No purchase necessary to enter or win “The Winemaker Fantasy” Contest sponsored by NakedWines.com, Kenwood CA. Must be 21 to enter. Open to legal residents of the fifty (50) United States and Washington D.C., except AL, HI, IN, ME, MD, MI, MN, MS, MT, NC, PA, SD, VT, VA, WV, and WY, and other countries where wine is produced, except Quebec, Canada, who are qualified winemakers and English-speakers. Void where prohibited by law. Certain restrictions apply
Visit http://news.nakedwines.com/2016/04/02/winemaker-fantasy-rules/ FOR COMPLETE OFFICIAL RULES AND ENTRY INSTRUCTIONS. Contest begins at 10:00 AM EST on May 11, 2016 and ends at 12:00 PM EST on June 1, 2016. Odds of winning depend on number of entries received. Approximate ARV of all prizes: USD$300,000. ONLINE ENTRY ONLY.
THE WINEMAKER FANTASY CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY/ ASSIGNMENT AGREEMENT IS REQUIRED.
DESCRIPTION, ELIGIBILITY AND SPONSOR: “THE WINEMAKER FANTASY” CONTEST is an opportunity for you to submit a video describing why you should win USD$20,000 and an opportunity to sign a contract to get up to USD$80,000 to make a wine with NakedWines.com, Kenwood CA (the “Sponsor”), as further described in these Official Rules, in a contest sponsored by Sponsor (the “Contest”). The Contest begins at 10:00 AM EST on May 11, 2016 and ends at 12:00 PM EST on June 1, 2016 (the “Contest Period”).
ELIGIBILITY: The Contest is open to legal residents of the fifty (50) United States and Washington D.C., except AL, HI, IN, ME, MD, MI, MN, MS, MT, NC, PA, SD, VT, VA, WV, and WY, and of other countries where wine is produced, except Quebec, Canada, who are at least 21 years of age or older and qualified winemakers as of the start of the Contest Period. Entrants must be English-speaking individuals, resident in countries and local jurisdictions that permit contests and do not require the translation of rules into a language other than English. No purchase is required to enter or win the Contest. Limit one (1) prize per Entrant. The Contest is void wherever restricted or prohibited by law. Employees and officers of Sponsor, its parents and subsidiaries, advertising and promotion agencies and all other persons or entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of the Contest, and their immediate families (spouse, parent, child, sibling and their respective spouses) and persons living in the same household are ineligible to participate in the Contest. Alcoholic beverage industry members and their employees and family members are subject to legal restrictions on their participation in the Contest. The Contest is subject to all applicable national, federal, state, and local laws and regulations.
THE WINEMAKER FANTASY CONTEST SUBMISSION REQUIREMENTS:
The Video included in your Contest Submission:
- Must be a video recording;
- Must be completely original, e., entirely of your own design and creation, without the added artistic expression of, or collaboration with, anyone other than the Entrant, and without being copied from any pre-existing materials or designs of anyone other than the Entrant;
- Must not contain any music subject to any copyright law;
- Must not comprise or include any intellectual property, including trademarks, trade dress, or copyrights, that is owned by any person or entity other than Entrant or Sponsor;
- Must not contain material that either violates or infringes another’s rights, including, but not limited to, rights of privacy, publicity or intellectual property, or that otherwise constitutes copyright or trademark infringement;
- May not depict children or items especially appealing to children;
- Must not contain material that, in Sponsor’s sole discretion, is sexually explicit or suggestive, inappropriate, indecent, offensive, obscene, profane, hateful, tortuous, derogatory, defamatory, or vulgar, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Must not have previously received any award or formal public recognition;
- Must not advertise or promote any product of any kind (except for Sponsor’s products), or contain any personal identification, including, but not limited to, license plate numbers, personal names, e-mail addresses or street addresses, nor the likeness of any identifiable person other than Entrant (unless the Entrant has a release or other legal right to use the likeness);
- Must not contain material that is unlawful, in violation of, or contrary to, the laws or regulations in any state or country where a Contest Submission is created;
- Must not promote underage drinking, drugs, tobacco or firearms;
- Must not disparage the Sponsor, or any other person or party affiliated with the Contest; and
- Must not communicate messages inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate.
