CUPCAKE VINEYARDS® LIVE DELICIOUSLY SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ALCOHOLIC BEVERAGES ARE NOT INCLUDED AS A PART OF THE PRIZE PACKAGE.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook™. You understand that you are entering a sweepstakes sponsored by Cupcake Vineyards and not by Facebook™.
The Cupcake Vineyards Live Deliciously Sweepstakes (the “Sweepstakes”) is sponsored by Cupcake Vineyards, 4596 Tesla Road Livermore, CA 94550 (the "Sponsor").
The Sweepstakes is administered by One Line Sports Agency, Inc., 210-50 41st Ave, Suite 2G, Bayside, NY 11361 (the “Administrator”).
1. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the 48 Continental United States and the District of Columbia who are 21 years of age or older at the time of entry. Void where prohibited or restricted by law. Void in Alaska and Hawaii. All federal, state and local laws and regulations apply.
The following individuals are not eligible to participate in the sweepstakes: employees, contractors, directors and officers of Sponsor and each of its respective parent, subsidiaries and affiliated companies, distributors, wholesalers, retailers, other alcoholic beverage suppliers, and any agencies involved in the administration, development and fulfillment of the Sweepstakes including, but not limited to, Sponsor, web design, advertising, and prize fulfillment companies (collectively, "Sweepstakes Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households of each such individual.
2. TO ENTER: The Sweepstakes begins 12:01AM Eastern Time ("ET") on July 1, 2013 and ends 11:59 PM ET on December 31, 2013 ("Entry Period"). There are two (2) ways to enter online.
Go to www.cupcaketrucktour.com (the “Website”) and complete the official online entry form including your full name, complete mailing address, email address, telephone number and date of birth. Send your entry by clicking on the submit button on the Sweepstakes page. Or go to www.facebook.com/cupcakevineyard (the “Facebook Page”). If you haven’t done so already, you must “Like” the Cupcake Vineyards Facebook Page. On the Cupcake Vineyards Facebook Page, click on the Sweepstakes tab and complete the entry form. Limit one entry per email address per day on Website and one entry per user account per day on Facebook Page.
An entrant who properly registers to enter the Sweepstakes will have the opportunity to receive bonus entries by using the Facebook sharing and Twitter messaging features provided on the Website. For every eligible individual that enters the Sweepstakes by clicking through the shared link, the referring entrant will receive one (1) bonus entry. Entrants can earn up to five (5) bonus entries for the duration of the Sweepstakes.
All entries must be received by 11:59 PM ET on December 31, 2013. All entries become the property of Sponsor and will not be acknowledged or returned. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules, and the decision of the Sponsor and Administrator, which shall be final and binding in all respects.
3. PRIZES: One (1) Grand Prize will be awarded. Grand Prize winner (the “Winner”) will receive a hometown visit by the Cupcake Vineyards Truck for a private party (the “Party”) for twenty (20) guests. The Party includes catered food, non-alcoholic beverages, supplies (cups, plates, utensils, napkins), twenty (20) gift bags supplied by the Sponsor (t-shirt, magnet and stress ball valued at $40 per bag) and one (1) $1,000 American Express® pre-paid debit card. Visit will be scheduled on Sunday, February 2, 2014. If Winner cannot accommodate this date, Party must be completed by Friday, February 28, 2014.
The Party will be held on private property outside the winner’s residence in a mutually agreed upon and legally permissible location. In the event that the winner cannot accommodate a private space for the truck, another nearby venue will be determined by the Sponsor and Administrator to host the Party.
Any costs incurred by winner and his/her guests to attend the party are the sole responsibility of winner and his/her guests. Party dates and arrangements are subject to change, availability and Sponsor's approval. Once date is booked, no changes or cancellations will be accepted and no extensions or exceptions apply. Winner’s guests must all be at least 21 years of age. No alcoholic beverages are included in the prize.
