GOYA HOLIDAY COQUITO KIT SWEEPSTAKES

OFFICIAL RULES

NO PAYMENT, ENTRY FEE OR PURCHASE REQUIRED TO ENTER OR WIN.

OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES (“U.S.”) & U.S. TERRITORIES.  PARTICIPANTS MUST BE AT LEAST TWENTY-ONE (21) YEARS OLD AT THE TIME OF ENTRY.  VOID WHERE PROHIBITED. VALID INSTAGRAM ACCOUNT (SET TO PUBLIC) REQUIRED FOR ENTRY.

1. HOW TO ENTER. NO PURCHASE NECESSARY.  A purchase will not increase your chances of winning. The Goya HOLIDAY COQUITO KIT Sweepstakes (the “Sweepstakes”) is sponsored by Goya Foods, Inc. (“Goya” or “Sponsor”).  The Sweepstakes begins on or about 10:00AM (ET) on 12/18/23, and ends at 11:59PM (ET) on 12/21/23 (the “Sweepstakes Period”). Sponsor’s clock is the official time keeping device for the Sweepstakes.

To enter the Sweepstakes, you must login to your Instagram account, follow these three Instagram accounts: GOYA Foods (@goyafoods), DON Q Puerto Rico (@donqpr) and GOYA Chef Fernando Desa (@cheffernandodesa) and comment on the Sweepstakes specific post by Goya Foods on the GOYA Foods account during the Sweepstakes Period and tag three (3) friends in your comment, who are at least twenty-one (21) years of age. Creating an Instagram account is free, by creating an account you must agree to their terms of service. Your Instagram account must be set to “public” and cannot be set to private.

2. ENTRY LIMITATIONS: Limit one (1) Entry per person on specified posts on Instagram. In the event of a dispute as to the identity of an entrant, any entry will be deemed submitted by the authorized account holder of the Instagram account from which it was sent. A selected winner may be requested to provide Sponsor with proof that the selected winner is the authorized account holder of the Instagram account associated with the winning entry.  If a dispute cannot be resolved, the Entry will be deemed ineligible.   

3. ELIGIBILITY. This Sweepstakes is open only to natural persons who are legal residents of the 50 United States or U.S. Territories who are at least twenty-one (21) years of age at the time of entry and who have a valid Instagram account. Employees, officers, directors and agents of Sponsor, Serrallés USA LLC, their parent companies, affiliates, subsidiaries, advertising and promotion agencies, prize providers, and the immediate family members (meaning spouses, partners, parents, siblings, children and their respective spouses) and members of the households of such employees, officers, directors and agents are not eligible. Alcohol beverage license-holders (including retailers, importers and distributors) are ineligible to enter or win. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant. Sponsor may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded. Sponsor reserves the right to permanently disqualify from this Sweepstakes any person it believes is ineligible or non-compliant with these Official Rules. Sweepstakes is subject to applicable federal and state laws. VOID WHERE PROHIBITED.

4. WINNER SELECTION AND NOTIFICATION. Potential prize winners will be selected at random from among all eligible entries received on or about 12/28/23 by Sponsor (or its designee), whose decisions are final and binding on all aspects of this Sweepstakes. Potential winners will be notified by direct message within approximately forty-eight (48) hours after being selected.  Potential winners may be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release, and any other documentation that the Sponsor may require. In all cases, the Sponsor reserves the right to request proof of residency and age and a potential winner will be deemed to have forfeited the prize if the Sponsor, in its sole discretion, finds that the proof is unsatisfactory. If a potential winner does not timely return the requisite documents or cannot be reached within two (2) days from initial notification attempt, if prize is returned as non-deliverable, or in the event of non-compliance with any of the requirements of these Official Rules, the prize will be forfeited and an alternate potential winner will be selected at random from the remaining eligible entries and confirmed in accordance with these Official Rules. 

5. PRIZES:

Grand Prize (3) (“Prize”): each Prize consists of: one (1) GOYA® Coquito Kit (Kit Contains: (1) GOYA® Cream of Coconut, (1) GOYA® Coconut Milk, (1) GOYA® Condensed Milk, (2) GOYA® Evaporate Milk, (1) GOYA® Ground Cinnamon, and (1) GOYA® Christmas Ornament), plus a $25 American Express® Gift Card (which may be used to purchase Don Q® Rum to complete your Coquito). The approximate retail value (“ARV”) of each Prize is $54.00.

