Cupcake Vineyards – Coachella – Win which consists of a 5-day/4-night trip for winner and one (1) guest to Indio California to attend the second weekend of the Coachella Valley Music and Arts Festival (“Festival”).
CUPCAKE® VINEYARDS COACHELLA SWEEPSTAKESOFFICIAL RULES
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF THE PRIZE.
BY PARTICIPATING IN THE SWEEPSTAKES VIA ONE OR MORE OF THE METHODS DESCRIBED HEREIN, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO, AND COMPLY WITH, THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE SWEEPSTAKES WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
REFERENCES TO ANY THIRD-PARTY ENTITY ARE NOT MEANT TO IMPLY AN ENDORSEMENT OF THIS SWEEPSTAKES, CUPCAKE VINEYARDS WINES OR CUPCAKE VINEYARDS.
SPONSOR/ADMINISTRATOR: The Cupcake Vineyards Coachella Sweepstakes (the “Sweepstakes”) is sponsored by The Wine Group LLC dba: Cupcake Vineyards, 4596 Tesla Road Livermore, CA 94550 (the “Sponsor”). The Sweepstakes is administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (the “Administrator”).
ELIGIBILITY: Sweepstakes participation is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older at the time of entry. Void where prohibited or restricted by law. The Sweepstakes is being conducted as a consumer sweepstakes in accordance with California Business and Professions Code Sections 17539.15 and 25600.2. All federal, state and local laws and regulations apply. The following individuals are not eligible to participate in the Sweepstakes: employees, contractors, directors and officers of Sponsor and each of its respective parent, subsidiaries and affiliated companies, distributors, wholesalers, retailers, other alcoholic beverage suppliers, and any agencies involved in the administration, development and fulfillment of the Sweepstakes including, but not limited to, MKTG, Administrator, web design, advertising, marketing, public relations, and prize fulfillment companies, and the immediate family members (spouse, domestic partner, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins 7:00 a.m. Pacific Time (“PT”) on January 25, 2019 and ends 5:00 p.m. PT on March 28, 2019 (the “Entry Period”).
SWEEPSTAKES ENTRY METHODS: There are two ways to enter the Sweepstakes:
Text Messaging Entry: During the Entry Period, using your cellular phone or a two-way text-messaging capable device (each a “Device”), text the word “Coachella” to 31996. Follow the prompts to confirm your eligibility to participate in the Sweepstakes, and to receive one (1) entry into the random drawing. Upon texting to 31996, if you are eligible, you will receive up to two (2) messages from an automated system per entry attempt (excluding error messages). To opt out of receiving texts following sweepstakes entry, text “STOP” to 31996.NOTE ABOUT ENTERING SWEEPSTAKES VIA A DEVICE: When you use a Device and/or transmit data via a Device, standard data/text messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier and are your responsibility to pay. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance and are your responsibility to pay. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes if you have any questions or concerns. Not all carriers will participate. Check your Device’s capabilities for specific instructions. Response text messages to you will be sent from an automated system. Multiple entrants are not permitted to enter from the same Device.
SWEEPSTAKES GRAND PRIZE/ODDS OF WINNING: One (1) Grand Prize will be awarded which consists of a 5-day/4-night trip for winner and one (1) guest to Indio, California to attend the second weekend of the Coachella Valley Music and Arts Festival (“Festival”). Trip includes round-trip economy class air transportation from a major airport near winner’s home city to a major airport near Palm Springs, California, four-night hotel accommodations (based on double occupancy and availability), round-trip ground transportation from the airport near Palm Springs to hotel, two 3-day Any Line, Anytime shuttle passes to the Festival and two (2) 3-day general admission tickets to weekend two of the Festival from April 19, 2019, through April 21, 2019. The maximum Approximate Retail Value (“ARV”) of Grand Prize is US $6,410. Actual ARV depends on winner’s location and dates of travel. Any difference in the stated ARV and actual value will not be awarded. In the event Grand Prize winner lives within one-hundred eighty (180) miles of Indio, CA, round-trip ground transportation may be provided (in Sponsor’s sole discretion) in lieu of air transportation and no additional compensation will be provided.If the prize is not redeemed, the prize is void. Sponsor will determine airline, airport, flight itinerary, and hotel in its sole discretion. If Grand Prize winner is unable to travel on the dates specified above or if unable to participate in any prize related activity on dates specified by Sponsor, the prize will be forfeited and no additional compensation will be provided. Airline carrier’s, hotel’s, Festival’s, and ground transportation providers’ regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. The Grand Prize winner and his/her guest must travel together on the same itinerary and at the same time. The Grand Prize winner and Grand Prize winner’s guest (who must be 21 years of age or older) will be required to execute an Affidavit of Eligibility and Release of Liability/Publicity prior to ticketing. The Grand Prize winner and his/her guest must possess valid travel documents (i.e., valid government-issued photo ID) in order to travel. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, insurance, telephone charges, meals, transportation to and from departure airport, room service and laundry services, personal expenses, gratuities, entertainment, transfers, incidental charges, or any other items not specifically described in these Official Rules, any transportation not mentioned within such prize descriptions and all expenses for any of the foregoing are the sole responsibility of the Grand Prize winner. No transfer, substitution or cash equivalent for the prize will be permitted, except at the sole discretion of the Sponsor in the event of prize unavailability and then an alternate prize/prize component of approximately equal monetary value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided or due. In the event the Festival is cancelled for any reason, then that portion of prize will be forfeited and no additional compensation for that portion of prize will be provided. No alcoholic beverages are included in the prize. In the event Grand Prize winner or his/her guest consume alcoholic beverages (not provided by Sponsor) while attending the Festival, they do so at their own discretion and agree to hold the Sweepstakes Entities harmless from any subsequent damages or claims arising out of or related to such consumption.Winner is responsible for any and all federal, state and local taxes or assessments and Grand Prize winner will receive an IRS Form 1099 from Sponsor or Administrator for the calendar year in which the prize is awarded for the actual value of the prize awarded. Odds of winning are dependent upon the number of eligible entries received during the Entry Period.
