“DEUTSCH FAMILY WINE & SPIRITS YELLOW TAIL GATE SWEEPSTAKES”
SPONSORED BY DEUTSCH FAMILY WINE & SPIRITS
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. MUST BE 21 OR OLDER TO ENTER OR WIN A PRIZE. NO ALCOHOLIC BEVERAGES ARE INCLUDED IN THE PRIZES.
1. Entry Period: The “Deutsch Family Wine & Spirits Yellow Tail Gate Sweepstakes” (“Sweepstakes”) commences at 12:00 AM ET on January 4, 2018 and ends at 11:59 PM ET on February 9, 2018 (“Sweepstakes Period”). The Sponsor’s time clock will be the official time keeping device for this Sweepstakes. All entries must be received by 11:59 PM ET on February 9, 2018. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
2. Eligibility: The Sweepstakes is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who are at least 21 years of age at time of entry. Employees, including Sales Associates, agents, directors of Deutsch Family Wine & Spirits (“Sponsor”), and The Marketing Arm Inc. (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (“Sweepstakes Entities”), as well as any other entity licensed to produce or sell liquor, and their employees and immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes.
By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; (e ) acknowledge that Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram and Twitter; and (f) agree to indemnify and hold harmless Sweepstakes Entities, Instagram and Twitter from and against any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities, Instagram and Twitter. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation in Sweepstakes or the receipt or acceptance, redemption, possession, use or misuse of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. To Enter: There are three (3) methods of entry. Entries will NOT be judged.
To Enter via Instagram: In order to enter via this method, entrants must have a mobile
To Enter Via Email: In order to enter via this method, entrants must: (i) send an email to yellowtailYTGsweeps@themarketingarm.com , that includes “Yellow Tail Gate Sweepstakes” as the subject line and includes their full name, phone number, home address, date of birth and email address in the body of the email to receive one (1) entry into Sweepstakes. Each entry must be emailed separately. By sending this email, entrant agrees to the Official Rules.
There is a limit of one (1) entry per person per each day of the Sweepstakes Period regardless of method of entry. Each entry must be a unique entry not previously entered into the Sweepstakes. There is a limit of one (1) Prize per person. A “day” is defined as the twenty-four (24) hours between 12:00 AM and 11:59 PM on the same day. If it is suspected that an entrant submits more than one (1) entry per day, only one (1) entry will be considered for that day. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the Instagram, Twitter or e-mail account, as applicable, used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her Instagram, Twitter or email account during the Sweepstakes Period. The “authorized account subscriber” for Instagram and Twitter is defined as the natural person who is assigned an email address associated with the applicable account and the “authorized account subscriber” for email entries is defined as the natural person who is assigned an e-mail 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 e-mail address. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All email entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entry will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.
4. Entry Guidelines for Instagram and Twitter Entries: Entries must be the original work of entrant, must have been created specifically for Sweepstakes, and must not have been previously published, released commercially or won any awards. Any elements appearing in an entry, including, without limitation, photographs, art of any other materials, excluding the image of the Yellow Tail Guy must be entrant’s own original work, created by entrant, or be in the public domain.
Entries must not feature the name, likeness or other personally identifiable information of any person other than entrant or Sponsor’s trademarked properties. Personally, identifiable information includes, but is not limited to name, image, likeness, license plates, phone numbers and personal addresses. Entries must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, unauthorized commercial products or services, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions or data, that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, entries must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Any content, text or otherwise, included as part of the entry must be in the English language.
If your entry includes video elements, any elements appearing in a video, including, without limitation, music, photographs, art or any other materials, must be your own original work, created and performed by you, or be in the public domain. Further, if synchronizing music with your video elements, you must only use original or royalty free music or music that is in the public domain.
By entering the Sweepstakes, each entrant represents and warrants that: (i) the entry is the original work of the entrant, that he/she has all rights to the entry, that the entry was created specifically for Sweepstakes, that the entry, in whole or in part, has not been released commercially, been previously published or won any awards; (ii) the entry does not and will not violate any law, statute, ordinance or regulation; (iii) the entry is free and clear of any and all liens or claims with respect to the use of the entry in the manner authorized in these Official Rules; (iv) the entry does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the entry is not and will not be defamatory, disparaging libelous, pornographic or obscene.
Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Entry Guidelines for Instagram and Twitter Entries specified herein or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate.
Content posted by entrants is not edited by Sponsor and the views/opinions of the entrant do not reflect the views of the Sponsor in any manner.
Entrants acknowledge and agree that Sponsor may receive many entries in connection with this Sweepstakes and that some entries may be very similar in content, idea, theme, or in other respects to other entries received or submitted. Entrant waives any and all claims entrant may have had, may have and/or may have in the future, that any entry in this Sweepstakes is similar to his/her entry, or that any compensation is due to entrant in connection with such entry.
5. Use of Instagram and Twitter Entries: Select entries may be featured from time to time during the Sweepstakes Period and thereafter in Sponsor’s social media pages and channels, in Sponsor’s sole discretion. If entrant’s entry is selected, Sponsor and/or Administrator will send a message to entrant via public comment on Instagram or Twitter, as applicable, with a request for entrant’s agreement to and compliance with these Official Rules. In order for entrant’s entry to be featured, entrant must agree to the Official Rules as directed within twenty-four (24) hours of issuance of initial comment. Entrant’s entry being selected as a featured entry is not related to being determined to be a Sweepstakes Winner and the prize awarding process. Sponsor is not obligated to use, publish or display or broadcast any entry.
Entrants agree that Sweepstakes Entities are not responsible for any unauthorized use of entries by any third parties.
All entrants, whether a Winner or not, agree that in exchange for their participation in Sweepstakes, they grant, and have the full right to grant, Sponsor and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize entry; and (ii) the assignable, sublicenseable, perpetual, non-exclusive, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements and aural elements, and or otherwise exploit, the entry, and/or any portions or excerpts thereof, including without limitation, using entrant’s name, image, likeness, performance, voice, and any other attributes of entrant, individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation to, or review or approval by, entrant or any third party.
Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of entry and their right to use entry as specified in these Official Rules. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of entry.
6. Odds: The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period.
Grand Prize: The one (1) Grand Prize Winner will receive a trip for the Grand Prize Winner and one (1) guest of Grand Prize Winner (“Guest”), to Sydney, Australia (“Destination”), on or about June 2018, but subject to change in Sponsor’s sole discretion. The trip will include: (i) round trip coach class air transportation for Grand Prize Winner and Guest which shall originate from an airport of Sponsor’s choice near Grand Prize Winner’s primary residence to Destination, with an approximate retail value (“ARV”) of $3,550; (ii) round trip ground transportation for Grand Prize Winner and Guest, to be taken together, between Destination airport and hotel, with an ARV of $350; (iii) four (4) nights hotel accommodations in Destination for Grand Prize Winner and Guest, which will be one (1) standard room based on double occupancy (meals, telephone calls, tips, gratuities, and other incidentals and costs are not included), with an ARV of $1,300; (iv) $2,000 issued in the form of a check in Grand Prize Winner’s name to be used for food, beverage and incidentals, with an ARV of $2,000, and (v) $ 2,160 issued in the form of a check in Grand Prize Winner’s name which may be used by the Grand Prize Winner to offset his or her income taxes (or a portion of his or her income taxes) incurred when accepting the Grand Prize (Should the Grand Prize Winner’s income taxes be higher than the $2,160, Sponsor and Administrator are not responsible for the difference between actual income taxes incurred), (collectively the “Grand Prize”). The total ARV of the Grand Prize is $9,360. Grand Prize Winner and Guest must be at least 21 years of age at time of entry and Prize fulfillment. Grand Prize Winner and Guest must travel on the same itinerary.
First Place Prizes: Each of the three (3) First Place Winners will receive one (1) $250 pre-paid gift card (subject to the terms and conditions of the gift card), with an ARV of $250 for each Winner, the (“First Place Prize”).
