WINES ‘TIL SOLD OUT ANNIVERSARY PROMOTION
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER.
ELIGIBILITY: The Wines ‘Til Sold Out “Anniversary Promotion (“Promotion”) is open only to legal residents of the fifty (50) United States, including the District of Columbia (“U.S.”), who are 21 years of age or older at time of entry (“entrants”). Employees, officers and directors of Wines ‘Til Sold Out (the “Sponsor”), suppliers, distributors and retailers of wine, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for, or implementation of the Promotion (collectively referred to herein as the “Promotion Entities”), and the immediate family members (spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize. Void where prohibited or restricted by law.
By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Sponsor in connection with the Promotion, and the decisions of the Sponsor (and its authorized representatives) which are final and binding with respect to all matters pertaining to this Promotion and all elements thereof.
PROMOTION PERIOD/SWEEPSTAKES ENTRY PERIOD: The Promotion begins on or about April 1, 2016 and ends on or about December 31, 2016, unless earlier terminated or cancelled, in whole or in part, as provided herein (“Promotion Period”). It is anticipated, but not guaranteed, that the Promotion will consist of eight (8) monthly sweepstakes (each a “Sweepstakes”). A Sweepstakes begins on or about 12:00 AM Eastern Time (“ET”) on or about the first calendar day of a month and ends at 11:59 PM ET on the last day of that same calendar month (the applicable Sweepstakes “Entry Period” and “Month”). Each Sweepstakes is hereby deemed an entirely separate sweepstakes within this Promotion; non-winning entries do NOT carry over and are NOT eligible for subsequent Sweepstakes. The clock on the Sponsor’s server shall be the official time keeping device for this Promotion. All time referenced in connection with the Promotion is Eastern Time. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.
HOW TO ENTER: There are two (2) ways to participate in a Sweepstakes:
By Purchase: Eligible entrants must create an account on www.WTSO.com (the “Website”). For every purchase designated by a unique Order ID, registered entrants will receive one (1) entry into the Sweepstakes drawing based on the Month when the purchase was completed and confirmed by Sponsor (“entry”). If different, confirmation date shall determine the applicable drawing. If an Order is terminated, cancelled or deleted, the entry corresponding to that Order ID will be void and not eligible for the Promotion. If it appears or is suspected at any time by Sponsor that any individual or entity is purchasing and cancelling Orders in any manner that appears to be illicit attempts to obtain entry into a Sweepstakes, all such entries will be void and any entrant suspected of using/benefitting will be disqualified from the Promotion or any part thereof.
Survey Completion without Purchase: Sponsor will offer a survey to individuals who must complete the survey online at www.WTSO.com (“Website”). Individuals must legitimately, completely and in good-faith complete the survey (“survey”) during an Entry Period and in doing so will earn one (1) entry into the Sweepstakes drawing based on the Month when the survey was completed and received by Sponsor (“entry”). Once submitted, survey may not be modified, deleted or cancelled. The Survey must be completed in good-faith, in a single session during the Entry Period to earn an entry in to the applicable Sweepstakes. Untimely, incomplete, past and/or future surveys, or surveys otherwise found to be ineligible or non-compliant, as determined by Sponsor, will be void and do not/will not qualify for an entry.
Any suspected non-compliant, incomplete, ineligible, untimely, or illegible participation, surveys, entries are void. Entries become the property of Sponsor and will not be returned. Entrants may not enter or participate through a sweepstakes club (or similar method), with multiple or false identities, Member accounts, IP addresses, e-mail and/or phone numbers, nor shall entrants use any other suspected device or artifice to enter. Any suspected use of artifice, cheating, fraud, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, script, programmed or like methods as determined in Sponsor’s sole and absolute discretion, will void all such entries by such methods, and disqualify any entrant suspected of using/benefitting from such methods. Without limiting the foregoing, Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules, and on the basis of its investigation, to disqualify any entrant at any time during or after the Promotion Period or any Sweepstakes Entry Period (and require immediate prize return if applicable). Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, or misdirected entries (in whole or in part).
RANDOM DRAWING/ODDS: One (1) potential Grand Prize winner will be randomly selected from among all eligible entries received for a Sweepstakes in a random drawing conducted by the Sponsor on or about approximately five (5) working days after the conclusion of a Sweepstakes Entry Period. Potential winner will be notified by email, mail and/or phone (in Sponsor’s discretion) on or about five (5) working days after a drawing. Odds of winning a prize depend on the number of eligible entries received for each Sweepstakes. Entries will not be carried forward or be eligible for subsequent Sweepstakes drawings.
Potential winner may be required to complete, sign, have notarized and return an Affidavit of Eligibility, Liability and, where lawful, Publicity Release within the time specified by Sponsor, or else the prize will be forfeited.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Each Sweepstakes will offer different prizes as communicated on the Site and as provided herein:
First Prize (1): VIP Napa Wine Tastings Trip: You and a Guest will win a VIP wine tasting trip in Napa, CA.The trip includes roundtrip flights, a three night stay at the Andaz Hotel, welcome dinner for two, two VIP wine tours on Friday, transportation to and from the hotel, and transportation to and from tastings. Trip dates: any Thursday - Sunday in April 2017 - May 2017, excluding holiday weekends. (ARV: $3000)
Second Prize (1): Waterford Crystal Lismore Essence White Wine Glass, Set of 2 (ARV: $89).
