Official Rules - Jewelry Box Wines

Transcription

Official Rules - Jewelry Box Wines
2015 Jewelry Box Golden Ticket Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING. PRIZES DO NOT INCLUDE BEVERAGE ALCOHOL.
1.
Sponsor and Administrator: The Wine Group LLC doing business as Jewelry Box Wines, 4596 Tesla Road
Livermore, California 94550.
2.
Eligibility: The “2015 Jewelry Box Golden Ticket Sweepstakes” (herein after, “Sweepstakes” or “Promotion”) is
open only to legal residents of the fifty (50) states of the United States and the District of Columbia who are 21
years of age or older at time of entry. Individuals (including but not limited to employees, consultants, independent
contractors, and interns) who have, within the past six months, performed services for Sponsor or any organizations
responsible for sponsoring, fulfilling, administering, advertising, or promoting the Promotion or supplying the prizes,
and/or their respective parent, subsidiary, affiliated and successor companies, are not eligible to enter or win any
prize. Employees, officers, and directors of alcohol beverage licensees (including but not limited to alcohol beverage
retailers and alcohol beverage wholesalers), and/or their respective parent, subsidiary, affiliated and successor
companies, and immediate family and household members of such individuals, are not eligible to enter or win any
prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings,
or spouses, regardless of where they live. "Household members" shall mean people who share the same residence
at least three months a year, whether related or not. Void where prohibited or restricted by law.
3.
Promotion Schedule: The entry period for the prize begins on or about 12:00:00 a.m. Pacific Standard Time
("PST") on 5/1/2015 and ends at 11:59:59 p.m. PST on 6/30/2015 (the “Entry Period”). Sponsor’s computer is the
official clock for the Entry Period.
4.
Promotion Entry: To enter, navigate your internet browser to http://www.jewelryboxwines.com (the “Website”).
By accessing the Website, you represent and warrant that you are at least 21 years of age. Click on the link to the
Sweepstakes page or the Sweepstakes banner which will take you to the Sweepstakes entry page. You must
complete the entry form. You will be asked to provide your full name, date of birth, mailing address (with zip code),
telephone number, and e-mail address. You will also be asked to enter a PIN code which is available on select
packages of Jewelry Box wines or by the free PIN code generator available on the Website. No proof of alcohol
purchase is required to obtain a PIN code and enter the Sweepstakes. Once you have completed the entry form,
submit your entry by clicking the "Submit" button on the respective Sweepstakes entry form. All entries become the
property of Sponsor. Receipt of online entries may be acknowledged but such acknowledgment does not constitute
any representation as to Sweepstakes eligibility.
Provision of information online is governed by the Jewelry Box Wines Privacy Policy, accessible at
http://www.jewelryboxwines.com. If you do not agree with the Privacy Policy, do not enter the Sweepstakes online
or otherwise use the Website.
Entrant further warrants and represents that he/she has fully complied with these Official Rules. By entering, entrant
agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from
his/her participation in the Promotion and/or any other information included in any entry.
Limit one (1) entry per person per day during the Promotion Period, regardless of the number of email addresses or
accounts a person may have. For the purposes of this Sweepstakes, a “day” is defined as beginning at 12:00:00
a.m. (midnight) PST and ending at 11:59:59 p.m. PST. Multiple entries in excess of this limitation or mass entry
attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked by the
entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Duplicate or
incomplete entries will be disqualified.
5.
Random Drawing/Selection of Winners: The potential winners will be selected in a random drawing
approximately five (5) business days following the end of the Entry Period from among all eligible entries received
during the Entry Period. Drawing will be conducted by Sponsor, whose decisions are final and binding on all matters
related to the Sweepstakes.
6.
Prizes, Approximate Retail Value (“ARV”) and Odds of Winning: A total of eleven (11) gift cards will be
awarded to eleven (11) winners as follows:
Four (4) US$100.00 gift cards from a US beauty products retailer.
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Three (3) US$200.00 gift cards from US high-end department store retailer.
Two (2) US$250.00 gift cards from a US home furnishings retailer.
Two (2) US$500.00 gift cards from a US jewelry retailer.
