Official Rules - Imagery Estate Winery

IMAGERY ESTATE WINERY WIN A TRIP TO VISIT IMAGERY ESTATE WINERY PACNW 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.

This promotion is in no way sponsored, endorsed or administered by, or associated with 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 IMAGERY ESTATE WINERY.

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: The Imagery Estate Winery Win A Trip To Visit Imagery Estate Winery PACNW Sweepstakes (the “Sweepstakes”) is sponsored by The Wine Group LLC, 4596 Tesla Road Livermore, CA 94550 (the “Sponsor”).

2. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the States of Oregon and Washington 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 12:00:01 a.m. Pacific Time (“PT”) on June 1, 2019 and ends at 11:59:59 p.m. PT on August 31, 2019 (the “Entry Period”).

4. HOW TO ENTER: Either on a mobile device or a laptop/desktop computer, use your preferred browser to download the Imagery AR App in the app store. Scan an Imagery bottle to unlock the artistic filters. Choose the filter of your choice and record a video. Share your video with the hashtag #ImageryARPortland to enter. (the “Entry”). All Entries become the property of Sponsor. The Website Terms of Use and Privacy Policy apply to your use of the Website. Please read them carefully. This video will be posted to the Website. The videos will not be judged. The video submitted must be taken solely by the entrant. By submitting an entry, entrant represents and warrants that: (i) his/her video is the sole and original creation of the entrant and has not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity; and (iii) the person(s) depicted in the video has/have given his or her/their express written consent to its submission into this Sweepstakes and use as contemplated by these Official Rules and by submitting any video that contains the name, image, voice, signature, statements or likeness of any person, entrant hereby represents and warrants that entrant has obtained such written permission. Any video that contains third-party artistic works, copyrights, trademarks, trade names, logos, similar brand-identifying marks, trade secrets or other proprietary rights will not constitute a valid entry. Submission of an entry grants Sponsor the right to use, publish, adapt, edit and/or modify entry in any way, in whole or in part, and to use such entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the entry. Any entry shall become the sole and exclusive property of Sponsor, cannot be acknowledged and cannot be returned. Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including but not limited to all intellectual property and proprietary rights. By entering, each entrant further warrants and represents that he/she has received all rights which may be necessary from any person depicted in a video / video to grant this assignment and transfer of rights.

Videos containing full or partial nudity, as determined by the Sponsor in its sole discretion or any lewd or sexually suggestive gesture will be disqualified. No video may, as determined by Sponsor in its sole discretion (a) depict persons excessively consuming alcoholic beverages (b) depict persons conducting themselves in an inappropriate manner (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, or (e) include an image of any person that appears to be younger than twenty-one (21) years of age. Obscene, provocative, lewd or otherwise objectionable content or those which reflect poorly on the Imagery Estate Winery brand will not be displayed as a part of the Website and the determination of the appropriateness of any video submitted is at the sole discretion of the Sponsor.

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.

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. 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.

5. SOCIAL MEDIA DISCLOSURE AND PRIVACY POLICY: This promotion is in no way sponsored, endorsed, administered by, or associated with Instagram. Sponsor and Entrants hereby release Instagram from all liability, loss or damage resulting from administration of, communication of, or participation in the Sweepstakes.

Provision of information online is governed by Imagery Estate Winery’s Privacy Policy, accessible at https://www.imagerywinery.com/privacy-policy/ and Instagram’s Privacy Policy, accessible at https://help.instagram.com/155833707900388. If you do not agree with the policies, do not participate in the Sweepstakes or otherwise use the Website, Facebook, or Instagram.

You are providing your information to Sponsor and not to these social media platforms. All personal information collected by Sponsor will be used for administration of the Sweepstakes. In addition, Entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy. Sponsor uses reasonable commercial 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. Please refer to Sponsor’s privacy policy located at www.thewinegroup.com/legal for important information regarding the collection, use and disclosure of personal information by Sponsor.

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.

6. ODDS OF WINNING: Odds of winning are dependent upon the number of eligible entries received.

7. SWEEPSTAKES GRAND PRIZE: One (1) Grand Prize will be awarded which consists of a two (2) day, one (1) night trip for two (2) people to Livermore, California to Imagery Estate Winery. All elements of the Grand Prize are to be determined by Sponsor in its sole discretion. The Grand Prize includes round trip coach class air transportation within the United States from a major airport near the Grand Prize winner’s home city to San Francisco, California, round trip ground transportation between San Francisco International Airport and hotel, roundtrip transportation from hotel to Imagery Estate Winery, as determined by Sponsor in its sole discretion. All other expenses are the sole responsibility of the winner. The approximate retail value (“ARV”) of the Grand Prize is US$3,500.00.

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.

8. GRAND PRIZE TRAVEL PROVISIONS: The winner of the Grand Prize (the “Winner”) and one (1) guest must share accommodations of one (1) hotel room as selected by Sponsor. The Winner and his/her guest must travel on the same itinerary.

The Grand Prize consists only of those items expressly specified in these Official Rules as being part of the prize. All other expenses and costs not expressly listed above, including, but not limited to, taxes, insurance, telephone charges, room service, laundry services, personal expenses, gratuities, entertainment, transfers (excluding those referenced above), incidental charges, meals, or any other items not specifically described in these Official Rules, any transportation not mentioned within such Grand Prize descriptions, and all expenses for any of the foregoing, are the sole responsibility of the Winner and his/her guest. The Winner’s guest must be at least 21 years of age at time of travel.

The Grand Prize is non-transferable, non-refundable, may not be resold, and cannot be used as partial payment toward airfare or a hotel room category other than that assigned. 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.

The Grand Prize trip must be taken by March 31, 2020. Other restrictions may apply. If the Winner is unable to travel on dates specified, the Grand Prize will be forfeited and an alternate winner will be selected, time permitting. Sponsor will determine airline and flight itinerary and all other travel-related aspects included in the Grand Prize in its sole discretion. The regulations, conditions and terms of use of any transportation or accommodation provider apply. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. In the event the Winner lives within one-hundred eighty (180) miles of the destination, round-trip ground transportation may, in Sponsor’s sole discretion, be provided in lieu of air transportation and no additional compensation will be provided. The Winner’s guest must execute the liability/publicity release (where legal) provided by Sponsor before Sponsor will issue or cause to be issued, the travel documents. The Winner and the Winner’s guest must each possess a valid government-issued video I.D. in order to travel. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination. In the event the Awards Show is cancelled or postponed due to circumstances beyond Sponsor’s control, that portion of the Grand Prize will not be awarded and no additional compensation will be provided.

9. GRAND PRIZE RANDOM DRAWING: On or about October 4, 2019, one (1) potential Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Entry Period.

Drawing will be conducted by Administrator on behalf of Sponsor. Sponsor’s interpretation of these rules and decisions related to the sweepstakes shall be final.

10. WINNER NOTIFICATION: The potential Grand Prize winner 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.

11. 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, photo, 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.

Sponsor reserves the right to conduct a background check of any criminal records of the Winner and Winner’s guest(s). To the extent necessary and permitted by law, Winners and Winner’s guest(s) shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify Winners and/or Winner’s guest(s) from any prize element based on the results of the background check.

12. 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 June 30, 2019, send a self-addressed-stamped envelope to: Imagery Estate Winery Win A Trip To Visit Imagery Estate Winery PACNW Sweepstakes, 4596 Tesla Road, Livermore, CA 94550.

13. 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.

14. 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.

15. 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.

16. 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.