Josh Cellars Month of Mom Contest
Official
Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE WILL NOT
IMPROVE CHANCES OF WINNING. THE
FOLLOWING CONTEST IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF
COLUMBIA (D.C.) EXCLUDING AK, AL, HI, ME, MD, MN, ND, PA, SD, WV AND WY, AND IS
OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW) WHO ARE
TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. VOID ELSEWHERE AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS CONTEST, YOU AGREE
TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND
ADMINISTRATOR. DO NOT PARTICIPATE IN THE
CONTEST IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY
REQUIREMENTS AS SET FORTH BELOW.
Contest
Name: Josh Cellars Month of Mom Contest (the “Contest”).
Contest Timing and Entry Periods: The Contest begins at 12:00
a.m. Eastern Time (ET) on 5/1/2023 and ends at 11:59:59 p.m. on 5/31/2023
(“Contest Period”). The Administrator’s computer is the official time keeping
device for this Contest.
The Contest Period includes two (2) entry nomination periods (each
an “Entry Nomination Period”), each of which are associated with a judging
period (each a “Judging Period”). See “Winner Selection & Notification” section
below for Entry Nomination Period dates and times and Judging dates (each a
“Judging Date”). Contest is subject to all applicable federal, state and local laws and
regulations. Void outside the (50) United
States and D.C., and wherever prohibited or restricted by law.
Eligibility
– Who May Enter and Submit Nominations: Nominations may be
submitted by residents of, and who are located
within, the (50) United States or D.C. excluding AK, AL, HI, ME, MD, MN, ND,
PA, SD, WV and WY, who are age twenty-one (21) or older as of date of entry,
and have a valid U.S. driver’s license or government-issued photo ID, except
the following persons who are not eligible to enter, participate, or win:
(a)
Employees,
officers, and directors of Deutsch Family Wine & Spirits (“Sponsor”), Tombras (“Agency”), Million Dollar
Media (the “Contest Administrator”) , and each of the foregoing’s
respective franchisees, owners, employees, contractors, parents, affiliated
companies, subsidiaries, distributors, retailers, printers, advertising and
promotion agencies, any and all other companies associated with the design or
execution of this Contest, or any employees, officers, directors, members,
shareholders or agents of any alcohol-beverage retailers, distributors,
wholesalers or manufacturers (collectively, “Released Parties”), and the
members of the immediate families or households, whether or not related, of any
of the above. “Immediate family members” includes, for purposes of this Contest,
parents (including in-laws), grandparents, siblings (including step-siblings),
children (including step-children), grandchildren (including step
grandchildren) and each of their respective spouses, regardless of where they
reside.
How to Enter – Two (2) Ways: There are two (2) ways to
enter the Contest: (1) via online entry, or (2) via mail-in entry. These two (2) entry methods are outlined in detail
below. There is a maximum of one (1) entry per person, regardless of
method of entry.
All entries
must be fully complete and contain all required information and must be
received by 11:59pm ET on 5/31/2023 (6/5/2023 for mail-in entries)
to be eligible.
Maximum of one entry per person (includes
all entry methods) during the entire Contest Period.
Any incomplete or ineligible entries, or any entry submitted with
an invalid or false email address, phone number or other incorrect information will
be disqualified. Released Parties are not responsible for
lost, late, misdirected, illegible, incomplete, invalid, unintelligible,
damaged, or for entries submitted in a manner that is not expressly allowed
under these rules, or for any entry not submitted or
received due to any technical error or failure, unauthorized human
intervention, inaccurate capture or mis-entry of any required information, or
the failure to capture any such information for any reason including
programming or technical errors, or effects of hackers or failure of any
electronic equipment, computer or cellular transmissions and/or network
connections; all of which will be disqualified.
Contestants
may opt out of Email notifications at any time, without affecting their entry,
by following provided opt-out instructions.
