Wine Group Cupcake Vineyards – Summer Fun Sweepstakes

THE CUPCAKE VINEYARDS SUMMER FUN SWEEPSTAKES

OFFICIAL 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.

REFERENCES TO ANY THIRD-PARTY ENTITY OR TRADEMARK DO NOT CONSTITUTE OR IMPLY, AND
SHOULD NOT BE CONSTRUED AS, AN ENDORSEMENT OF THIS SWEEPSTAKES OR CUPCAKE VINEYARDS.

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 RULES.

1. SPONSOR: The Cupcake Vineyards Summer Fun Sweepstakes (the “Sweepstakes”) is sponsored and
administered by The Wine Group LLC, 4596 Tesla Road, Livermore, CA 94550 (the “Sponsor”).

2. ELIGIBILITY: Sweepstakes par
ti
cipa
ti
on is open only to legal residents of the States of Alabama,
Arkansas, Arizona, California, Colorado, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Michigan,
Mississippi, Missouri, Montana, Nebraska, New Mexico, Nevada, Ohio, Oregon, South Carolina,
Tennessee, Texas, Virginia, Washington, West Virginia and Wisconsin who are 21 years of age or older at
the
ti
me of entry. The Sweepstakes is void outside the States of Alabama, Arkansas, Arizona, California,
Colorado, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana,
Nebraska, New Mexico, Nevada, Ohio, Oregon, South Carolina, Tennessee, Texas, Virginia, Washington,
West Virginia and Wisconsin or where prohibited or restricted by law. The Sweepstakes is being
conducted as a consumer sweepstakes in accordance with California Business and Professions Code
Sec
ti
ons 17539.15 and 25600.2. All federal, state and local laws and regula
ti
ons apply. The following
individuals are not eligible to par
ti
cipate in the Sweepstakes: employees, contractors, directors and
o
ffi
cers of Sponsor and each of its respec
ti
ve parent, subsidiaries and a
ffi
liated companies, distributors,
wholesalers, retailers, other alcoholic beverage suppliers, and any agencies involved in the
administra
ti
on, development and ful
fi
llment of the Sweepstakes including, but not limited to, web
design, adver
ti
sing, marke
ti
ng, public rela
ti
ons, and prize ful
fi
llment companies, and the immediate
family members (spouse, domes
ti
c partner, parent, child, sibling and spouse or “step” of each) and those
living in the same households of each such individual.

3. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time
(“EST”) on May 23, 2021 and ends at 11:59:59 p.m. EST on September 12, 2021 (the “Entry Period”).

4. HOW TO ENTER: There are two (2) ways to enter.

Via the Sweepstakes Website: Either on a mobile device or a laptop/desktop computer, use your
preferred browser to visit www.cupcakesummerfun.com (the “Website”), and complete the required
fi
elds of the onscreen registra
ti
on form to be entered into the Sweepstakes drawing (the “Entry”). All
Entries become the property of Sponsor. The Website Terms of Use and Privacy Policy apply to your use
of the Website. Please read them carefully.

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 “SUNGLASSES” to 513-855-6476. Follow the prompts to
con
fi
rm your eligibility to par
ti
cipate in the Sweepstakes, and to receive one (1) entry into the random
drawing. Upon tex
ti
ng the word “SUNGLASSES” to 513-855-6476, if you are eligible, you will receive up
to two messages from an automated system per entry a
tt
empt (excluding error messages). To opt out of
receiving texts following sweepstakes entry, text “STOP” to 513-855-6476.

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 condi
ti
ons of your
service agreement with your wireless carrier and are your responsibility to pay. Other charges may apply
(such as normal air
ti
me 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 informa
ti
on on rate plans and charges
rela
ti
ng to your par
ti
cipa
ti
on in this Sweepstakes if you have any ques
ti
ons or concerns. Not all carriers
will par
ti
cipate. Check your Device’s capabili
ti
es for speci
fi
c instruc
ti
ons. Response text messages to you
will be sent from an automated system. Mul
ti
ple entrants are not permi
tt
ed to enter from the same
Device.

