The Wine Group – Franz And Fanz Ultimate Tailgate – Win one (1) Traeger Tailgater Grill
THE WINE GROUP FRANZ AND FANZ ULTIMATE TAILGATE SWEEPSTAKES
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.
REFERENCES TO ANY THIRD-PARTY ENTITY OR TRADEMARK DO NOT
CONSTITUTE OR IMPLY, AND SHOULD NOT BE CONSTRUED AS, AN
ENDORSEMENT OF THIS SWEEPSTAKES AND THE WINE GROUP OR FRANZIA
BY PARTICIPATING IN THE SWEEPSTAKES VIA THE METHOD 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
1. SPONSOR: The Wine Group Franz and Fanz Ultimate Tailgate Sweepstakes
(the “Sweepstakes”) is sponsored by The Wine Group LLC, 4596 Tesla Road, Livermore, CA
94550 (the “Sponsor”).
2. ADMINISTRATOR: The Sweepstakes is administered by Avid Marketing Group, 100
Corporate Plaza, Suite 200, Rocky Hills, CT 06037 (the “Administrator”).
3. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the United States
and the District of Columbia who are 21 years of age or older at the time of entry. No purchase
of alcohol or purchase of any kind is necessary to enter or win. A purchase does not increase
your chances of winning. 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, 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
4. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:00:01 a.m. Eastern Time
(“ET”) on January 1, 2023 and ends at 11:59:59 p.m. ET on March 31, 2023 (the “Entry Period”).
5. HOW TO ENTER: Either on a mobile device or a laptop/desktop computer, use your
preferred browser to visit www.franzia.com/franzsweeps (the “Website”), and complete the
required fields of the onscreen registration form to be entered into the Sweepstakes drawing
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.
Each individual may submit up to one (1) Entry during the Entry Period. Mass entry attempts
may result in disqualification of all entries by such person. Entries must be manually key-
stroked by the entrant; use of automated entry devices or programs, or entries by third parties,
are prohibited. Incomplete entries will be disqualified.
By entering, you represent and warrant that you have fully complied with all aspects of these
Official Rules. By entering, you agree to indemnify and hold harmless the Sweepstakes Entities
(as defined below) from any action or liability resulting from your participation in the
Sweepstakes and/or any other information included in any entry. Normal internet access and
usage charges imposed by the entrant’s internet service provider may apply and are the
entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage
charges imposed by the entrant’s phone service provider may apply and are the entrant’s sole
Policy, accessible at https://www.franzia.com/privacy-policy/. If you do not agree with the
policies, do not participate in the Sweepstakes or otherwise use the Website.
You are providing your information to Sponsor. All personal information collected by Sponsor
will be used for administration of the Sweepstakes. In addition, Entrants may receive email
reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Entrants
may subsequently opt-out of receiving further emails by following the opt-out instructions
www.thewinegroup.com/privacy-policy/ for important information regarding the collection, use
and disclosure of personal information by Sponsor.
7. ODDS OF WINNING: Odds of winning are dependent upon the number of eligible entries
8. SWEEPSTAKES PRIZES:
GRAND PRIZE: Five (5) Grand Prizes will be awarded. Each winner will receive one (1)
Traeger Tailgater Grill, one (1) Franzia Merchandise Gift Card and one (1) Visa Gift Card.
Approximate Retail Value of each Grand Prize (“ARV”) is $1,100.00.
FIRST PRIZES: Five (5) First Prizes will be awarded. Each first prize winner will receive
Franzia Merchandise Gift Card. Approximate Retail Value of each First Prize (“ARV”) is
Total approximate retail value of all prizes is $6,500.00.
All prize details will be determined by Sponsor in its sole discretion.
9. PRIZE PROVISIONS: Prizes are non-transferable, non-refundable, and may not be resold.
The Winners are not entitled to exchange or transfer prizes or to obtain other substitutes,
provided, however, Sponsor reserves the sole right to substitute prizes or portions thereof of
equal or greater value if a prize listed or any portion thereof is unavailable for any reason. The
Prizes will be awarded if properly claimed. The Prizes are awarded “as is” and without any
warranty, except as required by law. Any terms and conditions of the gift cards, as determined
by the issuing financial institution, will apply.
All taxes on the Prize value are the sole responsibility of the Winners. An Internal Revenue
Service form 1099 reflecting the actual value of the Grand Prize will be issued in the Winner’s
name if required by law.
10. PRIZE RANDOM DRAWING: On or about April 3, 2023, ten (10) potential prize winners
will be selected in a random drawing from among all eligible entries received during the
promotional period. Drawing will be conducted by Administrator. Sponsor’s interpretation of
these rules and decisions related to the sweepstakes shall be final.
11. WINNER NOTIFICATION: The potential Prize winners 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”) within five (5) days of receipt of
Affidavit or the prize will be forfeited and an alternate winner may be chosen, time permitting.
The Affidavit will be sent via email from the Administrator. The return of prize notification as
undeliverable may result in disqualification and alternate selection, time permitting.
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. Sponsor and its agencies are not responsible for notifications that are misdirected
because contact details as provided by the entrant are no longer correct, or for any other reason
beyond the exclusive control of the Sponsor.
12. GENERAL RULES/VERIFICATION: By acceptance of the prize, the Winners 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, entrant/Winner hereby agrees, releases, discharges, and holds
harmless Sponsor and its 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
participation in the Sweepstakes and/or entrant’s and Winner’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, epidemic/pandemic, natural disaster, civil commotion, riot, strike 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 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 and
expenses, 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, without limitation, any injury or damage to an entrant’s or any other
person’s computer, tablet or mobile device related to, or resulting from, participation in or
downloading any materials related to 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 an 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 the Prize described herein.
13. RULES/NAME OF WINNER: A copy of these Official Rules can be found on the Website.
For the name of the Winners, available for a period of at least 30 days after April 3, 2023, send a
hand-printed, self-addressed, stamped envelope to Job # Sweepstakes Name c/o Avid
Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008. All requests for the winner list
must be received by May 1, 2023.
14. 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
15. 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.
16. 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.
17. 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.
©2023 The Wine Group, Livermore, CA