The Grand Prize and the First Place Prize will hereinafter collectively be referred to as (“Prize” or “Prizes”). The total ARV of all of the Prizes is $10,110. The ARVs are subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination. Any difference between the ARVs and the actual values, if any, will not be awarded. If a Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner may be selected from among the remaining Eligible Entries received. Alcoholic beverages are not part of any prize.
8. Publicity Release: By participating in Sweepstakes, each Winner grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
9. Winner Selection and Notification: There will be one (1) Grand Prize Winner and three (3) First Place Winners selected in a random drawing from among all of the Eligible Entries on or about February 16, 2018. The potential Winners will be notified as follows: (i) via comment on Instagram if they entered the Sweepstakes via the Instagram method of entry, in which case potential Winner will be required to confirm his/her name, address, age and phone number within twenty-four (24) hours from when comment is sent, following which Administrator will attempt to contact the potential Winner via the telephone number provided; (ii) via direct message on Twitter if they entered the Sweepstakes via the Twitter method of entry, in which case potential Winner will be required to confirm his/her name, address, age and phone number within twenty-four (24) hours from when direct message is sent following which Administrator will attempt to contact the potential Winner via the telephone number provided; or (iii) via the telephone number provided at time of entry if potential Winner entered the Sweepstakes via the email method of entry. By entering the Sweepstakes, the entrant hereby grants permission to be contacted via telephone. No messages will be left on answering machines or voicemail systems. If a potential Winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, cannot be reached directly and/or does not meet the eligibility requirements, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Entries received.
10. Winner Verification: To be eligible to be declared a Winner and to receive the Prize, the potential Winners may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification and must sign and return to Sponsor and/or Administrator, within three (3) days of issuance of such documentation from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities, Instagram and Twitter from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, grants Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. In addition, the Grand Prize Winner must complete and sign a valid IRS Form W9. If a potential Winner does not sign this release, and when applicable the IRS Form W9, and return it within the time frame specified, the potential Winner may be disqualified and the Prize forfeited. When such documentation is properly executed and providing potential Winners are otherwise in compliance with the Official Rules, potential Winners will each be determined to be a Sweepstakes winner (“Winner” and collectively “Winners”).
Guest participating in Grand Prize with Grand Prize Winner will also be required to sign a Liability/Publicity Release that must be returned along with the potential Grand Prize Winner’s documentation as provided in these Official Rules within three (3) days of issuance.
Winners and Guest must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion. If a potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Sponsor will have no further obligation to the potential Winner. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.
By participating in Sweepstakes, Winners and Guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners and Guest will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners or Guest deem appropriate.
11. Prize Terms: The dates for fulfillment of the Prizes will be on or about May or June 2018, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner or a Guest. Sweepstakes Entities shall have no responsibility or obligation to a Winner or a Guest who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes, including, without limitation; passports or other travel documentation, transportation (unless specified as being included), meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, and any equipment to be used in connection with the Prizes, are solely Winner’s responsibility. The Grand Prize Winner may be required to provide a credit card to the hotel to cover any incidental costs incurred. PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online, television, print advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes, including all travel arrangements, will be made by Administrator and/or Sponsor.
Sponsor will determine in its sole discretion the airline and hotel to be provided as part of the Grand Prize. All travel dates are subject to change in Sponsor’s sole discretion. If Grand Prize Winner or a Guest is not available or able to travel on the dates specified by Sponsor, Grand Prize Winner and Guest’s privileges will be terminated and an alternative Grand Prize Winner will be selected in a random manner from the remaining Eligible Entries if time permits. Travel and hotel stay are subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier(s) and hotel(s) of Sponsor’s choice. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any element of the Grand Prize or associated with the Grand Prize. Grand Prize Winner and Guest must possess valid travel documents in order to travel. Lodging and air transportation cannot be used separately. If Grand Prize Winner chooses not to have one (1) Guest accompany him/her on the trip, Grand Prize Winner will not receive any compensation or substitute prize in connection therewith. Use of Grand Prize is conditioned upon Winner and Guest conducting themselves at all times in a socially responsible, respectful and appropriate manner; should Winner and/or Guest fail to do so, Grand Prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the Winner and/or Guest, as applicable.