By participating and submitting an
entry, contestant agrees that Sponsor and participating parties are authorized
to contact contestant via email, mail, phone or any other form of media to make
contestant aware of information pertinent to the Contest, and to distribute
information regarding the Sponsor(s) featured products, special events or
promotional offers, or coupons. Contestants may opt-out of any further email
communication at any time by simply replying REMOVE to any email message, or
following the provided opt-out instructions.
Each
participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s email address or name, or providing any
false email addresses or information, will be disqualified and ineligible to
claim any prize. Any attempt by any
participant to obtain more than the stated number of entries allowed by using
same, multiple/different emails, identities, or any other methods void that
participant's entries and that participant may be disqualified. No mechanically reproduced or automated
entries permitted. Use of any
automated system to participate is prohibited and will result in
disqualification and all such entries will be deemed void. False and/or deceptive entries or acts,
including misrepresentation of age, shall render such entries ineligible.
In the event
of a dispute as to any entry, registration or submission, the authorized
account holder of the email address used to register, and associated with the
entry will be deemed to be the registrant and s/he must be eligible according
to these Official Rules. The “authorized account holder” is the natural person
assigned an email address by an Internet access provider, online service
provider or other organization responsible for assigning email addresses for
the domain associated with the submitted address. Proof of being the authorized account holder
may be required.
By
registering to enter the Contest, you affirm that you have read and accepted
these Official Contest Rules. All entries received become the property of the Sponsor and
will not be returned. All contestants agree to be bound by and
abide by the official rules of the Contest.
Essay Submission Requirements
(Nominate your mom or a mother figure in your life telling us why she deserves
a $10,000 experience) Sponsor reserves the right in its sole
discretion, to disqualify any submission for any reason that it considers to
not be appropriate for the Contest. Submission
restrictions include, but are not limited to, the following requirements:
·
Submission
must be the Contestant’s own original creation;
·
May
not be, or ever have been, submitted in any competition or contest of any kind;
·
May
not be submitted by any individual under 21 years of age;
·
May
not use any name, likeness, or any other identifying element, in whole or in
part, of any person, living or dead, without permission;
·
May
not be subject to any third-party agreement or require payment or incurrence of
any sums to obtain further permissions of any person or entity as a result of
its use or exploitation of the idea or rights therein or portions, or modified
versions or derivative works thereof;
·
Except
as relates to the Sponsor or approved partners, not include trademarks or
copyrighted material not owned by Contestant, or material that is used without
permission (including but not limited to company names, works of art, or information
published on any media) or that otherwise infringes or violates the rights of
any third party (including but not limited to, copyrights, trademarks, patents,
trade secrets, logos, contract and licensing rights, rights of publicity or
privacy, moral rights (i.e., “droit morale”), or any other intellectual
property rights);
·
Not
include any unauthorized copy, text or plagiarism of any kind;
·
Not
be considered harmful to minors in any way;
·
Not depict or contain children or items especially
appealing to children;
·
Not depict or promote excessive or underage
drinking, drugs, tobacco or firearms;
·
Not
depict or promote over consumption or irresponsible consumption of Josh
Cellars;
·
Not
contain profanity, inappropriate, indecent, sexually explicit, pornographic, or
obscene content or language (which shall be determined by Sponsor, in its sole
and absolute discretion);
·
Not
contain any political or politically themed or motivated messages or
statements;
·
Not
defame, slander, libel, misrepresent, or contain disparaging remarks or any
other content that could adversely affect the name, reputation, or goodwill of
Sponsor or any other individuals and/or entities affiliated or associated with
Sponsor, the Contest, or any prizes, the determination of which shall remain in
the sole discretion of Sponsor;
·
Not
describe, depict or include content that may be considered unlawful, harmful,
threatening, violent, abusive, harassing, tortuous, defamatory, vulgar,
libelous, invasive of another’s privacy, hateful, or racially, religiously,
ethnically or otherwise objectionable in any manner as solely determined by
Sponsor;
Sponsor reserves the right, in its sole
discretion, to disqualify any Entry for any reason.
