CAPTAIN MORGAN PROMOTION AT MLS CUP OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND WASHINGTON, DC, WHO ARE 21 YEARS OF AGE OR OLDER. OFFERED ONLY IN SEATTLE, WASHINGTON. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

ONLY WINNERS’ PERSONAL INFORMATION WILL BE COLLECTED ON-SITE OUTSIDE THE MLS CUP SOCCER GAME. BY SUBMITTING YOUR PERSONAL INFORMATION, YOU AGREE THAT YOU'RE 21+, A US RESIDENT, AND AGREE TO OUR PRIVACY & COOKIE NOTICE AND TERMS AND CONDITIONS.

1. Promotion Schedule.

Promotion will be offered on November 10, 2019 from 10:00 a.m. Pacific Time to 11:30 a.m. Pacific Time. (The end time is contingent upon all prizes not being claimed.)

2. To Enter.

Visit the Promotion area outside the venue hosting the 2019 MLS Cup. Line up in an orderly manner at the Promotion area, following all instructions of the independent third party judging agency. When called by the independent judges, present valid, government-issued photo identification (i.e., driver’s license or passport) establishing that MORGAN is part of your name for legal purposes: MORGAN may be your first, middle or last name. All persons who do so are potential prize winners, provided that prizes remain prior to 11:30 a.m. Pacific Time on November 10, 2019. See Rule 5 below for procedure for prize claim and prize award.

3. Entry Restrictions

A given person will have no more than two (2) minutes after being called in which to supply photo identification to the independent judges. Independent judges will determine in their sole discretion whether (or not) a provided photo identification establishes that the corresponding participant is a MORGAN and therefore a potential prize winner; this determination and all other decisions of the independent judges are final in all matters relating to this Promotion and are not subject to review or appeal. Independent judges’ examination of provided photo identification will result in one (1) of the two (2) following outcomes:

-photo identification is rejected as being inadequate or unreliable**; OR
-photo identification is accepted.

(Only if photo identification is accepted will participant be deemed a potential prize winner.)

**If provided photo identification is determined by the independent judges to be inadequate/unreliable OR if photo identification is not available when a given person is called, the independent judges may in their sole discretion allow such person to retrieve additional/replacement photo identification and return to the end of the line, time permitting. (For the avoidance of doubt, a spot in the line will NOT be “held” for such person.) In determining whether (or not) to allow such person to retrieve additional/replacement photo identification and re-enter the line, the independent judges will give preference to persons who did not previously have an opportunity to be called, in the interest of fairness. Should the independent judges allow a person to retrieve additional/replacement photo identification and re-enter the line, such person will have a maximum of ten (10) minutes to do so.

Independent judges will NOT accept copies of photo identification, third party statements attesting to a given participant being a MORGAN or other materials in lieu of original photo identification as issued by a governmental body.

If a participant’s nickname is MORGAN, no prize will be awarded unless MORGAN actually appears on such person’s provided photo identification. If one’s first or middle name is MORGAN but the photo identification provided by such person only references the initial “M,” no prize will be awarded.

Opportunity to be called and present photo identification establishing oneself as a MORGAN is offered on a first come-first served basis. Sponsor does NOT guarantee that all persons will be able to do so even if they are in line prior to 11:30 a.m. Pacific Time on November 10, 2019; and, Sponsor expressly disclaims any and all liability in conjunction therewith.

Presentation of valid photo identification is the sole responsibility of participant him/herself. The use of a third party proxy to “stand in” for a given participant and present photo identification on his/her behalf is prohibited. Sponsor is not responsible for technical difficulties, equipment or service issues of any kind which might affect the procedure for persons lining up in the Promotion area; persons presenting photo identification; the independent judges evaluating such presented photo identification; or the independent judges notifying potential prize winners.

Participant will be automatically disqualified (and no prize will be awarded even if his/her official name includes MORGAN) if the independent judges determine in their sole discretion that such participant:

(a) failed to adhere to all of the instructions of the independent judges, including but not limited to seeking to present photo identification at any time other than when participant was called by the independent judges to do so;
(b) provided fake identification, identification that has been tampered with in any way, otherwise sought to misrepresent his/her identity as a MORGAN to the independent judges or engaged in any other act of fraud in conjunction with Promotion participation (such conduct also constitutes tampering as per Rule 7 below);
(c) failed to conduct him/herself in a respectful, socially acceptable and appropriate manner when participating in the Promotion, including his/her actions toward the independent judges, other participants or other persons as determined by the independent judges in their sole discretion, including but not limited to “cutting” the line, verbally abusing or threatening any persons.

A given nuclear family (i.e., parents and their children) may only participate once. Violation of this restriction will automatically result in disqualification of all participants who otherwise would have qualified as potential prize winners.

Participants’ personal information will only be used by Sponsor for purposes of Promotion administration and will only be shared with Major League Soccer, L.L.C to the extent necessary to fulfill the prize.

4. Prizes.

(10) Grand Prizes will be awarded. Each Prize consists of Upper Level tickets in the designated seating location to the MLS Cup Game on November 10, 2019 at 12:00 p.m. [noon] Pacific Time (“Game”) for winner and up to two (2) guests (i.e., winner’s “crew”) each of whom must be 21 years of age or older. (For the avoidance of doubt, winner’s guests need not also be named MORGAN.)

Alcohol beverages are not part of the Grand Prize.