12. Taxes: All Winners with Prize values of $600 or over must supply Sponsor and/or Administrator with their social security number. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is $600 or over. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
13. General Terms: Sweepstakes Entities, Instagram and Twitter are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on http://www.yellowtailsweepstakes.com/Yellow-Tail-Guy-Sweepstakes.html if time permits and the Prizes will be awarded to Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event, or in any manner that is fair and equitable as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY WITHOUT ANY RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT OF CONNECTICUTOR THE APPROPRIATE CONNECTICUT STATE COURT; (II) ANY AND ALL CLAIMS, JUDGMENTS AN D AWARDS SHALL BE LIMITED TO ACUAL OUT-OF-POCKET COSTS INCURRED, INCLUDNG COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ OR LEGAL FEES; AND (III) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INDICENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY INTERPRETATION AND ENFORCEABILITY OF THES EOFFICIAL RULES, OR THE RIGHTS AND OLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF CONNECTICUT, U.S.A WITHOUT GIVING EFFECT TO AN Y CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CONNECTICUT, U.S.A OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THANTHE STATE OF CONNECTICUT, U.S.A.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by April 9, 2018. Vermont residents may omit return postage if requesting a set of Official Rules. For the name of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: “Deutsch Family Wine & Spirits Yellow Tail Gate Sweepstakes”, #140 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” or “Official Rules” on the lower left hand corner of the envelope.
15. Sponsored by: This Sweepstakes is sponsored by Deutsch Family Wine & Spirits, 201 Tresser Blvd., Suite 500, Stamford, CT 06901-3435.
16. Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram and Twitter.
NO PURCHASE NECESSARY TO ENTER OR WIN
The Deutsch Family Wine & Spirits Yellow Tail Gate Sweepstakes is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who are at least 21 years of age at time of entry.
Sweepstakes commences at 12:00 AM ET on January 4, 2018 and ends at 11:59 PM ET on February 9, 2018
Subject to Official Rules at http://www.yellowtailsweepstakes.com/Yellow-Tail-Guy-Sweepstakes.html. For alternate method of entry and prize descriptions see Official Rules. Msg & Data rates may apply. Odds of winning depend on number of eligible entries received. Total ARV of Prizes is $10,110.
Sponsor: Deutsch Family Wine & Spirits, 201 Tresser Blvd., Suite 500, Stamford, CT 06901-3435.
VOID OUTSIDE OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW
NO PURCHASE NECESSARY. Open to US residents 21 or older. Message and data rates may apply. Sweepstakes begins January 4, 2018 and ends February 9, 2018. Subject to rules found at http://www.yellowtailsweepstakes.com/Yellow-Tail-Guy-Sweepstakes.html. Void where prohibited. Deutsch Family Wine & Spirits, Stamford, CT.
Online Ad (other than banner or other very small space):
NO PURCHASE NECESSARY. Open to U.S. residents 21 or older. Msg & Data rates may apply. Sweepstakes begins January 4, 2018 and ends February 9, 2018. Sweepstakes subject to Official Rules at http://www.yellowtailsweepstakes.com/Yellow-Tail-Guy-Sweepstakes.html. Void where prohibited. Deutsch Family Wine & Spirits, Stamford, CT.
NO PURCHASE NECESSARY. Ends February 9, 2018. Msg & Data rates may apply. For rules go to http://www.yellowtailsweepstakes.com/Yellow-Tail-Guy-Sweepstakes.html. Void where prohibited. Deutsch Family Wine& & Spirits, Stamford, CT.
Twitter: (As part of tweet mentioning sweepstakes):
NO PURCHASE NECESSARY. Rules and details at: http://www.yellowtailsweepstakes.com/Yellow-Tail-Guy-Sweepstakes.html . Deutsch Family Wine & Spirit, Stamford, CT. (Do not need to include Sponsor name if on Sponsor’s Twitter account)
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