Representation
and Release of Rights to Essay Submission: By submitting an
entry, each contestant represents that s/he has sole and exclusive ownership
and proprietary rights of any content submitted; has full permission and rights
to publish and release the content; and agrees that the content becomes the
sole and exclusive property of Sponsor, and Sponsor may publish, display,
promote, or utilize content in any manner of its choosing in relation to the
promotion or advertising of the Contest or Sponsor. Entry into the Contest and upload of any
content, constitutes permission for the Sponsor and its designees to use that
contestant’s content submission, photo, name, city and state of residence
and/or likeness for purposes of
advertising and trade in any and all media now or hereafter known worldwide in
perpetuity without limitation or further compensation, notification or
permission, unless prohibited by law. Submissions
will not be acknowledged or returned by Sponsor.
In addition, by submitting any entry, each contestant
transfers any and all of his/her right,
title and interest in and to such entry and content submission, including but not limited to any and all
copyrights, trademark rights, "moral rights" and any and all other
proprietary rights that may exist, throughout the world, to Sponsor
and expressly waives any rights s/he may have in such submission and/or content. Each
contestant agrees Sponsor is the exclusive owner
of all rights in and to such entry, and/or content, and will have the worldwide, perpetual right
to copy, display, reproduce, exhibit, edit, modify, assign, license, register
for copyright or trademark, distribute, sell or otherwise use and exploit the entry,
content submission, and all
elements and/or derivative works thereof, in whole or in part, alone or with
other materials, in any media now known or hereafter created or devised, for
any reason whatsoever.
Sponsor
reserves the right to request proof from any entrant, at any time, in a form
acceptable to Sponsor, of any permission required or possibly required to use
such entrant’s entry in the Contest.
Failure to provide such proof, if requested, may disqualify such entry
from the Contest.
Sponsor reserves the right, in its sole
discretion, to disqualify any individual (and his or her entry) who tampers or
attempts to tamper with or abuse the entry process or the Contest website in
any way or who is otherwise in violation of these Official Rules, as determined
by Sponsor or the Contest judges appointed by Sponsor in their sole and
absolute discretion. Any questions
regarding the number of entries submitted, eligible nominee or the authorized
account holder who submitted the nomination shall be determined by Sponsor in
its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY
CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON
TO THE FULLEST EXTENT PERMITTED BY LAW.
Grand Prize Winner
Determination & Notification (maximum 2 winners)
Judging and Winner
Selection: Entries
shall be judged by a Sponsor/Agency/Contest Administrator-appointed panel of
judges (“Judges”), (at least 1 of whom shall be an independent and unaffiliated
individual, as solely determined by Sponsor) pursuant to the following
guidelines, requirements and general criteria in the determination of a winning
nominee submission:
On each of the Judging Dates
set forth in the chart below, Judges shall review, select and designate a
maximum of one (1) potential grand prize winner (“Potential Winner”) from among
all eligible entries received as of each Judging Date. Non-winning Entries will roll over to the
next Judging Period, if any. Entries not received by the Judging Date deadline
below will be entered into the next Drawing, if any.
|
Entry Period |
Entry Period Start Time |
Deadline to Receive Entries |
Judging |
Number of Potential |
|
1 |
5/1/2023 at 12:00:00
am ET |
5/16/2023 at 11:59:59
pm ET |
5/17/2023 |
1 |
|
2 |
5/1/2023 at 12:00:00
am ET |
5/31/2023 at 11:59:59
pm ET |
6//2023 |
1 |
Potential Winner Notification: Each entrant who is designated as a Potential
Winner will be notified initially by phone and/or email. If the Administrator
is unsuccessful in its attempt to reach and speak directly with a selected Potential
Winner by phone within 2-days of the initial notification attempt to the phone
number or email address associated with that contestant’s entry, then that
contestant may be disqualified and an alternate Potential Winner may be randomly
selected from among the remaining eligible entries received and notified as per
the procedures outlined above (time permitting). Note:
phone messages will not be left during the winner notification process.
