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. Limit one (1) Prize per person and per household.

7. PRIZE LIMITATIONS:
Limit of one (1) Prize per person, per household. Prize will only be awarded by Sponsor upon potential winners’ verification of eligibility and final approval by Sponsor. If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit you will be disqualified at the discretion of the administrator, or will be void. Entries generated by script, macro, or other automated means, which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. Contest Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered Prizes.

The value of a Prize may be taxable to the winner as income. Relevant tax forms may be issued in the name of the winner for the actual value of the Prize awarded. All federal, state, and local tax liability, and any other costs and expenses associated with acceptance or use of a Prize not specifically provided for in these Official Rules are solely the winner’s responsibility. Failure to complete any component of any Prize does not relieve the Prize winner of his/her tax obligations associated with winning such Prize.

All Prizes are awarded “AS IS.” Neither Sponsor nor Contest Parties make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability, and fitness for a particular purpose) in connection with this Contest or any Prize. No issuer of any offered Prize is sponsoring this Contest. Prize details and availability are subject to change, in which case a Prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Sponsor will determine all Prize details in its sole discretion.

No more than the advertised number of Prizes shall be awarded. If, for any reason, more bona fide winners come forward seeking to claim a prize in excess of the four (4) Prize(s) available as set forth in these Official Rules, the Winner of the applicable Prize(s) 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 Prizes are subject to certain terms and conditions as specified herein. A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any Prize, unless otherwise specified. Prizing may be fulfilled by a third-party fulfilment agency. Prizes will only be awarded if properly claimed according to the Rules. All costs and expenses related to the Prize(s) acceptance, the Prize(s), and/or Prize(s) use not specified herein as being provided are the sole responsibility of winner(s).

NEITHER SPONSOR NOR ANY CONTEST PARTY SHALL HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF OR RELATED TO THE PRIZE OR ANY ACTIVITY RELATED TO THE PRIZE OR ANY OTHER ASPECT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

8. MISCELLANEOUS:
By entering the Contest, you recognize and agree that any registration information provided by you will be made available to Sponsor; use of such information will be governed by Sponsor’s Privacy Policy found at https://www.titosvodka.com/privacy/. Upon entering the Contest, winners grant Sponsor the right to print, publish, broadcast, and use world-wide in any media now known or later developed, the winner's name, portrait, picture, voice, likeness, city and state of residence, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. You agree to comply with these Official Rules and the decisions of the Sponsor and judges shall be binding and final.

9. RELEASE:
As a condition of entering the Contest, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form class action; and (3) in no event will you be entitled to receive attorneys’ fees. BY ENTERING THE CONTEST, YOU AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS CONTEST PARTIES AND THE RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY. YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. DISCLAIMER:
Contest Parties are not responsible for printing or typographical errors in these Official Rules or in any Contest-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Contest and award the Prizes for the Contest from among all eligible, non-suspect entries received as of the date of termination in a random drawing for the Contest if for any reason this Contest is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Contest. Contest Parties are not responsible or liable for any events which may cause errors and/or the Contest to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any email or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to yours or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Contest Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing of Entries, or in any other Contest-related materials. Contest Parties may stop you from participating in this Contest if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error, or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than those listed in Section 6.

CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

11. CHOICE OF LAW AND JURISDICTION:
Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of Texas. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the State of Texas. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

12. TAX INFORMATION:
All federal, state, local, and other taxes on Prizes and any other costs and expenses associated with Prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.

13. WINNERS LIST:
To receive the list of winners of Prizes, please visit https://titosvodka.com/subparw... until December 31, 2023.

14. Privacy Information:
Sponsor shares your concerns about the privacy of your personal information. Please refer to Sponsor’s privacy policy located at https://www.titosvodka.com/privacy/.

By entering this Contest, unless you have opted out upon entry, you agree to receive marketing materials, communications, and other materials from the Sponsor and/or any promotional partners whose products and services Sponsor feels might interest you at a future date. Email addresses may be stored if supplied, and you may receive email correspondence from, or on behalf of Sponsor subject to Sponsor’s privacy policy. Sponsor uses commercially reasonable efforts to comply with Federal CAN-SPAM guidelines, and you may subsequently opt-out of receiving further emails by following the opt-out instructions contained in any such email.

15. Unsubscribe:
At any time after you enter, if you are not interested in receiving communications from Sponsor, you may notify the Sponsor that you do not desire to receive such materials by following the opt-out instructions contained in a communication from Sponsor.

SPONSOR: Fifth Generation, Inc., PO Box 17067 Austin, TX, 78760

ADMINISTRATORS: Snipp Interactive Inc., 6708 Tulip Hill Terrace, Bethesda, MD 20816

Tito's Handmade Vodka is a registered trademark of Fifth Generation, Inc. Crafted To Be Savored Responsibly

Tito's Handmade Vodka is distilled from corn and is certified GLUTEN-FREE. Distilled and bottled by Fifth Generation, Inc. Austin, Texas. 40% alcohol by volume

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or X Corp. Information is being provided to the Sponsor, not to Instagram, Inc. or X Corp. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Instagram, Inc. or X Corp. Your participation in this Contest must at all times comply with all applicable Instagram, Inc. and X Corp terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Contest.