Each individual may submit up to one (1) Entry per email address and/or mobile telephone number
during the Entry Period regardless of method of entry. Mass entry a
tt
empts may result in disquali
fi
ca
ti
on
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 par
ti
es, are prohibited. Incomplete entries will be
disquali
fi
ed.

By entering, you represent and warrant that you have fully complied with all aspects of these O
ffi
cial
Rules. By entering, you agree to indemnify and hold harmless the Sweepstakes En
ti
ti
es (as de
fi
ned
below) from any ac
ti
on or liability resul
ti
ng from your par
ti
cipa
ti
on in the Sweepstakes and/or any other
informa
ti
on 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 responsibility.

5. PRIVACY POLICY: Provision of informa
ti
on online is governed by Cupcake Vineyards Privacy Policy,
accessible at h
tt
ps://www.cupcakevineyards.com/privacy-policy/. If you do not agree with the policy, do
not par
ti
cipate in the Sweepstakes or otherwise use the Website.

You are providing your informa
ti
on to Sponsor. All personal informa
ti
on collected by Sponsor will be
used for administra
ti
on of the Sweepstakes. In addi
ti
on, entrant may receive email correspondence
from, or on behalf of Sponsor, subject to Sponsor’s privacy policy. Sponsor uses reasonable commercial
e
ff
orts to comply with Federal CAN-SPAM guidelines, and entrant may subsequently opt-out of receiving
further emails by following the opt-out instruc
ti
ons contained in the email. Please refer to Sponsor’s
privacy policies for important informa
ti
on regarding the collec
ti
on, use and disclosure of personal
informa
ti
on by Sponsor.

6. ODDS OF WINNING: Odds of winning are dependent upon the number of eligible entries received.

7. SWEEPSTAKES GRAND PRIZES: Ten (10) Grand Prizes will be awarded. The prize consists of one (1)
pair of designer sunglasses. The approximate retail value (“ARV”) of the Grand Prize is $300.00. The total
AVR of all Grand Prizes is $3,000.00. The actual value of the Grand Prize depends on market condi
ti
ons
at
ti
me of ful
fi
llment. Any di
ff
erence between ARV and actual value will not be awarded. All prize details
will be determined by Sponsor in its sole discre
ti
on.

8. PRIZE PROVISIONS: Prize is non-transferable, non-refundable, and may not be resold. The Winner is
not en
ti
tled to exchange or transfer prizes or to obtain other subs
ti
tutes, provided, however, Sponsor
reserves the sole right to subs
ti
tute prizes or por
ti
ons thereof of equal or greater value if a Prize listed or
any por
ti
on thereof is unavailable for any reason. The Prizes will be awarded if properly claimed. The
Prize is awarded “as is” and without any warranty, except as required by law.

All taxes on the Prizes are the sole responsibility of the Winner. An Internal Revenue Service form 1099
re
fl
ec
ti
ng the actual value of the Grand Prize will be issued in the Winner’s name if required by law.

9. GRAND PRIZE RANDOM DRAWING: On or about September 17, 2021, One (1) poten
ti
al Grand Prize
winner will be selected in a random drawing from among all eligible entries received during the Entry
Period. Drawing will be conducted by Sponsor. Sponsor’s interpreta
ti
on of these rules and decisions
related to the sweepstakes shall be
fi
nal.

10. WINNER NOTIFICATION: The poten
ti
al winner will be no
ti
fi
ed by email/phone and will be required
to sign and return, via email, an A
ffi
davit of Eligibility and Liability and Publicity release (except where
prohibited by law) (“A
ffi
davit”) within two (2) days of receipt of A
ffi
davit or the prize will be forfeited and
an alternate winner may be chosen,
ti
me permi
tti
ng. The A
ffi
davit will be sent via email from the
Sponsor. The return of prize no
ti
fi
ca
ti
on as undeliverable may result in disquali
fi
ca
ti
on and alternate
selec
ti
on,
ti
me permi
tti
ng. Personally iden
ti
fi
able informa
ti
on, including entry informa
ti
on received, will
be used to verify eligibility and award the prize.