During
winner notification, the selected Potential Winner must confirm their
eligibility, and indicate their willingness and ability to accept the
prize. The Potential Winner will then
receive official notification via email delivery.
If
the selected potential winner does not meet the eligibility requirements, or is
unable or unwilling to accept the prize or elects to decline the prize, s/he
will be disqualified and, at Sponsor’s discretion and time permitting, an
alternate winner will be randomly selected from among all remaining eligible
entries and notified as per the procedures outlined above (time permitting). Any
disqualified contestant will not receive any alternate prize substitution or
compensation. Decisions of the Administrator in the selection and determination of the
winners and all matters relating to this Contest are final and binding.
All
of the following will apply to each grand prize winner: 1) Winner will be
required to complete and return, within 3-days of date of receipt, a prize
acceptance form, including an affidavit of eligibility and a
liability/publicity release (“Paperwork”) signed by both the winner and their
travel guests, each age 21 or older (publicity release where permitted) and a
W-9 form; 2) Winner may be required to
present a copy of a valid social security card and a valid driver’s license or
government-issued photo ID as a condition of participating or receiving any
prize; and 3) Winner will be issued a
1099 form reflecting the value of the grand prize award and is responsible for
paying all applicable taxes (including, but not limited to all local, state and
federal taxes) on all prizes awarded.
Failure to collect or properly claim any prize in accordance with these
rules will result in forfeiture of the prize.
If forfeited for any reason, finalist will not receive any other prize
substitution or compensation, and the prize will remain the property of Sponsor
and will not be awarded, except as provided herein. Potential Winners who submit their completed
Paperwork per the provided instructions will be designated as a winner (each a
“Winner”).
Grand Prize Award (maximum
2 Winners): Each Winner shall be awarded a trip for the Winner
and one (1) guest, age 21 or older, to a destination as solely determined and
designated by Sponsor (“Destination”), not to exceed an approximate retail
value (“ARV”) of $10,000, and includes:
·
IF NECCESARY, round-trip coach class
airfare for two (winner and one guest age 21 or older) from
the nearest major metro airport to the winner’s home as designated by Sponsor
to the Sponsor designated airport at Destination.
o
Actual departure date, times and
airline based upon availability and will be solely determined and designated by
Sponsor;
o
If the winner resides within 250
miles of the Destination, Sponsor reserves the right to provide ground
transportation in lieu of air transportation (i.e. – train or car)
·
Two (2) to five (5)-nights standard
hotel accommodations (one (1) room, double occupancy) at a
standard hotel as solely designated by Sponsor at Destination (based
upon availability);
o
Arrival and departure dates as
solely determined and designated by Sponsor, based upon availability;
Travel
arrangements will be provided by the Contest Administrator and must be made a
minimum of thirty (30) days prior to traveling. Travel must conclude
within one (1) year from the date of prize acceptance. Total ARV
of all available prize awards: $20,000.
Note: No alcoholic beverage is part of prize.
Note:
Actual departure date, times and mode of transportation is based upon
availability and will be solely determined by Sponsor.
Each Winner and guest agree to comply with all applicable airline,
hotel, and travel provider regulations in connection with the prize. Winner
and guest shall be solely responsible for their behavior while traveling, must
follow the instructions and direction from any travel provider or associated
staff or security. If Winner or any guest violates the standards of the
travel provider, behaves in an inappropriate, irresponsible, or offensive
manner, or is deemed by staff or security to have violated any rule, regulation
or policy of the travel provider, or to be a security threat in any manner, the
winner and guest shall be ejected or denied entry, and shall immediately
forfeit the remaining prize award.
Winner must accept delivery of prize in the method as solely
determined and designated by Sponsor. Prize shall be shipped or
delivered only to the designated winner residential address as submitted during
initial online registration and/or as provided during winner notification, via
the carrier as determined and designated by Sponsor (i.e. UPS, USPS or other
Sponsor designated carrier), or as otherwise specified by Sponsor, such as
electronic delivery.
