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BV Was There - Official Rules

 

NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. NO ALCOHOLIC BEVERAGES AWARDED AS PART OF ANY PRIZE. 

 

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 21 YEARS OLD AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  

The BV Georges de Latour Cabernet sweepstakes (“Sweepstakes”) is sponsored by Treasury Wine Estates Americas Company (“Sponsor”), 555 Gateway Drive, Napa, CA 94558 and is administered by Sponsor. 

  1. SWEEPSTAKES PERIOD: The Sweepstakes begins at ___ AM Pacific Time (“PST”) on __, 2022 and ends at __ pm PM PST on __, 2022 (“Sweepstakes Period”). Sponsor computer is the Sweepstakes official clock. 
     
  2. ELIGIBILITY: The Sweepstakes is offered only to legal residents of the 50 United States and the District of Columbia who are at least 21 years of age at the time of entry (“Entrant”). Employees, officers, directors, representatives, and agents of Sponsor and its parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”), and each of their immediate family members (e.g., spouse, parent, sibling, child, and their respective spouses and the “steps” of each, all lineal descendants, including those by adoption, regardless of where they reside) and persons living in the same household of each, whether or not related, state alcoholic beverage manufacturers, distributors, and retailers and the employees and immediate family members (as defined above) of manufacturers, distributors and retailers, employees of state or local alcohol beverage agencies are not eligible to enter or win.  

    Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein. If an Entrant participates via a mobile device, message and data rates may apply. Not all cellular phone providers carry the service necessary to participate in this Sweepstakes through a mobile device. If entering using a mobile device, please check your mobile device’s capabilities for specific web enabled browsing instructions and pricing plans. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned.  
     
  3. HOW TO ENTER THE SWEEPSTAKES: Option 1: Go to ________ to submit a photo of a treasured BV memory (“Photo Entry”).  Option 2: Sponsor will post content on Facebook and Instagram regarding the Sweepstakes.  To enter, reply to the post regarding the Sweepstakes with a post of a photo of a treasured BV memory (“Photo Entry”) and tag your post with #BVwasthere.    

    By submitting or posting a Photo Entry, entrants represent that all individuals pictured are age 21 or older and have consented to the post. Photos containing inappropriate content will not be considered for entry. By uploading a photo and tagging BV, you consent to Sponsor re-posting the content (post, photo, comments, etc.) on the brand’s story or feed.
     
  4. HOW TO WIN: On ____, 2022, Sponsor will select one potential Sweepstakes winner from all eligible entries received during the Sweepstakes Period.  The winner is deemed to be a potential winner, pending verification of the Entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor, in its sole and absolute discretion.  To obtain a list of winners, please send an email to ______
     
  5. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
     
    • Prize: A private tasting experience with Winemaker Trevor Durling.
       
      • Option A: Attend private tasting experience in person at BV Winery with up to three guests (max party size of 4).  Winner’s guests must be 21 years of age or older. If the winner elects in-person tasting, no additional compensation or travel accommodations will be awarded to the winner. Tasting must take place on dates agreed upon by Sponsor.
         
      • Option B: Attend virtual tasting experience and receive a gift card of $400, redeemable towards any items on bvwines.com. 
         
    • For both prize options: Winner will also receive two gift cards.  Gift Card #1: $450 Gift Card redeemable on any items on bvwines.com (shipping included). Gift Card #2: $150 Gift Card redeemable on any items on bvwines.com (shipping included) to send a gift to a friend.  Total approximate retail value of Prize: $__.  Any difference between the estimated ARV and the actual value of the prize will not be awarded.  The right to receive the Prize is non-assignable and non-transferable and no Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsor’s sole and absolute discretion. 
       
    • Odds of Winning: The odds of winning the Prize depend upon the number of eligible entries received during the Sweepstakes Period.  
       
    • General: Limit one (1) Prize per person/household. In no event will more one (1) Prize be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. 
       
  6. PHOTO ENTRY:  By uploading a photo, entrant verifies a) that they have obtained permissions from any individual(s) in the photo; b) that the individual(s) pictured are aged 21 years or older; c) that the photo is free, clear, and theirs to release and for the possible inclusion in future marketing materials; d) that Sponsor, in Sponsor’s sole discretion, may edit, adapt, alter and/or modify an entry, in whole or in part, without any restrictions as to change; and e) that entrant is irrevocably assigning and transferring to Sponsor any and all rights, title and interest in and to the entry, including without limitation, all copyrights and any other protectable rights, and entrant agrees that the entry will automatically become the property of Sponsor, without any compensation to entrant.   

    Photo Entries must not contain, show, mention, refer or allude to any inappropriate use of BV; must not include the name, trademark, logo of any manufacturer, business, brand, product, company, or character not owned by Sponsor; must not contain copyrighted materials owned by others including sculptures, paintings and the like; must not be sexually explicit, nor may it contain disparaging or inappropriate words, symbols, political or religious references or statements, nor communicate messages or images inconsistent with the goodwill to which Sponsor wishes to be associated with, as determined by Sponsor in its sole discretion. 
     
  7. LIMITATION OF LIABILITY: By participating in this sweepstakes, Entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, programming, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.    

    By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes -related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant. 

    If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify, or suspend the Sweepstakes and/or proceed with the Sweepstakes including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. If for any reason, including but not limited to an administrative, printing, production, computer, typographical, mechanical, or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, more winners stated on any Sweepstakes related materials, or more Prizes are claimed than are intended to be awarded according to these Official Rules, the intended Prizes will be awarded in a random drawing from among all verified Prize claims received.  

    Without limiting the foregoing, everything regarding this Sweepstakes, including the Prize, is 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.  
     
  8. DISPUTES: Any dispute, claim or controversy arising out of or relating to this promotion, shall be resolved by arbitration in San Francisco, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its comprehensive arbitration rules (“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. Participants agree that the rights and obligations of any participant 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 year of the time the cause of action occurred, or the cause of action shall be forever barred. 
     
  9. PRIVACY POLICY:  Any personally identifiable information collected during a participant’s participation in the Promotion will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents, and marketers for the sole purposes of the proper administration and fulfillment of the Sweepstakes as described in these Terms and Conditions, in accordance with Sponsor's Privacy Policy as stated at: https://www.tweglobal.com/privacy.   
     
  10. PUBLICITY RIGHTS: By participating in the Sweepstakes  and/or accepting the Prize, each Entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law. 
     
  11. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor reserves the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address or social media handle, as applicable, submitted with such entry. "Authorized account holder" is defined as the natural person who is (1) assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or (2) assigned to an account by a social media platform. Each Entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail. 

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