NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (U.S.), AND WHEREVER PROHIBITED OR RESTRICTED BY LAW, INCLUDING PUERTO RICO (PR) AND ALL U.S. TERRITORIES AND POSSESSIONS. NO ALCOHOLIC BEVERAGES ARE INCLUDED IN THE PRIZE(S).
1. ELIGIBILITY: Open to legal and physical residents of the fifty (50) United States and the District of Columbia who are twenty-one (21) years of age or older at time of entry, and who are also registered users of www.twitter.com and/or www.instagram.com. Void where prohibited or restricted by law. Employees (including Sales Associates) of Deutsch Family Wine & Spirits (“Sponsor”), The Marketing Arm Inc. (“Administrator”) and each of their respective parents, affiliates, subsidiaries, participating advertising and promotion agencies, prize suppliers (collectively referred to herein after as “Sweepstakes Parties”) and members of their immediate family (spouse, and parent, child, sibling and their respective spouses, regardless of where they reside), and/or those living in the same household of each such employee are not eligible. This sweepstakes is subject to all applicable federal, state and local laws.
2. SPONSOR:The Sponsor of the Sweepstakes is Deutsch Family Wine & Spirits, 201 Tresser Blvd., Suite 500, Stamford, CT 06901-3435.
3. ADMINISTRATOR: The Administrator of the Sweepstakes is The Marketing Arm Inc., 1999 Bryan St., Suite 1800 Dallas, TX, U.S.A. 75201.
4. HOW TO ENTER: There are three (3) methods of daily entry, outlined below in 4a to 4c. Limit: One (1) Sweepstakes entry per day, regardless of method of entry. All methods of entry require Internet connection. Starting January 16, 2017 at 12:00 a.m. ET, through February 10, 2017 at 11:59 p.m. ET (the “Submission Period”), entrants may enter the Sweepstakes via Twitter and/or Instagram. Entries will NOT be judged.
Only fully completed email entries are eligible. All AMOE entries must be received by the applicable dates listed in the Submission Period in Section 4. All AMOE Entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. No mass entries permitted. Multiple entrants are not permitted to share the same email address.
5. LIMITATIONS ON ENTRY: Limit: One (1) Sweepstakes entry per day, regardless of method of entry. An entrant’s Twitter OR Instagram post is considered one (1) entry (“Entry” or “Entries”) into the Sweepstakes. Limit to one (1) Entry per Twitter OR one (1) Entry per Instagram account, per day for a total of up to twenty- six (26) possible entries throughout the Submission Period. A day is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. and ending at 11:59:59 p.m. Entries for the Sweepstakes must be received by 11:59 p.m. ET on February 10, 2017 in order to be eligible. Each Entry submitted must be a unique Entry not previously submitted to the Sweepstakes, for a total of one (1) entry per person, per day. All fully completed Entries submitted in compliance with these Official Rules and not disqualified are considered (“Eligible Entries”) as applicable. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes. Sponsor’s computer is the official time keeping device for the Sweepstakes. Incomplete and/or inaccurate Entries are void. Once submitted, all Entries become the exclusive property of Sponsor and will not be acknowledged nor returned.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to the ownership of any Entry, the authorized account holder of the email address associated with the Twitter and/or Instagram account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor will moderate the Twitter and Instagram photostream and remove or request removal of any Entries it deems inappropriate.
Entrants’ Tweets and/or Instagram posts must not include or depict any of the following: obscenity, inappropriate language, nudity, explicit sexual activity, illegal drug or alcohol use, violence, third party commercial products, unauthorized copyrighted or trademarked properties, including brand names and logos (other than Sponsor’s trademarked properties), private property, unless entrant has obtained a property release specific for uses specified herein, material that is hateful, tortuous, defamatory, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity 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, personal identifiable information, including but not limited to, license plates, phone numbers, personal addresses, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion.
By entering the Sweepstakes, each entrant represents and warrants that: (a) that entrant has obtained all rights, consents, and permissions, including, but not limited to, those of any persons that may have participated in Tweet or Instagram post, necessary to grant the rights granted herein; other than those owned by Sponsor, which participant has a limited license to use for this Sweepstakes; (b) that the Tweet or Instagram post was created specifically for Sweepstakes; (c) that the Tweet or Instagram post, in whole or in part, has not been released commercially; (d) the Tweet or Instagram post does not and will not violate any law, statute, ordinance or regulation; (e) the Tweet or Instagram post is free and clear of any and all liens or claims with respect to the use of the Tweet or Instagram post in the manner authorized herein, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (f) the Tweet or Instagram post is not and will not be defamatory, libelous, pornographic or obscene.