All ground transportation including airport and
hotel transfers, parking, meals, gratuities, checked baggage fees, airline seat
assignment fees, hotel resort fees, incidental expenses, applicable taxes
(including, but not limited to all local, state and federal taxes) and any
other expenses not specified herein as being included in the grand prize award
are the sole responsibility of winner.
Sponsor is not responsible for late, lost, damaged or stolen
luggage. It is recommended that each Winner
and travel companion obtain sufficient personal insurance prior to departure. Winner and travel companion hereby release
Sponsor from any duty to provide, check, or verify any and all necessary ID’s,
passports, visas and tourist cards, birth certificates, vaccination
certificates, and any other travel requirements (“Personal Documents”). Sponsor shall not have any responsibility for
the replacement of lost or stolen Personal Documents or tickets, coupons,
vouchers, receipts or other documents pertaining to the prize (“Travel Documents”)
once the Travel Documents have been provided to winner and travel
companion.
Sponsor is not responsible for any travel
delays, flight delays or cancellations or travel difficulty related to prize
award, redemption or use. If travel delays or difficulty prevent
arrival in time for any and all elements of trip or prize award, Sponsor is not
responsible for awarding any compensation in lieu thereof. Each Winner and his/her guest must travel
together on the same itinerary. Any
changes to completed travel arrangements, once booked, are the sole
responsibility of the Winner, and are solely at the Winner’s expense. Actual value of the trip will depend on point
of departure, destination and any airfare fluctuations. If actual value of prize is lower than the
stated ARV of the prize award when it is procured and fulfilled, then the
difference will not be awarded to the winner.
Each Winner and their travel companion are solely responsible for all
costs incurred to and from the nearest major airport to the winner’s home as
designated by Sponsor as the prize originates and terminates at such departure
point unless otherwise agreed to by Sponsor in writing.
Winner and
guest shall be subject to any qualifying conditions prior to and during travel,
including any local, state or federal government regulations in the departure
or destination location, airline and/or hotel requirements including any
regulation or policy related to COVID-19 testing requirements or vaccination
status. Any testing requirements,
vaccination and/or any related quarantine requirements and expenses are the
sole responsibility of, and at the sole expense of Winner and guest. Winner and guest are subject to vaccination
requirement and policy, and if unable or unwilling to comply with requirements,
then all related prize award elements for which they fail to meet shall be
forfeit.
Privacy
and Text Information:
Entrants will be contacted using the phone number and/or email address provided
during the Contest Period. Email addresses may be stored if supplied, and
entrants may receive email correspondence from, or on behalf of Sponsor subject
to Sponsor’s privacy policy. Sponsor uses commercially reasonable efforts
to comply with Federal CAN-SPAM guidelines, and entrants may subsequently
opt-out of receiving further emails by following the opt-out instructions
contained in the email. Entrant understands that he or she is providing
their information to Sponsor. By entering the Contest, each entrant
acknowledges that his or her first and last name and hometown may be announced
online, including on Sponsor’s social media channels. Except where prohibited,
acceptance of any and all prizes constitutes consent by the winner to use of
his/her name, voice, picture, likeness and biographical data for advertising
and promotional purposes without any additional compensation. Each Entrant
further hereby acknowledges and agrees that if he or she is chosen as a Winner
for any prize, certain aspects of his or her identifying information may be
disclosed to third parties (at least as required by law), including, without
limitation, on an online page listing prize winner(s). Information collected
from Entrant will be treated by Sponsor in accordance with Sponsor’s privacy
policy, available at http://www.deutschfamily.com/privacy-policy, and with due
regard to Entrant’s privacy. Entrants should be aware that Sponsor may be
collecting non-public, personally-identifiable information about them in
connection with the operation of the Contest. Entrants’ information will be
hosted in the United States.