Sponsor reserves the right to disqualify any Contest Submission that does not comply with the submission requirements listed above, or that is otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules or the Terms and Conditions of Use of the Website. Any communication or information transmitted to the Sponsor, and/or the Website by mail, e-mail, or otherwise, is and will be treated as non-confidential and nonproprietary.
Once submitted, an Entry is final and may not be altered or edited. Sponsor reserves the right to waive any of the requirements set forth herein in its sole and absolute discretion. Entrants are advised to retain copies of their Entries for their records because no Entry will be acknowledged or returned. Entries must be received during the Contest Period, the beginning and ending of which shall be determined according to Sponsor’s internal time clock. Proof of submitting any Entry is not considered proof of delivery to or receipt of such Entry by Sponsor. Furthermore, the Contest Entities shall have no liability for any Entry that is lost, intercepted, or not received by the Sponsor and/or Administrator.
JUDGING OF CONTEST SUBMISSIONS: On or about June 2, 2016, a panel of judges chosen by Sponsor whose qualifications may include experience in winemaking, advertising, marketing, or other creative or artistic fields (“Selection Panel”) will judge all eligible Contest Submissions based on the following criteria (“Judging Criteria”): (1) the public appeal of the proposition – 34 points possible; the potential addition of diversity to Sponsor’s range of wines – 33 points possible; the winemaking background of the Entrant and the presentation of the Entrant in the Video – 33 points possible. Points will be awarded by each judge in his or her sole discretion based on an application of the criteria to the Contest Submissions. An investment of time or money by an Entrant does not necessarily equate to a high score from the Selection Panel. The total points awarded to each Entrant by the Selection Panel will be the Entrant’s “Selection Panel Score.” The six (6) Entrants with the highest Selection Panel Scores will be deemed potential finalists, subject to verification (“Finalists”), and their Contest Submissions will advance to the final round (as described below). In the event that fewer than six (6) eligible Contest Submissions are received during the Contest Period, all eligible Contest Submissions will advance to the final round. In the event of a tie in judging, the tie-breaker will be based upon the highest score in the first judging criterion set forth above, continuing thereafter to each judging criterion in the order set forth above, as needed, to break the tie. In the event that a tie in judging still remains, a new judge, selected by the Sponsor in its sole and absolute discretion, will judge the tied entries based on the Judging Criteria set forth above.
FINALIST MEMBER VOTING: The potential Finalists will each be contacted by e-mail on or around June 2, 2016 (“Notification”) and must respond as directed, within forty-eight (48) hours, or as specified by Sponsor. Each potential Finalist must complete an affidavit of eligibility and liability/ publicity release (“Release”) within the time and in the manner specified to move on to the Finalist Judging Phase and be eligible for a prize. Failure to return a completed Release along with any other documents required to be executed by Sponsor hereunder, will result in disqualification and forfeiture of any prize. Any misrepresentation of the Entrant’s Contest Submission will also result in disqualification and forfeiture of any prize. Alternate Finalists may be selected among the remaining Contest Submissions with the next highest Selection Panel Score, in Sponsor’s sole and absolute discretion. Any such Alternate Finalist will be required to respond (as directed) within forty-eight (48) hours and to comply with all the requirements of this section.
On or about June 2, 2016, eligible Finalists’ Contest Submissions will be placed onto the Website for voting by members of Sponsor’s Angels community who are members as of June 2, 2016 (“Members”). Members will have an opportunity to participate by reviewing the Contest Submissions and casting one (1) vote for their favorite. The Member voting phase will occur from June 2, 2016 at 12:00 p.m. ET, until 12:00 a.m. July 5, 2016, which shall be determined according to Sponsor’s internal time clock (“Member Voting Period”). If more than one (1) vote is received from the same person and/or email address during the Member Voting Period, all votes from said person or email address will be disregarded. Sponsor reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Any attempt by any Entrant/ Finalist and/or his or her respective family or friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole and absolute discretion, shall give the Sponsor the right to disqualify the Entrant/ Finalist in Sponsor’s sole and absolute discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Entrant/ Finalist for whom the improper votes were received.