All entrants, whether a winner or not, agree that in consideration for being considered to enter this Sweepstakes, they are granting Sweepstakes Parties, (a) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other material, add to and/or customize Tweet and/or Instagram post; and (b) the non-exclusive, irrevocable, royalty free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, broadcast, rebroadcast, transmit, record, publicly perform, create derivatives works of, distribute and synchronize in timed relation to visual elements, and or otherwise exploit, the Tweets or Instagram posts, and/or any portions or excerpts thereof, 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 or additional payment of any kind to entrant or any third party. Select Tweets and/or Instagram posts deemed suitable by Sponsor, in its sole discretion, may be liked, re-tweeted and/or re- grammed throughout the Submission Period. Entrants agree that Sponsor may use, ask or post the Tweet or Instagram post, in whole or in part. Sponsor is not obligated to use, publish, display or broadcast any Tweet or Instagram post. Tweet and Instagram post materials become the sole and exclusive property of Sponsor. Receipt of Tweets or Instagram posts will not be acknowledged.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Tweet or Instagram post that may be similar in idea or concept to what is included in entrant’s Tweet or Instagram post. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
6. WINNER SELECTION AND ODDS One (1) Grand Prize Winner and Five (5) First Prize Winners will be selected in a random drawing to be held on or about February 14, 2017, from among all eligible entries received by an independent judging organization whose decisions shall be final. Odds of winning depend on the number of Eligible Entries received in total during the Submission Period.
7. WINNER REQUIREMENTS AND NOTIFICATION: Potential winners will be notified via Twitter Direct Message or Instagram Direct and will be required to confirm his/her email address for paperwork delivery and/or prize delivery. If a potential winner does not confirm his/her email address within three (3) calendar days of initial contact, the prize will be forfeited and an alternate potential winner(s) will be selected from among Eligible Entries. The potential winners may be required to provide a photocopy of their driver’s license or other acceptable government issued identification to verify age, sign and return an Affidavit of Eligibility and Liability Release, and where legal, a Publicity Release; as well as an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification) each of which, if issued, must be completed, signed and returned within five (5) days, or the prize may be forfeited and awarded to an alternate potential winner(s). Return of any prize/prize notification as undeliverable or lack of response by a potential winner(s) noncompliance with these Official Rules may result in disqualification and selection of an alternate potential winner(s). Sponsor may, at its option, conduct a background check on each potential winner. Sponsor reserves the right to disqualify any potential winner from receiving any prize based on such background check if Sponsor so determines.
8. PRIZES, PRIZE CONDITIONS AND APPROXIMATE RETAIL VALUES (“ARV”):
One (1) Grand Prize: Grand Prize winner and one (1) guest will receive a five (5) day, four (4) night trip for two (2) to Sydney, Australia (the “Destination City”) and on dates to be determined by Sponsor in its sole discretion. Travel guest of winner must be at least 21 years of age or older. Trip includes: round-trip coach airfare for two (2) to and from Destination City and major airport closest to winner as determined in Sponsor’s sole discretion; a five-day, four-night hotel stay in a standard room (one (1) room, double occupancy); round-trip ground transfers between hotel and the Destination City airport; $2,000.00 spending money issued in the form of a check and in the name of the winner to be used for food, beverage and incidentals. Selection of airline, airport, flight itinerary, transfer provider, and hotel and hotel room are within the sole discretion of Sponsor. As part of the Grand Prize, Sponsor will provide the winner $2,160.00 issued in the form of a check and in the name of the winner which may be used to offset his or her income taxes (or a portion of his or her income taxes) incurred when accepting this Grand Prize. Should the Grand Prize winner’s income taxes be higher than $2,160.00, Sponsor is not responsible for the difference between actual income taxes incurred and the check amount. Approximate retail value (“ARV”) of Grand Prize is $9,360.00.