Gift cards provided as part of the Prize are subject to the terms and conditions of issuer; card will not be replaced by Sponsor or prize provider if lost, stolen, misplaced, damaged, or destroyed. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion, and are subject to change. In the event that Sponsor is unable to provide the Winner with the Prize or any portion thereof, the Sponsor may elect to pay the Winner the ARV of the Prize, or award an alternate prize of comparable or greater value. With the exception of all valid manufacturers’ warranties, the Prize is awarded “AS IS” and without warranty of any kind, express or implied. Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize. ARV of the prize is based on available information provided to the Sponsor and may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax purposes. Unclaimed, returned, misdirected prizes will be forfeited.

6. PRIVACY POLICY. Sponsor collects personal information about each entrant.  Such information shall be used in accordance with the Goya Online Privacy Policy, which can be found at https://www.goya.com/en/privacy-policy. 

7. ODDS OF WINNING. Odds of winning depend on the number of eligible Entries received.

8. USE OF WINNER’S NAME AND LIKENESS. Except where legally prohibited, each Winner grants permission for Sponsor, prize providers and those acting under their authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media at Sponsor’s and prize providers discretion without consent or additional compensation.

9. GENERAL RELEASE. ENTRANTS RELEASE AND AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW TO HOLD HARMLESS SPONSOR AND ITS PARENT COMPANIES, SUBSIDIARIES, MEMBERS, AFFILIATES, PRIZE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ADVERTISING AND PROMOTION AGENCIES AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT OR EXECUTION OF THIS SWEEPSTAKES (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL LIABILITY OR ANY DAMAGES OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED) ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES, AND/OR THE RECEIPT, USE, MISUSE OR NONUSE OF THE PRIZE AWARDED, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF OR RELATING TO PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. WINNER ACKNOWLEDGES THAT RELEASEES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATED TO A PRIZE. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT

10. GENERAL CONDITIONS. By entering the Sweepstakes , entrants agree to be bound to these Official Rules and the decisions of the Sponsor which are final and binding.  Releasees are not responsible for lost, interrupted, or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for social media platform, phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability, any incorrect or inaccurate entry information; human errors; technical malfunctions; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; typographical, printing or other errors.  Illegible, incomplete, duplicate and mechanically reproduced entries will be disqualified. False, fraudulent or deceptive entries or acts shall render entries ineligible. Persons found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified.  If disqualified for any tampering or abuses, Sponsor reserves the right to terminate registered user’s eligibility to participate in Sweepstakes.  In the event any portion of this Sweepstakes is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts, or impairs the administration, security, fairness or proper submission of entries, Sponsor reserves the right at its sole discretion to, modify, suspend or terminate the Sweepstakes, and select the winner from entries received prior to the action taken. If any provisions of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor reserves the right, in its sole discretion, to modify these Official Rules at any time without notice. Sponsor reserves the right, in its sole discretion, to disqualify persons whose eligibility is in question or for any other reason whatsoever. 

11. WINNERS LIST. For the name of the Sweepstakes winners, send an email to consumers@goya.com by 12/22/23, with subject line: GOYA Holiday Coquito Kit Sweepstakes Winner List Request.

12. DISPUTES. Participants agree that this Sweepstakes is governed solely by the laws of the State of New Jersey. Any claims arising out of the Sweepstakes shall be governed solely by New Jersey law and may be brought only in a federal or state court in New Jersey. If any provisions of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.  EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL 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. 

13. SPONSOR. Goya Foods, Inc., 350 County Rd., Jersey City, NJ 07307. This Sweepstakes is in no way sponsored or administered by Instagram. All inquiries regarding the Sweepstakes should be directed to Goya Foods, Inc.

Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes. This Sweepstakes may be advertised on social media sites/platforms, but this promotion is in no way sponsored, endorsed or administered by, or associated with, such social media sites/platforms (such as Twitter, Instagram or Facebook).