At the end of the Member Voting Period, the Sponsor will tally the Member votes cast for each Finalist’s Contest Submission. The two (2) Finalists with the most Angel votes (the “Angel Finalists”) and the one (1) Finalist with the most non-Angel votes after the Angel Prize finalists (the “Prize Finalists”) will be the potential winners of the Contest. The three (3) Prize Finalists will be contacted by e-mail on or around July 8, 2016 (“Prize Notification”) and will be required to respond (as directed). A Prize Finalist’s failure to respond timely to the Prize Notification will result in forfeiture of the Prize, and in such case, the Finalist who submitted the Contest Submission with the next highest combined Selection Panel Score and Angel votes may be named as the alternate Prize Finalist (“Alternate Prize Finalist”), in Sponsor’s sole and absolute discretion. Any Alternate Prize Finalist will be required to respond (as directed) within forty-eight (48) hours.
CONTEST PRIZES: The three (3) Prize Finalists will each win twenty thousand US dollars (USD$20,000). They will also have the opportunity to enter into a contract with Sponsor for the production, promotion and marketing of a wine. The Prize Finalists will each receive a draft contract from Sponsor for the production, promotion and marketing of a wine (a “Contract”). Each Contract will include provision for all reasonable, actual preapproved expenses of production, promotion and marketing of a wine for Sponsor, up to eighty thousand US dollars (USD$80,000), including a reasonable per bottle fee to be paid to the Prize Finalist to reimburse the Prize Finalist’s time and efforts. The Prize Finalists will each have sixty (60) days from receipt of a Contract to agree to its terms before it becomes null and void.
Approximate retail value (“ARV”) of all Prizes: USD$300,000.
The Contest Prizes do not contain alcoholic beverages. Income taxes may apply and are the sole responsibility of the Prize Finalists, regardless of whether the prize is used in part or in whole. Any and all expenses not specifically stated as being included are excluded, and are the responsibility of the Prize Finalists. No assignment, transfer, cash redemption, or substitution of the Contest Prizes is permitted, but Sponsor reserves the right to substitute a prize for one of comparable or greater value to the Prize Finalist, including a cash prize. If no Prize Finalists can be certified by October 31, 2016, then no prizes will be awarded.
LICENSE: BY SUBMITTING A CONTEST SUBMISSION, ENTRANT ACKNOWLEDGES THAT HIS OR HER PERSONAL INFORMATION AND CONTEST SUBMISSION MAY BE POSTED ON THE SPONSOR’S WEBSITES AND SPONSOR’S PAGES/ APPLICATIONS ON SOCIAL MEDIA CHANNELS, INCLUDING SPONSOR’S YOUTUBE® CHANNEL, AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, IN SPONSOR’S DISCRETION. By submitting an Entry/ Contest Submission, Entrant hereby grants Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, adapt, modify, transmit, distribute, create derivative works from and display Entrant’s Contest Submission, in any and all media, in whatever form or manner (including without limitation the exclusive, irrevocable, unlimited, sub-licensable right and license to photograph, film, publish, or broadcast, the Contest Submission), in whole or in part, and for any legal purpose whatsoever, now known or that may become known in the future, without consideration to the Entrant in the Contest Submission in any way, during or after the conclusion of the Contest. Entrant represents and warrants that he or she has not entered into any prior agreements that would limit his or her ability to grant the rights described herein, nor has Entrant granted to any third party any of the rights described herein. Entrant further represents that he or she has the unfettered right and authority to grant these rights and make these representations. Sponsor is not responsible for any unauthorized third party use of any Contest Submission, nor shall Sponsor, or any party acting on its behalf, be responsible for any claims, losses, damages, costs, penalties, fees or other liabilities which may be incurred by any party in connection with Sponsor’s use of the Contest Submission as permitted hereunder.
ASSIGNMENT OF RIGHTS / PUBLICITY RELEASE: In return for being eligible to receive a prize (regardless of whether such prize is actually awarded or accepted), and for no other consideration whatsoever, all Prize Finalists (and Alternate Finalists, as applicable) will, and hereby do, irrevocably assign to Sponsor all rights, title, and interests they have in their Contest Submissions and all likenesses and photographs thereof, including the right to sue for past infringement. By virtue of this assignment, Finalists (and Alternate Finalists, as applicable) understand and agree that they have no ownership or other rights in their Contest Submissions, and that Sponsor may use their Contest Submissions for any purpose whatsoever, including without limitation, commercial (including sales of the Contest Submissions, or derivatives, photographs, or replicas thereof), advertising (including point-of-sale materials), and promotional purposes as well as on or in connection with the Website, the Contest or other promotions, and hereby releases the Sponsor and Administrator from any liability with respect thereto, except where prohibited by law. Further, Prize Finalists (and Alternate Finalists, as applicable) hereby grant Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license to use his or her name, city and state, photograph, testimonial, likeness and/or biographical information in connection with the Contest Submissions for no other consideration whatsoever.