In the event of any dispute concerning the iden
ti
ty of the submi
tt
er of an entry, the Entry will be deemed
submi
tt
ed by the natural person who is the authorized holder of the transmi
tti
ng account. Sponsor and
its agencies are not responsible for no
ti
fi
ca
ti
ons 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.

11. GENERAL RULES/VERIFICATION: By acceptance of the prize, each Winner grants permission to the
Sponsor and its agencies to use his/her name, city, state, photos, and likeness for purposes of
adver
ti
sing, promo
ti
ons, and trade without further compensa
ti
on, except where prohibited by law. By
entering, entrant/winner hereby agrees, releases, discharges, and holds harmless Sponsor and its
parent, subsidiary and a
ffi
liated companies, adver
ti
sing and promo
ti
onal agencies and prize suppliers
and their respec
ti
ve o
ffi
cers, directors, shareholders, owners, employees, agents, a
tt
orneys and
representa
ti
ves (collec
ti
vely, the “Sweepstakes En
ti
ti
es”) from any and all injuries, loss, claims or
damages arising out of an entrant’s par
ti
cipa
ti
on in the Sweepstakes and/or entrant’s and Winner’s
acceptance or use or misuse of a prize. By par
ti
cipa
ti
ng in the Sweepstakes, entrant agrees that the
Sweepstakes En
ti
ti
es will have no liability whatsoever for, and that the entrant shall defend and hold the
Sweepstakes En
ti
ti
es harmless against, any liability for any claims based on publicity rights, defama
ti
on,
or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable,
including, without limita
ti
on, direct, indirect, incidental, consequen
ti
al, or puni
ti
ve damages to persons
or to property arising out of the prizes awarded hereunder. Without limi
ti
ng the foregoing, everything
regarding the Sweepstakes, including the Website/any websites used in connec
ti
on 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 warran
ti
es of merchantability,
fi
tness for a par
ti
cular purpose,
or non-infringement, all of which are expressly disclaimed by the Sweepstakes En
ti
ti
es.

If for any reason the Sweepstakes is not capable of running as planned, including without limita
ti
on
infec
ti
on by computer virus, bugs, tampering, unauthorized interven
ti
on, fraud, technical failure,
epidemic/pandemic, natural disaster, civil commo
ti
on, riot, strike or other causes which corrupt or a
ff
ect
the administra
ti
on, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves
the right at its sole discre
ti
on, to cancel, terminate, modify and/or suspend the Sweepstakes and to
disqualify any individual who tampers with the entry process, violates these O
ffi
cial Rules, or acts in a
disrup
ti
ve manner. In the event the Sweepstakes is cancelled, terminated or suspended for any reason,
Sponsor, at its sole discre
ti
on, reserves the right and may choose to award the Grand Prize from among
all eligible entries received prior to cancella
ti
on. Any a
tt
empt by an entrant to deliberately damage the
Website/any website involved in the Sweepstakes or undermine the legi
ti
mate opera
ti
on of the
Sweepstakes may be a viola
ti
on of criminal and/or civil laws and should such an a
tt
empt be made, the
Sponsor reserves the right to seek all available remedies, including, without limita
ti
on, criminal
prosecu
ti
on, and damages, including, without limita
ti
on, a
tt
orneys’ fees and expenses, from any such
entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission,
interrup
ti
on, dele
ti
on, defect, delay in opera
ti
on or transmission, communica
ti
ons line failure, the
ft
or
destruc
ti
on or unauthorized access to or altera
ti
on of entries; or any problems or technical malfunc
ti
ons
of any telephone network or lines, typographical or other errors, computer online systems, servers or
providers, computer equipment, so
ft
ware, failure of any email sent, any text message sent/received or
electronic entry to be received on account of technical problems or tra
ffi
c conges
ti
on on the internet or
on any website or any combina
ti
on thereof, including, without limita
ti
on, any injury or damage to an
entrant’s or any other person’s computer, tablet or mobile device related to, or resul
ti
ng from,
par
ti
cipa
ti
on in or downloading any materials related to this Sweepstakes. Sponsor is not responsible for
any typographical or other error in the prin
ti
ng of the Sweepstakes materials, administra
ti
on of the
Sweepstakes, or in the announcement of the prize. Sponsor reserves the right, at its sole discre
ti
on, to
disqualify any individual it determines to be tampering with an entry, to be viola
ti
ng these O
ffi
cial Rules,
or to be ac
ti
ng in a disrup
ti
ve manner. In no event will the Sponsor be obligated to award more than the
Grand Prize described herein.