If you provided your mobile number during the Entry Period and agreed to the
terms listed, you are authorizing Sponsor to deliver automated SMS messages to
you about the Contest. You are not required to provide a number as a condition
of purchasing any item or receiving any offers. Standard message rates may
apply. You may opt out of receiving future text messages by replying
REMOVE to any message you receive (this will generate a confirmation email
noting we have received your request). If you chose not to receive
automated SMS messages to your mobile device, you will receive the same notifications
via mail or via email through an automated email system. Sponsor and its agents
are not responsible for text message entries not received due to lost, failed,
delayed or interrupted connections or miscommunications, or to other electronic
malfunctions, delays, or errors of any kind in the transmission or receipt of
such entries. Sponsor is not responsible for incorrect or inaccurate entry
information, whether caused by any human or technological error that may occur
in the processing of entries. Any other attempted form of entry not specified
herein is prohibited; no automatic, programmed, robotic or similar means of
entry are permitted. Network service for transmission of text messages/entries
may be interrupted or unavailable due to atmospheric or topographical
conditions, governmental regulations or orders, or system capacity limitations.
Sponsor assumes no responsibility for message/entry delivery or timeliness of
messages/entries, or for the availability of messaging or general phone services
at all times.
Additional Terms and Conditions: If,
for any reason, the Contest cannot be executed as planned, including, but not
limited to, any governmental order, force majeure, social media mandate,
printing, administrative or other error of any kind, transmission failure,
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the control of Sponsor that
corrupt or affect the security, administration, fairness, integrity or proper
conduct of the Contest, or if the Contest is compromised or becomes technically
corrupted in any way, electronically or otherwise, Sponsor reserves the right,
in its sole discretion, to cancel, modify or terminate the Contest and, if
terminated before the original end date, to select the winner from among all
eligible, non-suspect entries received through both entry methods combined as
of the date/time of termination.
No transfer or substitution of prize (or any portion thereof) or cash
redemption permitted, except as provided herein or at Sponsor’s sole
discretion. Sponsor reserves the right to substitute a prize (or portion
thereof) of equal or greater value in the event that advertised prize (or
portion thereof) is unavailable. Sponsor further reserves the right, in its
sole discretion, to offer a cash alternative for prize; however, the cash
alternative may be less than the stated ARV of the prize. All federal, state
and local income taxes on the prize are Winner’s sole responsibility.
Winner will be issued an IRS Form 1099 for the value of his/her prize. 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 said prize.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST AND
THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED
TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL
ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND
ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT
ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION
PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS
DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED. PARTICIPATION CONSTITUTES
ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES.
Releases: By entering or accepting the prize (if
awarded to him/her), Entrant agrees to indemnify, release, defend and hold
harmless the Sponsor, its parent companies, subsidiaries, affiliates and
agencies, and the officers, directors and employees of each of the foregoing
(collectively, the “Released Parties”), from and against any and all liability
for any claims (including but not limited to third-party claims) arising from
or relating to loss, harm, damage, injury, cost or expense whatsoever
including, without limitation, claims alleging property damage, personal injury
(including without limitation emotional distress) and/or death, publicity
rights, defamation or invasion of privacy that may arise from or in connection
with participation in the Contest, including but not limited to, Winner’s
Contest entry; use of Winner’s name, likeness, biographical information,
signature, image or likeness; Winer’s receipt, possession, acceptance, use
and/or misuse or inability to use any prize or part thereof or participation in
prize-related activities, including, but not limited to, injury or loss
sustained in any travel related to 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.