GRAND PRIZE RANDOM DRAWING: One (1) Grand Prize winner will be selected in a random drawing, on or about March 29, 2019, from among all eligible entries received during the Entry Period. Drawing will be conducted by Administrator, an organization working on behalf of Sponsor. Sponsor’s interpretation of these rules and decisions shall be final.
WINNER NOTIFICATION: The potential Grand Prize winner will be notified by email/phone and will be required to sign and return, via email, an Affidavit of Eligibility and Liability and Publicity release (except where prohibited by law) (“Affidavit”), as well as email a copy of his/her government issued photo ID that displays his/her date of birth within three (3) days of receipt of Affidavit or prize will be forfeited and an alternate winner may be chosen, time permitting. Affidavit will be sent via email from the Administrator. Return of prize notification as undeliverable may result in disqualification and alternate selection, time permitting. The guest of the Grand Prize winner must be 21 years of age or older and must also sign a Release of Liability as well as email a copy of his/her government issued photo ID that displays his/her date of birth before prize is awarded.Personally identifiable information, including entry information received, will be used to verify eligibility and award the prize.In the event of any dispute concerning the identity of any entrant of an entry, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting account (based on email/phone number). Sponsor and its agencies are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the exclusive control of the Sponsor.
GENERAL RULES: By acceptance of the prize, Grand Prize winner and guest grant permission to the Sponsor and its agencies to use his/her name, city, state, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, entrants/winner/guest hereby agree, and by traveling and attending the Festival, Grand Prize winner and guest release, discharge and hold harmless Sponsor, Administrator, MKTG, their parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the “Sweepstakes Entities”) from any and all injuries, loss, claims or damages arising out of an entrant’s and winner’s/guest’s participation in the Sweepstakes and/or entrant’s and winner’s/guest’s acceptance or use or misuse of prize. By participating in the Sweepstakes, entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that entrant shall defend and hold the Sweepstakes Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the prize awarded hereunder. Without limiting the foregoing, everything regarding the Sweepstakes, including the Website/any websites used in connection therewith and the prize awarded hereunder, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by the Sweepstakes Entities.If for any reason the Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive manner. In the event the Sweepstakes is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Grand Prize from among all eligible entries received prior to cancellation. Any attempt by an entrant to deliberately damage the Website/any website involved in the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including without limitation criminal prosecution, and damages, including without limitation attorneys’ fees, from any such entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of the prize. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry, to be violating these Official Rules or to be acting in a disruptive manner. In no event will the Sponsor be obligated to award more than one (1) Grand Prize. Use of automated entry devices or programs is prohibited.
RULES/NAME OF WINNER: A copy of these official rules can be found on the Website. For the name of the winner, available for a period of at least 30 days, after April 12, 2019, send a self-addressed-stamped envelope, to: Coachella National Sweepstakes Winner, 100 Marcus Drive (Dept. MG), Melville, NY 11747.
ELECTRONIC ENTRIES: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete or postage–due mail-in entries, or for on-line entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error that may occur in the processing of entries in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: To the fullest extent permitted by law, entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the prize awarded (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, entrant and Sponsor shall enter into arbitration proceedings in San Francisco, California before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees or expenses or other costs related to litigation; (4) Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
SEVERABILITY: If any provision of these Official Rules becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from these rules and such court (or, if such court refuses to do so, the Sponsor) will replace such illegal, void or unenforceable provision of these Official Rules with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Official Rules shall remain in place and enforceable in accordance with their terms.
NO WAIVER: The failure of Sponsor to assert any right hereunder, or to insist upon compliance with any term or condition of these Official Rules shall not constitute the waiver of that right or excuse the subsequent performance or non-performance of any such term or condition by entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules.
© 2019 Cupcake Vineyards, Livermore, CA