FRANZIA BOOM.BOX.SWEEPS. SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF THE PRIZE.
REFERENCES TO ANY THIRD-PARTY ENTITY OR TRADEMARK DO NOT CONSTITUTE OR IMPLY, AND SHOULD NOT BE CONSTRUED AS, AN ENDORSEMENT OF THIS SWEEPSTAKES OR FRANZIA WINES.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. REFERENCES TO ANY THIRD-PARTY ENTITY OR TRADEMARK DO NOT CONSTITUTE OR IMPLY, AND SHOULD NOT BE CONSTRUED AS, AN ENDORSEMENT OF THIS SWEEPSTAKES, OR FRANZIA WINES.
BY PARTICIPATING IN THE PROMOTION VIA ONE OR MORE OF THE METHODS DESCRIBED HEREIN, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO, AND COMPLY WITH, THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE PROMOTION WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
1. SPONSOR AND ADMINISTRATOR: The Franzia Wines Boom.Box.Sweeps. Sweepstakes (the “Sweepstakes”) is sponsored by The Wine Group LLC, 4596 Tesla Road Livermore, CA 94550 (the “Sponsor”). The Sweepstakes is administered by MIO, 5206 Shaw Avenue, St. Louis, MO 63110 (the “Administrator”).
2. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older at the time of entry. No purchase of alcohol or purchase of any kind is necessary to enter or win. A purchase does not increase your chances of winning. Void where prohibited or restricted by law. The Sweepstakes is being conducted as a consumer sweepstakes in accordance with California Business and Professions Code Sections 17539.15 and 25600.2. 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, web design, advertising, marketing, public relations, and prize fulfillment companies, and the immediate family members (spouse, domestic partner, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual.
3. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 8:00:00 a.m. Pacific Time (“PT”) on May 15, 2019 and ends at 5:00:00 p.m. PT on July 26, 2019 (the “Entry Period”).
After you complete the Entry, you will be invited to sign-up for our email newsletter distribution list and you will be entered an additional time into the Sweepstakes drawing (limit one additional entry via this method per Entry Period).
After you complete the Entry, you will be invited to watch a brand video. You must watch the brand video to the end to be awarded an additional entry (limit one additional entry via this method per Entry Period).
After you complete the Entry, you will be invited to post a photo to Instagram with the hashtag #franzforlife.. The photos will not be judged. If, at any time during the Entry Period, you wish to post a photo as described above (optional), upload the photo and you will be entered an additional time into the Sweepstakes drawing (limit one additional entry via a photo upload to Instagram during the Entry Period). You must have an Instagram account and have your account settings set to “unprotected” or “public”. If you do not have an Instagram account, you may create one by downloading the free Instagram app on a mobile device at either the Apple® App Store, Google® Play store or Windows® Marketplace. Once the app has downloaded, you will be prompted to complete the on-screen registration form, which is free.
By submitting a photo via Instagram with the hashtag #franzforlife, the entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission, including from the photographer, if other than entrant) to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post the entrant’s photo, name, likeness and all other information about the entrant contained in the photo on the World Wide Web, and to otherwise use the entrant’s photo, name, likeness and all other information about the entrant in the photo without compensation in the advertising, promotion, and publicity of Franzia Wines, and otherwise, as stated in these Official Rules (as solely determined by Sponsor).
Entrant further warrants and represents that he/she has fully complied with these Official Rules and that his/her photo: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy (without in any way limiting the preceding, entrant represents and warrants that he/she has obtained permission from the photographer if not him/herself (upon Sponsor’s request, winner must submit proof of obtaining all necessary consents); (3) is not defamatory, slanderous, libelous, scandalous or obscene as determined by Sponsor in its sole discretion; (4) is entirely entrant’s own original work and entrant owns or controls all right, title and interest in the photo, including but not limited to its copyright; (5) has not been submitted in any other competition or Promotion; (6) does not contain any virus, bugs, or other deleterious material; (7) does not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor); (8) does not name, depict or describe any person (living, dead, or fictional) other than the entrant him/herself; (9) does not depict the excessive or irresponsible consumption of alcohol as determined by Sponsor in its sole discretion nor does it contain any brand that is competitive to Franzia Wines; (10) without limiting the foregoing, does not contain any material that is protected by copyright other than the copyright owned exclusively by the entrant, including but not limited to product labels that are subject to others’ copyright.
Submissions may not (and Sponsor and Administrator reserve the right to disqualify any photos that do): 1) include nudity or what Sponsor, in its sole discretion, considers to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech or drug usage; 2) disparage Sponsor or any other party, including brands or trademarks other than those of Sponsor (this includes but is not limited to the brands/trademarks of Sponsor’s competitors); 3) depict acts of violence or aggression; 4) advocate illegal conduct of any kind.After you complete the Entry, you will be invited to Click for a Daily Entry. If, at any time during the Entry Period after date of the Entry, you wish to click for a Daily Entry (optional), click where indicated, and you will be entered an additional time into the Sweepstakes drawing (limit one additional Daily Entry per day).
Mass entry attempts (other than as permitted above) may result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified.