Approximate Retail Value ("ARV") of Grand Prize is $10,000. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor at Sponsor's sole discretion. Winner is responsible for any and all federal, state and local taxes or assessments and any person winning over $600.00 in prizes will receive an IRS Form W-2G from Sponsor or its designee for the calendar year in which the prize is awarded. Odds of winning depend on the number of eligible entries received.
4. RANDOM DRAWING: Potential winner will be chosen in a random drawing to be held on or about January 6, 2014 from among all eligible entries received by Sponsor and Administrator whose decision with respect to the selection of the potential winner and the interpretation of these rules and regulations will be final. Potential winner will be notified by telephone or email. Potential winner will be required to sign and return an Affidavit of Eligibility, Release and Indemnification and a Publicity Release (where allowed by law) within five (5) business days. Upon review and approval of Affidavit of Eligibility by Sponsor, the potential winner will be declared the Grand Prize winner.
If potential winner does not reply to such notification within five (5) business days, an email notification is undeliverable after up to three (3) attempts and/or the Affidavit of Eligibility, release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, winner will be disqualified and an alternate winner may be selected. The decision whether or not to select an alternative winner is the decision of Sponsor in its sole discretion. Personally identifiable information, including entry information received, will be used to verify eligibility and award prizes.
If a qualified Grand Prize winner has not claimed the prize by January 14, 2014, the Sponsor has the option to NOT award the prize.
Individuals selected by Winner to attend the Party (the “Winner’s guests”) will also be required to sign and return an Affidavit of Eligibility, Release and Indemnification and a Publicity Release (where allowed by law) five (5) days prior to the Party. If potential guests do not provide the Affidavit of Eligibility, Release and Indemnification and a Publicity Release five (5) days prior to the Party, that guest will not be able to attend the Party.
In the event of any dispute concerning the identity of any entrant of an online entry, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. Sponsor and its agencies are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the control of the Sponsor. Return of any prize notification as "undeliverable" will result in disqualification. If for any reason any prize is not claimed or a winner is disqualified, the prize will be forfeited and an alternate winner may be selected from among all eligible entries received during the Entry Period at the sole discretion of Sponsor.
5. GENERAL RULES: By acceptance of prize, Winner and Winner’s guests grant permission to the Sponsor and its agencies to use their names, city, state, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, participants hereby agree to release, discharge and hold harmless Sponsor, Administrator, Facebook, their parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the "Sweepstakes Entities") from any and all injuries, loss, claims or damages arising out of an entrant's participation in the Sweepstakes and/or acceptance or use or misuse of any prize. No transfer or substitution of prize is permitted except at sole discretion of Sponsor. Winner is responsible for any and all federal, state and local taxes.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive manner. Any attempt by an entrant to deliberately damage any website involved in the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages, including attorneys' fees, from any such entrant to the fullest extent of the law, including criminal prosecution. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or on any website or any combination thereof, including any injury or damage to participant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prizes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry mechanism, to be violating these Official Rules or to be acting in a disruptive manner.
6. HOLD HARMLESS: All Sweepstakes entrants, Winner and Winner’s guests agree that the Sweepstakes Entities shall not be responsible or liable for, and agree to release and hold harmless the Sweepstakes Entities from losses, damages, or injuries of any kind to person, including personal injury or death, or property resulting from participating in the Sweepstakes or Sweepstakes-related activity, including, but not limited to, the acceptance/possession and/or use or misuse of any prize or any injury or damage to entrant's or third person's property related to or resulting from any prize or any part of the Sweepstakes. By participating in the Sweepstakes, entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that entrant shall hold the Sweepstakes Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the prize awarded hereunder.
Without limiting the foregoing, everything regarding the Sweepstakes, including any websites used in connection therewith and any prize awarded hereunder, are 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, or non-infringement, all of which are expressly disclaimed by the Sweepstakes Entities.
7. RULES/NAMES OF WINNERS: A copy of the official rules can be found on the website at www.cupcaketrucktour.com and on the Facebook page at www.facebook.com/cupcakevineyard. The name of the Grand Prize winner will be available at www.cupcaketrucktour.com and www.facebook.com/cupcakevineyard on or about January 20, 2014.
8. 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 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, and 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.