The Released Parties are not responsible for: (a) any incorrect or inaccurate
information, whether caused by entrants, printing errors or by any of the
equipment or programming associated with or utilized in the Contest; (b)
technical failures of any kind, including, but not limited to malfunctions,
interruptions or disconnections in phone lines or network hardware or software;
(c) unauthorized human intervention in any part of the entry process or the
Contest; (d) technical or human error which may occur in the administration of
the Contest or the processing of entries; or (e) any injury or damage to
persons or property which may be caused, directly or indirectly, in whole or in
part, from entrant’s participation in the Contest or receipt or use or misuse
of the prize. If for any reason an entrant’s entry is confirmed to have been
erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole
remedy is another entry in the Contest, provided that if it is not possible to
award another entry due to discontinuance of the Contest, or any part of it,
for any reason, Sponsor, at its discretion, may elect to hold a random drawing
from among all eligible entries received up to the date of discontinuance for
any or all of the prizes offered herein. No more than the stated number of
prizes will be awarded. One prize per person only. In the event that
production, technical, seeding, programming or any other reasons cause more
than stated number of prizes as set forth in these Official Rules to be
available and/or claimed, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, unawarded, eligible
prize claims. CAUTION: ANY ATTEMPT BY A PERSON TO
DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE
IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S
FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL
PROSECUTION.
Warranty Disclaimer: By accepting
the prize, winner acknowledges that Sponsor has neither made, nor is in any
manner responsible or liable for, any warranty, representation or guarantee,
express or implied, in fact or in law, relative to such prize or any component
thereof, including, but not limited to, its quality, mechanical condition or
fitness for a particular purpose.
Limitations of Liability: By
participating or accepting a prize (if applicable), entrants agree that: (a)
any and all disputes, claims and causes of action arising out of, or connected
with, this Contest (including but not limited to
causes of action concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of
entrant and Sponsor in connection with this Contest) or
any prize shall be resolved individually, without resort to any form of class
action, and exclusively by final and binding
arbitration under the rules of the American Arbitration Association and held at
the AAA regional office nearest to New York City, New York; (b) the seat of the
arbitration shall be New York State; (c) the Federal Arbitration Act shall
govern the interpretation, enforcement and all proceedings at such arbitration;
and (d) judgment upon such arbitration award may be entered in any court having
jurisdiction. Under no circumstances will Entrant be permitted to obtain awards
for, and Entrant hereby waives all rights to claim, punitive, incidental, or
consequential damages, or any other damages, including attorneys' fees or other
legal costs, other than Entrant's actual
reasonable out-of-pocket costs expenses (i.e. costs associated with
participating in this Contest) and Entrant further waives all rights to have
damages multiplied or otherwise
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY
TO YOU.
Choice of Law: All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, entrants’ rights and obligations, or
the rights and obligations of the Sponsor in connection with the Contest, shall
be governed by, and construed in accordance with, the laws of the State of New
York, without giving effect to any choice of law or conflict of law rules
(whether of New York or any other jurisdiction), that would cause the
application of the laws of any jurisdiction other than New York.
Severability: The invalidity or
unenforceability of any provision of these Official Rules shall not affect the
validity or enforceability of any other provision. In the event that any
provision is determined to be invalid or otherwise unenforceable or illegal,
these Official Rules shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal provision were not
contained herein.
Construction: In the event there is
a discrepancy or inconsistency between disclosures or other statements
contained in any Contest-related materials and the terms and conditions of
these Official Rules, these Official Rules shall prevail, govern and control.
Odds: Odds
of being selected as a Winner are dependent upon the total number of eligible
entries received as of the date and time of each contest judging, the skill of
the contestant in the creation of their essay submission, and the decisions of Judges.
Official Rules &
Winner List: For a copy of these Official Rules, or the
name of the prize winner, send a self-addressed stamped envelope to be received
by 7/15/2023 to: Josh Cellars Month of Mom Contest, c/o Million Dollar Media,
P.O. Box 278, Woodbridge, NJ 07095.
PLEASE SPECIFY which you are requesting, official rules or winner list.
Sponsor: This
Contest is sponsored by Deutsch Family Wine & Spirits, 201 Tresser Blvd,
Ste 500, Stamford, CT, 06901.
Contest Administrator:
The Contest is administered by Million Dollar Media, P.O. Box 278,
Woodbridge, NJ 07095.
©2023 Josh Cellars. www.joshcellars.com. Please enjoy responsibly.