Normal internet access and usage charges imposed by entrant’s internet service provider may apply and are entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by entrant’s phone service provider may apply and are entrant’s sole responsibility.
By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Sweepstakes Entities (as defined below) from any action or liability resulting from your participation in the Sweepstakes and/or any other information included in any entry.
6. ODDS OF WINNING: Odds of winning are dependent upon the number of eligible entries received.
7. SWEEPSTAKES GRAND PRIZE: Ten (10) Grand Prizes will be awarded. Each Grand Prize winner will receive one (1) limited edition Franzia Boom Box Carrier. Approximate retail value (“AVR”) of each Grand Prize is US$250.00. The total approximate AVR for all prizes is US$2,500.00. The actual value of the Grand Prize depends on market conditions at time of fulfillment. Any difference between ARV and actual value will not be awarded. All prize details will be determined by Sponsor in its sole discretion.
The Grand Prize is non-transferable, non-refundable, and may not be resold. The Winner is not entitled to exchange or transfer prizes or to obtain other substitutes, provided, however, Sponsor reserves the sole right to substitute prizes or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason. The Grand Prize will be awarded if properly claimed. The Grand Prize is awarded “as is” and without any warranty, except as required by law. All taxes on the Grand Prize value are the sole responsibility of the Winner. An Internal Revenue Service form 1099 reflecting the actual value of the Grand Prize will be issued in the Winner’s name if required by law.
8. GRAND PRIZE RANDOM DRAWING: One (1) winner will be selected in a random
drawing from among all eligible entries received on or about the following dates:
May 24, May 31, June 7, June 14, June 21, June 28, July 5, July 12, July 18, July 26, 2019,
(each a “random drawing period”). Any eligible entry not selected as a winner in a random drawing period, will automatically be rolled over into the next drawing period.
Drawings will be conducted by Sponsor. Sponsor’s interpretation of these rules and decisions related to the sweepstakes shall be final.
9. WINNER NOTIFICATION: The potential Grand Prize winners will be notified by email/phone and will be required to sign and return, via email, an Affidavit of Eligibility and Liability and Publicity release (except where prohibited by law) (“Affidavit”) within two (2) days of receipt of Affidavit or the prize will be forfeited and an alternate winner may be chosen, time permitting. The Affidavit will be sent via email from the Administrator. The return of prize notification as undeliverable may result in disqualification and alternate selection, time permitting.
Personally identifiable information, including entry information received, will be used to verify eligibility and award the prize.
In the event of any dispute concerning the identity of any entrant of an entry, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting account. Sponsor and its agencies are not responsible for notifications that are misdirected because contact details as provided by the entrant are no longer correct, or for any other reason beyond the exclusive control of the Sponsor.
10. GENERAL RULES: By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules.
By entering, entrants hereby agree to indemnify, release, discharge, and hold harmless Sponsor and its 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 and against any and all injuries, loss, claims, actions, liabilities, or damages arising out of or in connection with an entrant’s participation in the Sweepstakes, entrant’s acceptance or use or misuse of a prize, and/or any other information included in any entry.
By acceptance of the prize, the Winner grants permission to the Sponsor and its agencies to use his/her name, city, state, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By participating in the Sweepstakes, entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that entrant shall defend and 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 the Website/any websites used in connection therewith and the 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.
If for any reason the Sweepstakes is not capable of running as planned, including without limitation 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. In the event the Sweepstakes is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Grand Prize from among all eligible entries received prior to cancellation. Any attempt by an entrant to deliberately damage the Website/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 all available remedies, including, without limitation, criminal prosecution, and damages, including, without limitation, attorneys’ fees and expenses, from any such entrant to the fullest extent of the law. No responsibility is assumed by Sponsor 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 sent 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, without limitation, any injury or damage to an entrant’s or any other person’s computer, tablet or mobile device related to, or resulting from, participation in or downloading any materials related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of the prize. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with an entry, to be violating these Official Rules, or to be acting in a disruptive manner. In no event will the Sponsor be obligated to award more than the Grand Prize described herein.
11. RULES/NAME OF WINNER: A copy of these Official Rules can be found on the Website. For the name of the Winner, available for a period of at least 30 days after July 30, 2019, send a self-addressed-stamped envelope to: Franzia.Boom.Box.Sweeps. Sweepstakes, 4596 Tesla Road, Livermore, CA 94550.
12. DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the prize awarded (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) Entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the Entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, Entrant and Sponsor shall enter into arbitration proceedings in San Francisco, California before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees or expenses or other costs related to litigation; (4) 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 waives any and all rights to have damages multiplied or otherwise increased.
13. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes 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) that would cause the application of the laws of any jurisdiction other than the State of California.
14. SEVERABILITY: If any provision of these Official Rules becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from these rules and such court (or, if such court refuses to do so, the Sponsor) will replace such illegal, void or unenforceable provision of these Official Rules with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Official Rules shall remain in place and enforceable in accordance with their terms.
15. NO WAIVER: The failure of Sponsor to assert any right hereunder, or to insist upon compliance with any term or condition of these Official Rules shall not constitute the waiver of that right or excuse the subsequent performance or non-performance of any such term or condition by entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules.
© 2019 The Wine Group, Livermore, CA