No substitution or transfer of prize is permitted except with Sponsor's permission or where required by law. Without
limiting any other term herein, if for any reason the announced prize(s) (or any component of prize) becomes
unavailable for any reason, Sponsor in its sole discretion may award a substitute prize/prize component of equal
value. Prizes are not redeemable for cash. Federal, state and local taxes, if any, are the sole responsibility of the
winner, who may receive a 1099 tax form reflecting actual value of prize.
Odds of winning are dependent upon the number of eligible entries received. Individuals are eligible to win only
one (1) prize regardless of the number of entries the individual may submit.
7.
Sweepstakes Entry: Sponsor and its agencies are not responsible for failed, partial or garbled entries, computer
transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of
any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running
as planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, fire, flood, storm, earthquake, other natural weather event, riot, strike, civil
commotion, governmental regulation (including failure of one or more governmental entities to timely approve
Promotion in accordance with applicable regulations) or any other causes beyond Sponsor’s complete control that
corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves
the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to terminate,
modify or suspend the Promotion (including but not limited to terminating/suspending the Promotion in one or more
jurisdictions). In such event, Sponsor reserves the right to conduct the Promotion and award the Prizes in the
Sweepstakes in a manner which it deems fair, appropriate and consistent with these Official Rules, as determined
by Sponsor in its sole discretion. No responsibility is assumed by Sponsor for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or
unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network
or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or
electronic entry to be received on account of technical problems or traffic congestion on the Internet, network or at
any website, or any combination thereof, including without limitation any injury or damage to entrant's or any other
person's computer or other electronic device related to or resulting from participation in or downloading any materials
from this Promotion. Entry materials that have been tampered with or altered are void.
Entrants further agrees not to knowingly damage or cause interruption of the Promotion and/or prevent others from
participating in the Promotion. CAUTION: IF AN ATTEMPT IS MADE TO DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE PROMOTION, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY
SEEK CRIMINAL PROSECUTION AND/OR DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8.
Notification: Each potential winner will be notified by telephone and/or e-mail, at Sponsor’s sole discretion,
approximately five (5) business days following the end of the Entry Period. Failure of potential winner to respond to
the initial notification within three (3) business days after notification or return of e-mail notification as undeliverable
after three (3) attempts will result in disqualification. In the event of any dispute concerning the identity of any
entrant, the entry will be deemed submitted by the natural person who is the authorized account holder of the
transmitting e-mail account. "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 an e-mail address or other type of account.
9.
Requirements: Potential winners will be required to sign and return within five (5) business days an Affidavit of
Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility,
Release and Indemnification and Publicity Release (or any other required documents) are not signed and returned
to Sponsor within the specified time period, potential winner will be disqualified and an alternate winner selected
from all remaining eligible entries received, time permitting.
Acceptance of prize constitutes prize winners’ permission for Sponsor and its respective affiliates, successors,
representatives and assigns to use their name, voice, likeness, photograph, prize information, biographical data, and
city/state of residence in programming, all media, advertising, trade and/or promotional material, and on a winner's
list without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-
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mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole
discretion, without further obligation or compensation.
10. General Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the
decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right in its sole discretion
to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to
be acting in violation of these Official Rules.
11. Limitation of Liability: By participating in this Promotion, entrants agree to release and hold harmless Sponsor,
its parent, subsidiary, affiliated, and successor companies, advertising and promotion agencies and prize suppliers,
and each of their respective officers, directors, agents, owners, shareholders, representatives, and employees, as
well as their respective successors, representatives and assigns (collectively, the "Released Parties") as follows:
LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE
RELEASED PARTIES FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR
FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY
PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO
PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT THE RELEASED PARTIES
HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION,
OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW,
RELATIVE TO THE SWEEPSTAKES OR THE PRIZES AWARDED. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, THE RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS RELATED THERETO. Released Parties are not responsible for late, lost, incomplete,
illegible, damaged, or misdirected entries.
12. Disputes: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes
of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the United States District Court for the Northern District of
California or an appropriate California State Court in San Francisco, California if federal court is not a proper or
available venue; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering this Promotion, 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 (other than attorneys’ fees), and so waives 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 Promotion 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.
13. Winner’s List: For the name of the winners, mail a written request, together with a self-addressed, stamped
envelope to: “Jewelry Box 2015 Golden Ticket Sweepstakes”, 4596 Tesla Road, Livermore, California 94550. All such
requests must be postmarked no later than 7/31/2015.
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