CUPCAKE VINEYARDS CHOOSE JOY CONTEST OFFICIAL RULES
NO PURCHASE OF SPONSOR’S PRODUCT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE 21 OR OLDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF THE PRIZE.
THIS CONTEST 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 CONTEST OR CUPCAKE VINEYARDS WINES.
BY PARTICIPATING IN THE CONTEST VIA THE METHOD 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 CONTEST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
1. SPONSOR: The Cupcake Vineyards Choose Joy Contest (the “Contest”) is sponsored by The Wine Group LLC doing business as Cupcake Vineyards, 4596 Tesla Road, Livermore, CA 94550 (the “Sponsor”).
2. ADMINISTRATOR: The Contest is administered by MKTG, 5080 Highlands Parkway SE, Smyrna, GA 30082 (the “Administrator”).
3. ELIGIBILITY: Contest 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. The Contest is void where prohibited or restricted by law. The Contest is being conducted as a consumer contest in accordance with California Business and Professions Code Sections 17539.15 and 25600.2 and any similar law of any other state or territory of the United States of America where such law applies. All federal, state and local laws and regulations apply. The following individuals are not eligible to participate in the Contest: 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 Contest 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.
4. CONTEST ENTRY PERIOD: The Contest begins at 11:00:00 a.m. Pacific Time (“PT”) on April 13, 2018 and ends at 11:00:00 p.m. PT on April 22, 2018 (the “Entry Period”) and consists of six (6) daily entry periods (“Daily Entry Period) during two weekend periods, as follows:
- Weekend One Entry Period – April 13, 2018 to April 15, 2018
- Weekend Two Entry Period – April 20, 2018 to April 22, 2018
For the purposes of the Contest, a Daily Entry Period is defined as beginning at 11:00 a.m. PT and ending at 11:00 p.m. PT.
5. HOW TO ENTER: During a Daily Entry Period, you may enter the Contest by posting an original photo or video to Instagram depicting how you share the joy of your time at the Coachella Valley Music and Arts Festival. “Poptakes” cards will be provided on-site as an inspiration for your entry. To be eligible for the Contest, your post must include the hashtag #choosejoycontest and the tag @CupcakeVineyards in the caption. Your photo, video, caption, name, Instagram username, image, likeness, voice, biographical information (city and state only) and all other information about you in the post, as well as any third party content such as other people appearing in the photo or video and all other components of your post used to enter the Contest shall herein be referred to as the “Entry” or, collectively, the “Entries”.
To submit an Entry, your Instagram account must be a non-private account that is set to “unprotected” or “public.” Due to Instagram’s terms, Sponsor may not receive Entries from an Instagram account that is set as “protected” or “private” (i.e., account settings that require the account holder to approve viewers).
Partial or incomplete/piecemeal submissions (e.g., posting a photo or video without the hashtag #ChooseJoyContest and @CupcakeVineyards in the caption) will NOT BE ACCEPTED.
Each entrant must submit an original photo or video (DO NOT COPY OTHERS’ WORK). Potential winners will have to provide written permission/authorization from each person in the photo or video and provide to Sponsor upon Sponsor’s request. Each person in the photo or video must be 21 years of age or older at the time of Entry.
By posting a photo or video, the entrant gives permission (and warrants, represents and covenants 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 use the entrant’s name, Instagram username, image, likeness, voice, prize information and/or biographical information (city and state only) and all other information about the entrant contained in the photo or video without compensation in the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such grant of rights will be confirmed by winner upon Sponsor’s request and winner agrees to sign any and all necessary confirming documents without compensation of any kind (other than the prize).
The entrant hereby assigns to Sponsor all of his/her right, title and interest in the Entry or Entries and all of his/her right, title and interest in any copyrights, trademarks and copyright and trademark applications based thereon. The entrant shall use all commercially reasonable efforts to obtain assignments of copyright and other intellectual property rights from other third parties in connection with any Entries, and if such intellectual property rights may not be assigned, to obtain worldwide, perpetual, royalty-free, exclusive, and sub-licensable licenses in Sponsor’s name and any other rights to use such work as may be necessary in connection with the subject matter hereof.
The entrant further warrants and represents that he/she has fully complied with these Official Rules and that his/her photo or video, caption, and any other components of the post: (1) do not violate any law or regulation; (2) do 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) are not defamatory, slanderous, libelous, scandalous or obscene as determined by Sponsor in its sole discretion; (4) are entirely entrant’s own original work and entrant owns or controls all right, title and interest in the photo or video , including but not limited to its copyright; (5) has not been submitted in any other competition or Promotion; (6) do not contain any virus, bugs, or other deleterious material; (7) do not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor); (8) do not name, depict or describe any person (living, dead, or fictional) other than the entrant him/herself; and (9) without limiting the foregoing, do 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.