Third Prize (1): Final Touch Stainless Steel Ice Bottle Chiller (ARV: $25).
Limit one (1) prize per person, per Sweepstakes. Prizes cannot be assigned, transferred, or substituted, in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize or any element thereof, with a prize of equal or greater value. Any and all applicable local, state, and federal taxes, if any, and all expenses not specifically stated herein are solely the responsibility of the prize winner; winners are advised to seek independent counsel regarding tax implications of their prize winning. Only the number and described prizes stated in these Official Rules are available to be won. In no event will Sponsor be responsible for awarding more than the stated number of prizes herein. Gift cards, if any, are subject to the terms and conditions of issuer. Sponsor will not replace any lost, damaged, misdirected or stolen gift cards. Prize will be shipped to winner’s home address within the 50 U.S. only; shipping charges will be paid for by Sponsor unless otherwise stated in the prize description.
Trip specific restrictions and conditions, if applicable: ARV of the trip package may vary depending on the point, date and time of departure. Unless otherwise stated in the specific prize description, trip consists of: round-trip air transportation to/from major commercial airport near winner’s legal residence within U.S. to/from destination city for winner and one (1) adult guest; hotel accommodations (standard room/double occupancy, room and tax only); and ground transportation to/from destination airport/hotel. Winner’s guest, who must be 21 years of age or older, will be required to complete, sign and return a Liability and Publicity Release prior to issuance of any travel documents. Prize must be accepted as a whole, or will be forfeited in its entirety. Travel must occur within one (1) year of issuance. Other restrictions may apply. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Unless otherwise stated, winner will be responsible for all meals, ground transportation, excursions, gratuities, fuel, parking, beverages, telephone calls and any other incidental costs or expenses not specifically stated herein. All trip components are subject to availability. Winner acknowledges and agrees that the Promotion Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to event/experience details once any element(s) of the event/experience arrangements have been booked. Prize conditions may be added or modified by Sponsor or its designee. Promotion Entities are not responsible for any changes of any element of prize, nor are they liable for any expenses incurred as a consequence of flight changes, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the prize package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other releases or travel documents. Elements of the trip may require agreement to and execution of separate releases to participate, in addition to the Affidavit described herein. Failure to provide these documents, if required, will cause prize to be forfeited. In the event any winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the winner (and guest(s)) home with no further compensation. Limit one (1) trip prize per person during the entire Promotion Period.
Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured or mentioned in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. IMPORTANT NOTICE: WITHOUT LIMITING ANY MANUFACTURER WARRANTIES, SPONSOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE QUALITY OR CONDITION OF ANY PRIZE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY: BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, PARTICIPATION IN THE PROMOTION, AND/OR PARTICIPATION IN PRIZE RELATED ACTIVITIES (OF WHATEVER NATURE), AND ACCESS/USE OF ALL WEBSITES. By entering and/or accepting a prize, entrants and any winner covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising out of this Promotion, participation in a Sweepstakes and/or prize related activities, the use or misuse of a prize or any element thereof, or access to, and use of any participating Website(s) or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on the Website is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
By entering and/or accepting a prize, entrants and any winners hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, voice (personal attributes), survey (and all content therein) as well as any statements made by winner regarding the Promotion or Sponsor (provided they are true), for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
In the event of noncompliance, if an entrant is or becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two (2) separate attempts using the contact information (in Sponsor’s discretion) provided on the entry, that prize will be forfeited in its entirety and an alternate potential winner may be selected for the respective prize/level. If after two unsuccessful separate attempts any prize is un-awarded, the prize will be forfeited and will not be awarded. Prize or prize notifications that are unclaimed, returned, undeliverable, or otherwise, will be forfeited and will not be awarded. Unclaimed or un-awarded prizes will NOT be re-awarded.
GENERAL CONDITIONS: Neither Sponsor nor its agencies are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered entries, surveys, or e-mails, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. Persons who are suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants’ or to any other person's computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Promotion, or any element thereof, in whole or in part, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and select winners for respective prize/levels from eligible non-suspect entries received prior to the action taken if feasible and practicable, or as otherwise deemed fair and appropriate by Sponsor. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of the Website. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses or phone numbers. If there still remains a dispute, the entry will be deemed to be submitted by the primary individual associated with the account used at the time of entry. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, Promotion materials, announcements, communications and/or any other information (in any and all media/medium and by whomever) relating to this Promotion, or any element thereof these Official Rules shall govern.
Promotion Entities shall not be liable to entrants, a winner or any other person or entity for failure to execute a Sweepstakes or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
CHOICE OF LAW/ARBITRATION: Entrants are solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by the Federal, state, and local authorities. As a condition of participating in this Promotion, entrants agree that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Promotion or any element thereof shall be governed by the laws of the State of New Jersey, regardless of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a neutral one person artibration panel located in Pennsauken, New Jersey.
WINNER LIST: To request a list of Sweepstakes winners of prizes over $25, mail a U.S. sufficiently self-addressed, stamped envelope to be received on or by seven (7) working days from the end of the applicable Sweepstakes, to: WTSO Monthly Sweepstakes Winners List, 1001 Route 73 South, Pennsauken, NJ 08110. List will be sent at the conclusion of the Promotion. Please specify the month of the Sweepstakes about which you are inquiring.
SPONSOR: Wines ‘Til Sold Out, 1001 Route 73 South, Pennsauken, NJ 08110.