LODI OLD VINE SWEEPSTAKES OFFICIAL RULES
To enter the Lodi Old Vine Sweepstakes (“Sweepstakes”), you must read the official rules below (“Official Rules”). By entering the Sweepstakes, you hereby agree to these Official Rules as provided below. Your entry in the Sweepstakes constitutes your full and unconditional acceptance of these Official Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES AND A PURCHASE DOES NOT ENHANCE YOUR CHANCE OF WINNING. The Sweepstakes is open to any individual who is, as of October 5 2020, (a) a legal resident of the fifty (50) United States, the District of Columbia, and Puerto Rico (void elsewhere), and (b) 21 years of age or older. To be eligible to participate in the Sweepstakes, all entrants must enter the Sweepstakes from within the geographic territory of the United States as defined above. The following individuals are not eligible to enter or win any prize in the Sweepstakes: All employees, officers, directors, agents of Wine Enthusiast and related entities, including its divisions, affiliates, subsidiaries, agents, and advertising agencies (collectively, the “Sweepstakes Providers”); their immediate family members (defined as the spouse, parent, child, sibling, or “step” of each and their respective spouses), regardless of where they live; or members living in their same household (whether legally related or not). All applicable federal, state, and local laws and regulations apply. VOID WHERE PROHIBITED, TAXED, OR RESTRICTED BY LAW.
2. SWEEPSTAKES PERIOD
The Sweepstakes entry period begins at 12:00:01am EDT October 5, 2020 and ends 11:59:59pm EDT November 30, 2020 (the “Sweepstakes Period”). Winners will be selected from eligible entries properly submitted during the Sweepstakes Period.
3. SWEEPSTAKES ENTRY INSTRUCTIONS
To enter the Sweepstakes, visit https://winemag.com/lodi-old-vine-sweepstakes/ (the “Sweepstakes Site”) during the Sweepstakes Period. A link to enter the Sweepstakes will be posted on the Sweepstakes Site during the Sweepstakes Period. To enter to win, you will be required to submit a form with your first name, last name, and email address. Limit one entry per person per household. All entries become the property of the Sweepstakes Providers and will not be acknowledged or returned.
Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. Proof of submitting entry will not be deemed receipt of such entry by the Sweepstakes Providers.
Sweepstakes Providers are not responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Incomplete entries are ineligible.
The Sweepstakes consists of 1 Grand Prize (the “Prize”). The winner will win a 50-bottle N’FINITY S Dual Zone Wine Cellar from Wine Enthusiast (valued at $999.00) and a set of 6 Zenology wine glasses (valued at $150). Total grand prize retail value: $1,149.00. 5 First Prize winners will receive a Lodi Swag Bag containing: 1 Lodi Old Vine tee shirt, 1 Lodi Old Vine mug, 1 Lodi Old Vine poster. (valued at $75)
The Prizes are subject to certain restrictions or qualifications of the Sweepstakes Providers and Sweepstakes Sponsors. Except as otherwise expressly noted in these Official Rules, the selection of all Prizes, vendors, products and services is subject to the Sweepstakes Providers’ sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable, except at the sole discretion of the Sweepstakes Providers. No substitutions or cash redemption of Prizes are permitted except that the Sweepstakes Providers retain the right to substitute the cash value of the Prize. Additional restrictions may apply.
5. SELECTION OF WINNERS
One grand prize winner will be selected at random through a drawing to take place on or around Monday, November 30, 2020 from all eligible entries received during the Sweepstakes Period (the “Prize Winner”). Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The drawing of Prize Winners will be conducted at random by the Sweepstakes Providers, whose decisions on all matters relating to the Sweepstakes shall be final and binding.
The Prize Winners will be notified via email to the email address provided on the Sweepstakes entry form no later than December 15th, 2020. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed submitted by the person in whose name the email account is registered.
The Prize Winner, at the sole discretion of the Sweepstakes Providers, shall be required to sign and complete a notarized affidavit of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), W-9 or similar tax form, address verification and other registration and participation information requested by the Sweepstakes Providers (unless prohibited by law) (the “Claim Requirements”). You are not a Prize Winner until your submissions are validated.
At the sole discretion of the Sweepstakes Providers, disqualification, forfeiture and the selection of alternate Prize Winners may result from any of the following: (1) a potential Prize Winner’s failure to respond to email notification within 72 hours after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential Prize Winner’s failure to provide Sweepstakes Providers will satisfactory proof of age, identity, and residency; (4) a potential Prize Winner’s failure to validity claim their Prize within 72 hours; (5) a potential Prize Winner’s failure to execute, complete and return the Claim Requirements within fourteen (14) days after its transmission; and (6) any other non-compliance with these Official Rules.