Five (5) First Prizes: First Prize winners will each receive one (1) TV, issued in the form of a gift card. The ARV of one (1) First Prize is $750.00. Total ARV of all First Prizes is $3,750.00. The total ARV of all of the Prizes is $13,110.00. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. All federal, state and local taxes (including any income and withholding taxes) are the responsibility of the winner. Any expenses not specifically mentioned herein as part of the prizes are the sole responsibility of the winner(s), including but not limited to, transportation to and from winner’s home to airport of origin, incidental charges, meals, gratuities and any spending money beyond what is given to the winner whose prize includes spending money. Hotel accommodations are subject to availability. Winner and travel companion must travel on same itinerary and on dates specified by Sponsor and the travel must be booked through Sponsor’s agent. Travel must be completed by December 31, 2017. If winner is unable to travel on dates specified by Sponsor, winner may forfeit the prize and Sponsor may select an alternate winner by random drawing from all remaining Eligible Entries. Sponsor is not responsible for any weather or airline issues that prevent winner and guest from traveling on specified dates, in which event any missed portion of the prize is forfeited in its entirety and no substitution will be provided. Travel companions must be twenty (21) years of age or older at time of travel and must sign a liability/publicity release prior to travel. Winner and travel companion must possess and show valid travel documents (including without limitation a government issued photo I.D., passport and/or a visa, if applicable) by the deadline specified by Sponsor or winner may forfeit the prize. Grand Prize winner must affirm that s/he and his/her travel companions are able to arrive at the designated departure airport on time to depart for trip or winner may forfeit prize. Once travel arrangements have been made, no changes will be permitted. All tickets are subject to certain terms and conditions as specified therein. Grand Prize winner and travel companion must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of prize. Gift card terms and conditions apply. Prizes are awarded “as is” with no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes or any prize). No transfer, assignment or substitution of prize by winners. Sponsor reserves the right to substitute prize (or a portion thereof) for an item of comparable or greater value, at its sole discretion. All prize details are at Sponsor’s sole discretion. Sponsor is not responsible if Sweepstakes cannot take place or if any prize (or a portion thereof) cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sweepstakes Parties resulting from user's participation in, or attempt to participate in, the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prize or these Official Rules. By participating in the Sweepstakes, the entrant thereby releases Sweepstakes Parties and Twitter and Instagram from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Sweepstakes. By accepting a prize, recipient agrees that Sweepstakes Parties and Twitter and Instagram and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, including death, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes; from acceptance, possession, misuse or use of a prize or offer; from participation in any prize-related activity or any travel related thereto which may be sustained in connection with the receipt, ownership or use of the prize or offer.
10. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s personal name, Twitter or Instagram user name, likeness, photograph, voice, opinions and/or hometown and state or province for promotional purposes in any media, worldwide, without further payment or consideration.
11. GENERAL CONDITIONS AND TECHNOLOGY: To the extent of any conflict between these Official Rules and the Twitter and Instagram Statement of Rights and Responsibilities, these Official Rules will apply. This Sweepstakes is in no way sponsored, endorsed or administered by or associated with, Twitter or Instagram. By entering, each entrant agrees to comply with and be bound to these Official Rules, which are final and binding in all aspects. Unclaimed prizes may not be awarded. Sweepstakes Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages or emails or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes or website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate website’s terms of service, as solely determined by the Sponsor, will be disqualified. Sweepstakes Parties are not responsible for any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like methods of entry will void all such entries, and may subject that entrant to disqualification. Sweepstakes Parties are not responsible for injury or damage to entrant's or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of the Sweepstakes be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper entry of this Sweepstakes, or submission of entries, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Sweepstakes, and randomly select the winner from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Should Sponsor terminate Sweepstakes, notice will be posted on Twitter by @ yellowtailguy and on Instagram by @ yellowtailwineusa as of date of termination. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent of the law. Additional restrictions may apply.
12. DISPUTES: Except where prohibited, entrant agrees that: (1) 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 resort to any form of class action, and exclusively by the United States District Court of Connecticut or the appropriate Connecticut State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ or legal fees; and (3) 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 any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Connecticut, U.S.A. without giving effect to any 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 than the State of Connecticut, U.S.A.
13. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
15. WINNERS LIST: For a list of winners, send a separate self-addressed, stamped envelope to: The Marketing Arm c/o Deutsch Family Wine & Spirits Sweepstakes, 1999 Bryan St., Ste 1800, Dallas, TX USA 75201. All requests must be received by April 30, 2017.
©2017 W.J.Deutsch & Sons, Ltd
PLEASE DRINK RESPONSIBLY