Seat location will be determined by Sponsor in its sole discretion, with winner and guests being seated along with other winners/guests. Tickets are valid only for the MLS Cup on November 10, 2019 and are subject to terms/conditions of use as indicated thereon. Venue restrictions may apply. Winner and his/her guests agree to conduct themselves at all times in a respectful, socially acceptable and appropriate manner while attending the Game; if winner or guest[s] fail to do so (as determined by Sponsor or Major League Soccer, L.L.C. [the sponsor of the Game] in the sole discretion of either party), winner and/or guest[s] (as appropriate) will be ejected from the Game and Sponsor and Major League Soccer, L.L.C. will have no further liability or obligation to such winner and/or guest(s); and, if such behavior is particularly egregious, Sponsor and/or Major League Soccer, L.L.C. may pursue legal sanctions against the winner and/or guest(s). Should winner not have two (2) guests accompany him/her to the Game for any reason (including failure of guest to comply with the liability/publicity release requirement, as discussed in Rule 5 below), winner will only receive a quantity of tickets appropriate for the number of persons actually attending the Game (including the winner him/herself); i.e., either one (1) or two (2) tickets to the Game. In such case, no alternate prize or compensation will be awarded and prize value will be decreased accordingly. Resale of Game tickets is prohibited.

If winner/guests already have tickets to the Game, the winner’s tickets will be exchanged for tickets in the designated seat location. In either case, no alternate prize or compensation will be awarded.

All other, unspecified expenses in attending the Game (e.g., concessions, food and beverages) are the sole responsibility of prize winner.

Total approximate retail value of each Grand Prize is $237.00.
Total approximate retail value of all Grand Prizes: $2370.00.

Odds of winning a prize depend on whether a given eligible individual has MORGAN as his/her first, middle or last name for legal purposes and when such eligible individual participates in the Promotion.

5. Winner Verification/Prize Claim.

Prize claim will take place “on the spot” immediately following independent judges’ determination that a given participant is a potential prize winner; allow approximately ten (10) minutes from time of independent judges’ determination that a person is a potential prize winner for completion of prize claim procedure. To claim prize, winner will be required to sign and return affidavit of eligibility, a liability release and a publicity release (where lawful). After winner submits signed affidavit of eligibility, a liability release and a publicity release (where lawful), he/she will be awarded prize ticket for him/herself and liability and publicity release[s] (where lawful) to be signed and returned “on the spot” by his/her guest[s]. But, if participant fails to sign and return the affidavit of eligibility, a liability release and a publicity release (where lawful) at such time, the prize will be forfeited and may be awarded to another winner at Sponsor's sole discretion (time permitting). Each guest of Grand Prize winner must sign and return a liability release and a publicity release (where lawful). After each guest submits a signed liability and publicity release (where lawful), he/she will receive a ticket. If a guest fails to do so, Grand Prize winner must accept the prize without such guest; and, in such case, winner will not receive any additional prize or compensation in conjunction therewith. Copies of the affidavit of eligibility, liability release and publicity release (where lawful) and guest liability release and publicity release (where lawful) are available for review at the Promotion area upon request. ANY REMAINING PRIZES (WHICH ARE EITHER UNCLAIMED OR FORFEITED) AT THE END OF THE PROMOTION WILL NOT BE AWARDED.

WINNER AND GUESTS EACH AGREE THAT AN ELECTRONIC SIGNATURE/AFFIRMATION OF THE AFFIDAVIT OF ELIGIBLITY AND LIABILITY/PUBLICITY RELEASE (FOR WINNER) AND LIABILITY/ PUBLICITY RELEASE (FOR GUESTS) SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A HAND-SIGNED DOCUMENT.

Should the number of potential prize winners exceed the allotted number of prizes as set forth above, only the indicated number of prizes (which were not previously awarded) will be awarded via random drawing from among all eligible prize claimants. In no event will more than the stated number of prizes be awarded in the Promotion.

Except where prohibited, acceptance of prize constitutes winner’s consent to Sponsor’s use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.

Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.

6. Eligibility.

The Promotion is open only to legal residents of the United States and Washington, DC, who are 21 years of age or older at the time of entry. Void where prohibited or restricted by law. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., Soccer United Marketing, LLC (“SUM”), Major League Soccer, L.L.C. (“MLS”) and collectively with SUM, the “MLS Entities”), their member clubs, Perform Media Channels Limited, and (as applicable), their respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply.

7. General Conditions.

Participation in the Promotion constitutes an individual’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on prize are winner’s sole responsibility. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.

Entrants hereby agree to indemnify, defend, and hold Sponsor, MLS Entities and their member clubs, Perform Media Channels Limited, as well as Facebook, Inc./Instagram, harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of: any breach or alleged breach of any of the warranties and representations set forth above; and/or participation in this Promotion (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of the prize awarded (including any travel or activity related thereto). Sponsor makes no representation, warranty or guarantee of any kind (including the warranty of merchantability or fitness for intended purpose) regarding the prize.

The value of the prize won by a participant under the Promotion may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.

In consideration of his/her receipt of any prize, prize winner for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, MLS Entities and their member clubs, Perform Media Channels Limited, as well as Facebook, Inc./Instagram, from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Promotion, including, but not limited to, prize winner’s participation in the Promotion; use of prize winner’s name, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize (whether or not provided by Sponsor as part of the prize); financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

CAUTION: ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR TO DEFRAUD SPONSOR IN CONJUNCTION WITH THE CONDUCT OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.

8. Winners’ List.

For winners’ list, please send an e-mail with CAPTAIN MORGAN MLS CUP WINNERS to CaptainMorganTeam@taylorstrategy.com for receipt by December 10, 2019 at 2:00 p.m. Pacific Time.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook/Instagram.

Sponsor: Diageo Americas, Inc., Norwalk, CT.

CAPTAIN MORGAN. Caribbean Rum with Natural Flavors. 35% Alc/Vol. Captain Morgan Rum Co., Norwalk, CT.

DRINK RESPONSIBLY. CAPTAIN'S ORDERS