CHRONIC CELLARS HALLOWEEN CONTEST OFFICIAL SOCIAL MEDIA PROMOTION AND CONTEST RULES
This CHRONIC CELLARS HALLOWEEN CONTEST (the “Contest”) is offered by Winery Exchange, Inc., dba Chronic Cellars (the “Sponsor”).
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE Contest CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest are called an “Entrant” for the purposes of these Official Rules.
1. Eligibility of Entrants. The Contest is open to individuals who are at least twenty one (21) years of age. Entrants must be legal residents of the United States or the District of Columbia (the “Contest Area”). Sponsor’s employees, wholesalers, distributors, retailers, their employees, agents, officers, directors, shareholders, members, managers and owners of the Sponsor and their immediate family members and those individuals living in the same household are not eligible to enter or win. Past winners of other promotions and contests offered by Sponsor within the previous six (6) months and their immediate family members and those individuals living in the same household are not eligible to enter or win.
2. Contest Period. This Contest entry period begins October 1, 2019 and ends at 11:59 pm (CST) on October 27, 2019 (the “Contest Period”).
3. How to Enter. Registration with Facebook or Instagram is required to enter the Contest. If you do not have a Facebook or Instagram account, you can sign up at no cost at www.facebook.com or www.instagram.com or via the Facebook or Instagram mobile application available via the applicable app store for your mobile device.
To enter on Facebook, locate the “Chronic Cellars Halloween Contest” post at www.facebook.com/chroniccellarswine (Facebook Page), and submit your photo showing your Chronic Cellars Halloween spirit in the Comments section for the “Chronic Cellars Halloween Contest” post as your entry (the “Entry”). Submit your entry by clicking on the submit button in the Comments feature.
To enter on Instagram, post your photo showing your Chronic Cellars Halloween spirit as your entry (the “Entry”). Submit your entry by tagging the photo @chroniccellars (Instagram Account).
Only one (1) entry per Facebook or Instagram user account will be accepted for the duration of the Contest Period. Additional Entries submitted by any user in excess of the stated contest limitation are void.
Sponsor will void any Entrant who submits ineligible entries (or attempts to make multiple entries by using multiple/different email, identities, or any other methods). Sponsor reserves the right to verify eligibility of all Entrants. Illegible or incomplete entries are void.
4. Winner Selection and Notification:
Selection of Four (4) Finalists. Sponsor will select a total of four (4) finalists from all eligible Entries received during the Period based on the following criteria: 34% Creativity, 33% “brand essence,” and 33% fan engagement (number of likes/comments). Selection and notification of the finalists will occur on or before two (2) business days after the close of the Contest Period.
Sponsor will then post the four (4) finalist Entries to Sponsor’s Facebook Page or Instagram Account for a public vote. Each finalist Entry will receive a designated number (1 – 4), and the public will be encouraged to vote for the overall best finalist Entry from the four (4) finalists by commenting on the Sponsor’s contest post with their respective vote.
Grand Prize. The finalist’s entry receiving the most public votes in the comments section of Sponsor’s contest posts by the end of the Contest Period will be the winner of the Grand Prize. Multiple votes from single users will not be counted. In the event of a tie, the judge’s pick among the tied finalists will be the tie-breaker. Selection and notification of the Grand Prize winner will occur on or before five (5) business days after the public voting is closed at the end of the Contest Period.
In consideration for entering this contest, all entrants hereby agree and consent, without further authorization, compensation or remuneration of any kind, to the use of their name and/or likeness in any and all advertising, promotions, and other publicity conducted by Sponsor and its affiliated entities, representatives, and agents, except where prohibited by law.
5. Prizes. The Contest will feature one (1) grand prize (the “Grand Prize”). The Grand Prize will be an award of one (1) original label print of Sponsors exclusive winery only wine, Love Machine, by artist Joe Kalionzes and a Chronic Cellars “Swag Bag” with a total market value of up to $575.
No portion of the Grand Prize may be transferred, exchanged for cash, or substituted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute the Grand Prize with a prize of equal or greater value for any reason, including, without limitation, unavailability. All expenses not specifically identified as included in the Grand Prize are the sole responsibility of winner. The Grand Prize is subject to availability. The Grand Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, implied warranty of merchantability or fitness for a particular purpose). Acceptance and use of the Grand Prize is at winner’s sole risk, and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising in connection with the use or misuse of the Grand Prize . Grand Prize winner will be solely responsible for all federal, state, and local taxes and fees and other expenses associated with receiving and using the Grand Prize.
The odds of winning the Grand Prize will depend on the number of eligible Entries received during the Contest Period.