In the event of Prize forfeiture by a selected Prize Winner or other non-compliance with these Official Rules by a selected Prize Winner, the Sweepstakes Providers may, in their sole discretion, award the forfeited Prize to an alternate Prize Winner. The alternate Prize Winner will be selected at random through a drawing held by the Sweepstakes Providers at their sole discretion. In no event shall the Sweepstakes Providers be required to award more Prizes than the number of Prizes stated in these Official Rules. No Prize substitution, cash substitution, or assignment or transfer of Prizes is permitted, except at the sole discretion of the Sweepstakes Providers. In the event of unavailability of any Prize stated in these Official Rules, the Sweepstakes Providers, in their sole discretion, will award a substitute prize of equal or greater value.
6. GENERAL RULES/DISCLAIMERS
By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the Sweepstakes Providers (which decisions are final and binding on all matters relating to the Sweepstakes, including all matters of fact, interpretation, eligibility, procedure, and fulfillment), and to comply with all federal, state and local laws and regulations.
Participation in the Sweepstakes is at your own risk. Sweepstakes Providers are not responsible for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the Prize Winner on the Sweepstakes entry form; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Sweepstakes; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof; or (5) any injury or damage to entrant’s or to any other person’s computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using the Sweepstakes Site.
The Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished or made available in connection with the Sweepstakes. Sweepstakes Providers do not make any, and hereby disclaim any and all, representations or warranties of any kind, express or implied, regarding any Prize, which is awarded “as is”. Sweepstakes Providers are not responsible for (1) any warranty of fitness or merchantability of any Prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the Prize; or (2) any act or omission at any event included as part of any Prize.
Although Sweepstakes Providers attempt to ensure the integrity of the Sweepstakes, the Sweepstakes Providers are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof), and to select a winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable.
Sponsor also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. Sponsor reserves the right to modify these Official Rules in any way or at any time.
7. ENTRANT/PARTICIPANT CONDUCT
THESE OFFICIAL RULES WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE SWEEPSTAKES PERIOD.
By entering this Sweepstakes and/or accepting any Prize, unless prohibited by law, you agree to grant to the Sweepstakes Providers and Sweepstakes Sponsors, and their respective licensees, affiliates, and assigns, a perpetual, worldwide, royalty-free license and the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, your name, likeness (actual or simulated), voice (actual or simulated), entry submission and biographical information as news or information and for advertising and promotional purposes without additional consideration, review, permission or approval; and further without such additional compensation review, permission, or approval, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sweepstakes Providers and Sweepstakes Sponsors in their sole discretion.
9. INDEMNIFICATION, AND RELEASE
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS SWEEPSTAKE PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, DEMANDS, DAMAGES, RIGHTS, CLAIMS, ACTIONS, AND LIABILITIES OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR OUT OF OR RELATED TO (1) YOUR PARTICIPATION IN THE SWEEPSTAKES OR (2) YOUR PARTICIPATION IN ANY PRIZE OR SWEEPSTAKES RELATED ACTIVITIES (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. THE PRIZE WINNERS ASSUME ALL LIABILITY FOR ANY INJURY, DEATH, OR DAMAGE CAUSED, OR ALLEGEDLY CAUSED, BY PARTICIPATING IN THIS SWEEPSTAKES OR USE OR REDEMPTION OF THE PRIZE.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. GOVERNING LAW
The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York as distinguished from the choice of law rules and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.
(a) Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.
(b) Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Taxes: All taxes (including without limitation Federal, state and local taxes) in connection with any Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner. Prize Winners may receive an IRS Form 1099 reflecting the final actual value of the Prize, if applicable.
(d) Winners: A list of Prize Winners will be made available by Sweepstakes Providers. To receive a list of Prize Winners, please send a self-addressed stamped envelope after December 15th, 2020 to: Wine Enthusiast, 200 Summit Lake Drive, 4th Floor, Valhalla, NY 10595. Requests for a list of Prize Winners must be received by December 15th, 2020. Vermont residents may omit return postage.
(e) Rule Requests: To receive a copy of these Official Rules, please send a self-addressed, stamped envelope to: Wine Enthusiast, 200 Summit Lake Drive, 4th Floor, Valhalla, NY 10595. Requests for Official Rules must be received by November 30th, 2020. Washington and Vermont residents may omit return postage.