REPRESENTATIONS AND WARRANTIES: A Contest Submission must be the original work of the Entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entrant warrants and represents that his or her Contest Submission: (1) is an original work of Entrant and does not contain material or artistic expression owned by anyone other than Entrant or Sponsor; (2) does not contain or use trademarks, trade dress, logos or copyrights owned by anyone other than Entrant or Sponsor; and (3) does not use the name or likeness of any persons other than Entrant. By submitting an Entry, Entrant warrants and represents that he or she consents to the submission, use and exhibition of the Contest Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website located at https://us.nakedwines.com/terms.htm. Entrant further warrants and represents that he or she holds no interest in any alcoholic beverage license of any kind issued by any state or governmental agency and is not employed in any capacity by a business holding such a license.
DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
NATURE OF RELATIONSHIP/ WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that submission of an Entry is gratuitous and made without restriction and the relationship between the Entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide an Entry to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of an Entry, except as provided herein. Each Entrant further acknowledges that Sponsor is free to disclose the ideas contained in the Entry/Contest Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant as provided for by these Official Rules and that by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Entrant. Each Entrant acknowledges and agrees that the Sponsor does not now have, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to his or her Contest Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of the Contest, including without limitation, the Sponsor’s use of any Contest Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief.
GENERAL LIABILITY RELEASE: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole and absolute discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Contest prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. The Sponsor and its affiliates, together with the respective directors, officers, employees, licensees, attorneys and agents of each, including without limitation, their respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Released Parties”) assume no responsibility 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. The Sponsor and the other Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any discontinuance of the promotion mandated by a third party service provider, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen Contest Submissions or notifications. Entrants further agree that the Released Parties shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Contest, or any Contest-related activity. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY RELEASE: As a condition of entering, Entrants agree (and agree to confirm in writing): (a) to release Sponsor, and each of its affiliates, parent corporations, subsidiaries, retailers, sales representatives, distributors and advertising and promotional agencies, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or use of the Contest Submission as specified herein; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, any punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
CHOICE OF LAW: By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of laws principles. By participating in the Contest, Entrants consent to the sole jurisdiction and venue of the federal, state and local courts located in San Francisco, California.
FORCE MAJEURE: In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including, but not limited to, fire, tsunami, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or any tampering or interference by an individual or entity causing disruption to the operation of the Contest or Website, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the end of the Contest Period due to a Force Majeure event, Sponsor will (if possible) select the Prize Finalists from all eligible, non-suspect Contest Submissions received as of the date of the Force Majeure event giving rise to the termination, but Sponsor reserves the right to terminate the Contest without awarding prizes.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
INDEMNIFICATION: Entrant agrees to indemnify and hold harmless Sponsor against any and all claims, actions or proceedings of any kind brought by any person or entity, from any and all damages, liabilities, costs, and expenses, including attorney’s fees, relating to or arising out of any breach or alleged breach of any of Entrant’s obligations, warranties or representations hereunder or any violation by Entrant of the Official Rules and Content Restrictions agreed to herein, as well as for any negligence or willful misconduct on the part of Entrant. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor expressly reserves the right to disqualify any Entrant who holds any interest in an alcoholic beverage license of any kind issued by any state or federal governmental agency, or who is employed in any capacity by a business holding such a license, where such interest or employment renders the Entrant ineligible to participate under applicable law. If any portion of an Entry is deemed disqualified, the entire Entry will be disqualified. Sponsor may in its sole discretion disqualify Entries for which intellectual property claims, including those under the Digital Millennium Copyright Act (“DMCA”) are received and remove any such Entry or component thereof from the Website. For information on where to direct DMCA inquiries, please refer to Sponsor’s Copyright Policy listed in its Terms and Conditions located at https://us.nakedwines.com/terms.htm.
WINNERS LIST / OFFICIAL RULES: To obtain a copy of the winners list for The Winemaker Fantasy Contest, send a self-addressed stamped envelope to 222 Gateway Road Napa, CA 94558 All such requests must be received no later than August 31, 2016. These Official Rules and the names of the Prize Finalists will be posted on the Website.
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