Entries may not (and Sponsor and Administrator reserve the right to disqualify any posts that do): 1) include nudity or what Sponsor or Administrator, in their 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 entity, 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; (5) depict excessive or irresponsible consumption of alcohol as determined by Sponsor in its sole discretion; or (6) contain any brand that is competitive to Cupcake Vineyards. If a post is unable to be viewed by Sponsor or Administrator for any reason whatsoever, that post (as well as the entry of which it is a part) shall be disqualified (and Contest Entities, as defined below, will not be responsible or liable for any such inability).
Use of automated entry devices or programs, or posts by third parties, are prohibited. All Entries become the property of Sponsor and will not be acknowledged.
7. JUDGING: During each Daily Entry Period, entrants may enter by posting a photo or video to Instagram using the hashtag #ChooseJoyContest and the tag @CupcakeVineyards. There are two prize levels (Level 1 Prize and Grand Prize), each with their own judging requirements.
- Level 1 Prize:
- Participants will be eligible to win a Level 1 prize depending on how many reactions their post has received on Instagram, which includes a “like” or “comment” on the post from a person other than the person who posted the photo or video (each a “Reaction”).
- Each participant will be eligible for a Level 1 prize depending on the number of Reactions his/her post has received.
- During each Daily Entry Period, Sponsor will display the required number of Reactions for the Level 1 prize. This information will be displayed at the Cupcake Vineyards Poptail Shop at the Coachella Valley Music and Arts Festival in Indio, California.
- Each participant must show a Cupcake Vineyards brand ambassador his/her Instagram account and post. The Cupcake Vineyards brand ambassador will determine if the post qualifies based on the requirements for the Level 1 Prize based on the applicable Daily Entry Period. This assessment will be based on the number of Reactions the post receives as determined by the Sponsor at its sole discretion.
- Each participant may receive no more than one (1) Level 1 prize per Daily Entry Period. Determination of the prize level will be based on only one (1) post. The total number of Reactions from multiple posts on the same day will not be counted together.
- Winning a Level 1 prize does not disqualify you from being entered or winning the grand prize.
- Grand Prize:
- All entries that are posted with both the hashtag #ChooseJoyContest and the tag @CupcakeVineyards in each eligible time period will be combined, and two winners will be randomly selected among those entries. (One from Weekend One Entry Period and One from Weekend Two Entry Period)
- Enter as many times as you wish during the Entry Period. One (1) Grand Prize winner will be selected from each Weekly Entry Period for a total of two (2) Grand Prize winners. Winner can only win one (1) Grand Prize.
8. PRIZES: During each Daily Entry Period, the following prizes may be distributed:
- Level 1 Prize:
- Up to 300 Ferris wheel ride vouchers (while supplies last). One (1) voucher per person per Daily Entry Period. Supply will be split into approximately 50 per day allotments throughout the 6 days of the festival. Approximate retail value of Ferris wheel voucher is $10.00. Total ARV is $300.00.
- Grand Prize:
- Weekend One Entry Period (April 13-15, 2018): one (1) Winner will receive two (2), three (3) day general admission passes to either Coachella Music and Arts Festival Weekend 1 or 2, during the Coachella Music and Arts Festival to be held on two separate weekends in the Spring of 2019.
- Weekend Two Entry Period (April 20-22, 2018): one (1) winner will receive two (2), three (3) day general admission passes to either Coachella Music and Arts Festival Weekend 1 or 2, during the Coachella Music and Arts Festival to be held on two separate weekends in the Spring of 2019.
- Winners must determine if they want Weekend 1 or 2 tickets by December 31, 2018. Winners will receive the tickets at least one week prior to the festival dates in 2019.
- ARV of one 3-day GA pass = approximately $450 (total prize value of each Grand Prize of 2 tickets = approximately $900)
Approximate Retail Value of all prizes is $2,100.00. Actual value of prizes may vary. Any difference in the states ARV and actual retail value will not be awarded.
9. DETERMINATION OF WINNERS: Level 1 Prizes: At the Cupcake Vineyards’ Poptail Shop at the Coachella Valley Music and Arts festival, each participant must show a Cupcake Vineyards brand ambassador his/her Instagram account and post. The Cupcake Vineyards brand ambassador will determine which prize level the post qualities for based on the requirements for each level for the applicable Daily Entry Period. This assessment will be based on the number of Reactions the post receives.