12. RULES/NAME OF WINNER: A copy of these O
ffi
cial Rules can be found on the Website. For the
name of the Winner, available for a period of at least 30 days a
ft
er September 12, 2021, send a self-
addressed-stamped envelope to: The Cupcake Vineyards Summer Fun Sweepstakes, 4596 Tesla Road,
Livermore, California 94550.

13. DISPUTES: To the fullest extent permi
tt
ed by law, Entrant agrees that: (1) Any and all disputes, claims
and causes of ac
ti
on brought by him/her arising out of or connected with this Sweepstakes or the prize
awarded (collec
ti
vely, “Dispute”) shall be resolved individually, without resort to any form of class ac
ti
on;
(2) Entrant shall a
tt
empt, 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 resor
ti
ng to any other
legal remedy, Entrant and Sponsor shall enter into arbitra
ti
on proceedings in San Francisco, California
before one (1) Judicial Arbitra
ti
on and Media
ti
on Services, Inc. (“JAMS”) arbitrator agreed upon by the
par
ti
es. The arbitra
ti
on shall be administered by JAMS pursuant to its Comprehensive Arbitra
ti
on Rules
and Procedures. Judgment on the arbitra
ti
on award may be entered in any court having jurisdic
ti
on.
This clause shall not preclude the par
ti
es from seeking provisional remedies in aid of arbitra
ti
on from a
court of appropriate jurisdic
ti
on; (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 a
tt
orneys’ fees or expenses or other costs related to li
ti
ga
ti
on; (4) Under no
circumstances will Entrant be permi
tt
ed to obtain awards for, and Entrant hereby waives all rights to
claim, indirect, puni
ti
ve, incidental and consequen
ti
al damages and any other damages other than for
actual out-of-pocket expenses, and waives any and all rights to have damages mul
ti
plied or otherwise
increased.

14. CHOICE OF LAW: All issues and ques
ti
ons concerning the construc
ti
on, validity, interpreta
ti
on and
enforceability of these O
ffi
cial Rules, or the rights and obliga
ti
ons of entrant and Sponsor in connec
ti
on
with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of
California, without giving e
ff
ect to any choice of law or con
fl
ict of law rules (whether of the State of
California or any other jurisdic
ti
on) that would cause the applica
ti
on of the laws of any jurisdic
ti
on other
than the State of California.

15. SEVERABILITY: If any provision of these O
ffi
cial Rules becomes or is declared by a court of competent
jurisdic
ti
on to be illegal, unenforceable, invalid or void, por
ti
ons of such provision or such provision in its
en
ti
rety, 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 O
ffi
cial
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 O
ffi
cial Rules shall remain in place and enforceable in accordance with their terms.

16. NO WAIVER: The failure of Sponsor to assert any right hereunder, or to insist upon compliance with
any term or condi
ti
on of these O
ffi
cial Rules shall not cons
ti
tute the waiver of that right or excuse the
subsequent performance or non-performance of any such term or condi
ti
on by entrant or cons
ti
tute a
waiver of Sponsor’s right to enforce these O
ffi
cial Rules.

Sponsor: The Wine Group, Livermore, CA

©2021 The Wine Group, Livermore, CA