The following Sweepstakes is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON.
1. Eligibility: No purchase necessary. Open to legal residents of the 50 United States (excluding Alabama, Oklahoma and Utah) and the District of Columbia, (“U.S.”) who are located in the U.S. and are at least twenty-one (21) years of age or older at the time of entry. The Instant Cellar Provided by Studio Beverage Group Sweepstakes (the “Sweepstakes“) is governed by US law and is subject to all applicable federal, state, and local laws and regulations. Sponsor, Administrator, and each of their respective parents, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively, the “Promotion Entities”) and members of the immediate family or household of each are not eligible to participate. Immediate family member is defined as a parent, sibling or any person residing in same household as employee. State alcoholic beverage manufacturers, distributors, and retailers and employees of state or local alcohol beverage agencies are not eligible to enter or win. This Sweepstakes is void where prohibited by law.
2. Agreement to Official Rules: Participation constitutes entrant’s agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and legally binding in all respects.
3. Timing: (a) Sweepstakes begins Wednesday, April 10, 2019 at 12:01:00 a.m. Eastern Time (“ET”) and ends Wednesday, September 25, 2019 at 11:59:59 p.m. ET (“Sweepstakes Period“). Sponsor’s designated computer server is the official time-keeping device for Sweepstakes. The objective is to correctly submit on the Sponsor’s Sweepstakes site, the location of the longitude and latitude printed on corks (behind the bottle label in California only) during each reveal period (see Rule #5 below). Correctly enter the location and receive one (1) entry in to the Sweepstakes for each correct answer. LIMIT: Four (4) entries in total over the Sweepstakes Period per person (one (1) per reveal period). (b) Winner Selection & Notification: One (1) prize winner will be randomly selected by the Administrator, from all eligible entries received during the Sweepstakes Period on or about Wednesday, October 9, 2019. Potential winner will receive their prize by mail or express service (as Sponsor elects) using the contact information provided at the time of entry. Sponsor shall have no liability for any notification that is lost, intercepted or not received for any reason. If, prize notification is returned as unclaimed or undeliverable, such potential winner will forfeit prize and at Sponsor’s discretion, an alternate potential winner may be selected. If any potential winner is found to be ineligible or if the potential winner has not complied with these Official Rules or declines a prize for any reason, such potential winner will be disqualified and at Sponsor’s discretion, an alternate potential winner may be selected.
4. Prize: Only the prize listed below will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received.
One (1) Prize: Two (2) cases of wine selected by the Sponsor in its sole discretion with an approximate retail value of $1,500. Please note: certain states may require that freight/tax be paid by the winner, estimated at $50. You will be advised at the time of winning if this applies.
Sponsor and Administrator will not replace any lost, mutilated, or stolen prizes. Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prize is not redeemable for cash. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees.
5. How to Enter Options:
During each reveal period, visit the Sponsor’s site at https://www.flightandfeatherswine.com/whereissix and complete all the required information, agree to the Official Rules, including age verification and entering the location of the longitude and latitude printed on the cork or behind the label (CA only).
REVEAL PERIODS (Each reveal period will reveal a new longitude and latitude):
- To enter without a purchase: To receive a free longitude and latitude code, insert in a standard business size envelope, a self-addressed stamped envelope and mail to: Flight and Feathers Reveal Code Request, PO Box 2001, Framingham, MA 01703-2001. The reveal code you will receive will be based on the date received at the PO Box and the reveal period in which it was received. Last chance to receive a code must be received by 9/25/19. Once you receive your reveal longitude and latitude, follow the above directions to enter the Sweepstakes. Administrator is not responsible for lost, late, damaged or postage due requests.
LIMIT: One (1) entry per person or Email address per reveal period. Entries in excess of any stated limitation, and entries generated by script, macro or other automated means, or any means that subverts the entry process, will be void. Any attempted form of entry other than as described herein including the use of multiple Email addresses by the same person, is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry, and reserves the right to reject any submissions that it deems, in its sole discretion, to violate any of Sponsor’s policies, standards, or practices. All materials and entries submitted become the property of the Sponsor and will not be returned or acknowledged.
In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All entry materials submitted become the property of the Sponsor and will not be returned or acknowledged.
If you opt to access the Sweepstakes via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions. Sponsor is not responsible for any charges.
6. Winner Requirements: Acceptance of prize shall constitute winner’s agreement and consent to Sponsor’s and its designees’ use of winner’s name, city, state, likeness, photo and/or prize information in connection with this Sweepstakes for promotional, advertising or other purposes, in any manner, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
Any potential prize winner with a prize value greater than $600 will be required to sign (a) an Affidavit of Eligibility, (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the winner for advertising and promotion purposes), (c) a liability release, and (d) a form W9, Taxpayer Request for Identification, and return each of the properly executed documents to the Administrator within five (5) calendar days of attempted notification as a condition of awarding the prize. A potential prize winner who satisfies all of the Sweepstakes requirements, including without limitation, those set forth in this paragraph, will be designated the official winner (the “Winner”).
The Winner will not receive the difference between the actual and approximate retail value of the prize.
7. Release: By entering, you agree to release, indemnify and hold harmless the Promotion Entities, Vivino, and its respective officers, directors, and employees (the “Released Parties”) from and against any and all liability, claim or cause of action, including, but not limited to, injuries, death, loss or damage of any kind, arising from or in connection with this Sweepstakes and the operation and administration thereof, your participation in the Sweepstakes, or receipt or use or misuse of any prize by you and/or your guest.
8. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of this Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winner from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries.
9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or this Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of this Sweepstakes, the uploading, the processing or random selection of entries, the announcement of the prize or in any Sweepstakes-related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged or stolen entries or mail; (6) costs associated with claiming or redeeming the prizes; nor (7) loss or damages resulting from an entrant’s connection to the internet via any of the websites contained herein. The Released Parties are not responsible for any incorrect, mistranscribed, misdirected or undeliverable entries, E-mail transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties assume no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user’s Internet service provider and/or E-mail client or for insufficient space in user’s E-mail account to receive E-mail. The Released Parties do not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor or Administrator.
10. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NAPA COUNTY, CALIFORNIA. IF A CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NAPA COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Promotion Entities and/or any other party shall be resolved individually, without resort to any form of class action.
11. Winner’s List: For the name of the Winner, list, send a self-addressed stamped envelope to: Flight and Feathers – Winner, PO Box 2312, Framingham, MA 01703-2312 before 10/16/19.
Sponsor: Studio Beverage Group, Inc., 1754 2nd Street, Ste F Napa, CA 94559
Administrator: Cohen-Friedberg Associates, LLC, Framingham, MA 01702.
The use of any prize manufacturer, name, venue or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.