Participants may receive no more than one (1) prize per Daily Entry Period based on the number of Reactions to a single post. Determination of the prize level will be based on only one (1) post. The total number of Reactions from multiple posts posted on the same day will not be counted together in determining the applicable prize level. 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.
The exact number of prizes offered during each Daily Entry Period is subject to change as determined by Sponsor in its sole discretion.
Prizes are available on a first come, first served basis. As a limited number of prizes is available during each Daily Entry Period, participants are not guaranteed to win a prize based on their qualifying level and may not receive any prize depending on availability.
Before Level 1 prize is issued, each winner will be required to execute a Release of Liability. Winner must be at least 21 years of age and may be required to present a valid government-issued photo ID before prize is released.
Grand Prize: The potential Grand Prize winners will be notified via direct message on Instagram on or about Wednesday, April 18, 2018 for the Weekend One Entry Period and Wednesday, April 25, 2018 for the Weekend Two Entry Period, and will be required to sign an affidavit of eligibility and liability release within ten (10) days of notification or prize will be forfeited and may be awarded to another winner at sponsor’s sole discretion. If winner cannot be located or does not respond to attempt to be notified within three (3) days, or seventy-two (72) hours from initial notification, prize will automatically be forfeited, and an alternate winner may be selected at sponsor’s sole discretion. Winner’s guest will also be required to sign and return a Guest Affidavit of Eligibility/Release.
If the potential Grand Prize winner(s) cannot attend either of the Coachella Music and Arts Festival Events, the prize will be forfeited, and no other prize or additional compensation will be awarded. The Sponsor reserves the right to choose an alternate winner at its sole discretion.
All other expenses and costs, not expressly listed above, including, but not limited to, taxes, hotel accommodations, telephone charges, meals, transportation to and from the Festival, personal expenses, gratuities, incidental charges, or any other items not specifically described in these Official Rules are the sole responsibility of each Grand Prize winner. No transfer, substitution or cash equivalent for the prize will be permitted, except at the sole discretion of the Sponsor and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided or due. In the event the Festival is cancelled for any reason, Sponsor will award a prize of equal or greater value, in their sole discretion.
No alcoholic beverages are included in the prize. In the event a Grand Prize winner or his/her guest consume alcoholic beverages (not provided by Sponsor) while attending the Festival, they do so at their own discretion and agree to hold the Sweepstakes Entities harmless from any subsequent damages or claims arising out of or related to such consumption.
Each winner is responsible for any and all federal, state and local taxes or assessments and each Grand Prize winner will receive an IRS Form 1099 from Sponsor or Administrator for the calendar year in which the prize is awarded for the value of the prize awarded.
Odds of winning are dependent upon the number of eligible entries received during the Entry Period.
10. GENERAL RULES/VERIFICATION: By acceptance of the prize, each winner grants permission to the Sponsor and its agencies to use his/her name, Instagram username, image, likeness, voice, prize information and/or biographical information (city and state only), for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. Each winner shall assign to Sponsor all of his/her right, title and interest in any and all Entries and all of his/her right, title and interest in any copyrights, trademarks and copyright and trademark applications based thereon. By entering, entrants/winners hereby agree, 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 “Contest Entities”) from any and all injuries, loss, claims or damages arising out of an entrant’s participation in the Contest and/or entrant’s and winners’ acceptance or use or misuse of prize. By participating in the Contest, entrants agree that the Contest Entities will have no liability whatsoever for, and that entrant shall defend and hold the Contest 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 Contest, including 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 Contest Entities.
If for any reason the Contest 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 Contest, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Contest 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 Contest is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the prizes based on the judging criteria listed above from among all eligible entries received for each Daily Entry Period prior to cancellation. Any attempt by an entrant to deliberately damage any website involved in the Contest or undermine the legitimate operation of the Contest 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 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 Contest. Sponsor is not responsible for any typographical or other error in the printing of the Contest materials, administration of the Contest, 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 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 number of prizes described herein.
By entering the Contest, you represent, warrant and covenant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Contest Entities from any action or liability resulting from your participation in the Contest and/or any other information included in any Entry. Normal internet access and usage charges imposed by an entrant’s internet service provider may apply and are the entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by the entrant’s phone service provider may apply and are the entrant’s sole responsibility.
11. RULES/NAMES OF WINNERS: A copy of these Official Rules can be found on www.cupcakevineyards.com. For the names of the winners, available for a period of at least 30 days after April 22, 2018, send a self-addressed-stamped envelope to: Cupcake Choose Joy Contest, 5080 Highlands Parkway SE, Smyrna, GA 30082.
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 Contest 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 Contest, 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 Contest 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.
Sponsor: The Wine Group, Livermore, CA
©2018 Cupcake Vineyards, Livermore, CA