6. Entry Requirements. By entering the Contest and providing an Entry, you understand that your Entry and information may be featured on or in Sponsor’s website, social media accounts, and other public and private marketing communications by Sponsor. By providing an Entry, you waive and release any rights you may have with respect to Sponsor using the Entry for Sponsor’s purposes, including commercial purposes. In addition, in order to participate in the Contest, Entrants will be required to supply certain information about themselves. Sponsor has specified which information is mandatory in order to participate in the Contest. By entering the Entry in the Contest, you make the following representations and warranties: (i) the Entry is your sole, original work; (ii) your Entry does not contain obscene, profane, lewd, defamatory, unlawful, or inappropriate content, or content disparaging to Sponsor – all as determined in Sponsor’s sole discretion; (iii) your Entry does not violate the privacy, property, or publicity rights of any person, living or deceased; and (iv) your Entry does not copy or otherwise plagiarize proprietary material from another source or person. Entries should not contain any third party materials, copyrights, trademarks, logos, or any other mark identifying a third party brand. Sponsor reserves the right to void and/or remove any Entry that it considers in its exclusive discretion to violate any of the above representations and warranties. Any Entry that does not meet the requirements of this Section and otherwise in these Official Rules will be disqualified and void.
7. General Contest Conditions. Neither Sponsor nor the Contest are affiliated with or endorsed by Facebook, Instagram or any other third party service used to upload and enter an Entry. All Entries must comply with the terms and conditions of any third party service used to upload the Entry (e.g., Facebook), including the creation of an account through the applicable service. Entrants are solely responsible for complying with those third party terms and conditions, and maintaining the technological, hardware, and internet capabilities required to use those third party services. Sponsor will not be responsible or liable in any manner for any Entrant’s or person’s inability to submit an eligible Entry, including, but not limited to, Entries that are late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed due to hardware, software, network or system errors, or failures of any kind.
Sponsor may prohibit any Entrant from participating in the Contest or winning the Grand Prize if Sponsor determines in its sole discretion that the Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives. Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
This Contest is subject to all applicable federal, state, and local laws. All Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All Entrants agree to follow the Official Rules. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. If for any reason this Contest is not capable of running as planned, then Sponsor reserves it’s right at its sole discretion to cancel, terminate, modify, or suspend the Contest.
8. Release; License to Use. Except where prohibited by law, an Entrants’s submission of an Entry constitutes the Entrants’s irrevocable, sub-licensable, absolute right and permission for Sponsor and its affiliated entities, representatives, and agents, to use, publish, post, or display Entrants’s name, photograph, video, likeness, statements, information, city and state, Prize information (as applicable), any quotes attributable to him or her, and any other indicia of person (regardless of whether modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for any purpose, including but not limited to advertising, trade, promotional, and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval, or compensation of any kind. Each Entrant releases Sponsor and its affiliated entities, representatives and agents from any and all liability related thereto. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted in this Rules and each Entrant waives any right to inspect or approve any such use.
9. Limitations on Liability. WINNERS AND ENTRANTS RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND REIMBURSE SPONSOR AND ITS RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE GRAND PRIZE, OR PARTICIPATION IN ANY PROMOTION RELATED ACTIVITY OR PARTICIPATION IN THIS GIVEAWAY. To the maximum extent permitted by law, Sponsor and its affiliated entities, representatives and agents will not be responsible or otherwise liable for any reason for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages related to the Giveaway, including any access to or use of the Facebook Page or Instagram Account or any downloading from or printing material from the Facebook Page or Instagram Account. Everything on the Facebook Page or Instagram Account is provided “as is” without warranty of any kind, either expressed or implied.
10. List of Winners. To obtain a list of the Contest winners, available ten (10) days after the Contest Period, send a self-addressed, stamped envelope with your request to: “Chronic Cellars Halloween Contest” 500 Redwood Boulevard, Suite 200, Novato, CA 94947.
11. Disputes. Except where prohibited, Entrants agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the Grand Prize will be resolved individually and exclusively by binding arbitration to be held in San Francisco, San Francisco County, California; (ii) all claims, judgments and awards on behalf of Entrants will be limited to lesser of actual out-of-pocket costs incurred or one hundred dollars ($100); (iii) attorneys’ fees will not be awarded or available to Entrants; and (iv) this Giveaway and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without giving effect to conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. ENTRANTS ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING A DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.
SPONSOR: Chronic Cellars, 500 Redwood Boulevard, Suite 200, Novato, CA 94947. ADMINISTRATOR: Archetype 831 S. School Ave. Fayetteville, AR 72701.