Gray
Whale Gin Ocean Love Photo Contest
OFFICIAL
RULES
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING CONTEST IS VALID ONLY IN THE (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), EXCLUDING
RESIDENTS OF THE FOLLOWING STATES: AL,
HI, ME, MD, MN, ND, PA, SD, WV AND WY. CONTEST IS OPEN ONLY TO QUALIFIED PERSONS (AS
DEFINED IN THE RULES BELOW). VOID
ELSEWHERE AND WHEREVER PROHIBITED. BY
PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES
AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR.
DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT AGREE TO THESE OFFICIAL
RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Contest Name: Gray Whale Gin Ocean
Love Photo Contest (the “Contest”).
Contest
Dates: Contest
registration begins at 12:00:01 am Eastern Time (“ET”) on 5/1/2022 and ends at 11:59:59 pm ET on 9/5/2022 (the “Registration Period”). The Contest
is subject to all applicable federal, state and local
laws and regulations. Void in AL, HI,
ME, MD, MN, ND, PA, SD, WV, WY, outside the fifty (50) U.S. and D.C., and wherever prohibited or restricted by law.
Donation: Sponsor will
donate one dollar ($1) to Oceana, Inc. (“Charity”) for each time a consumer
takes the following cost-free action during the Registration Period:
(a) Submitting a valid entry to the Contest.
The maximum donation to Charity is fifty thousand dollars ($50,000). No
purchase is required.
Who may Enter: Contest is open only to legal residents of
the (50) U.S. and D.C., excluding residents of AL, HI, ME, MD, MN, ND, PA, SD,
WV and WY, who are age 21 or older as of date of entry, and have a valid U.S.
driver’s license or government issued photo ID, except the following persons
who are not eligible to enter, participate or win:
(a)
Employees,
officers, and directors of Deutsch Family Wine & Spirits (“Sponsor”), Million Dollar Media (the “Contest
Administrator”), and each of the foregoing’s respective franchisees, owners,
employees, contractors, parents, affiliated companies, subsidiaries,
distributors, retailers, printers, advertising and promotion agencies, any and
all other companies associated with the design or execution of this promotion,
or any employees, officers, directors, members, shareholders or agents of any
alcohol-beverage retailers, distributors, wholesalers or manufacturers (collectively,
“Released Parties”), and the members of the immediate families or households,
whether or not related, of any of the above. “Immediate family members”
includes, for purposes of this promotion, parents (including in-laws),
grandparents, siblings (including step-siblings), children (including
step-children), grandchildren (including step grandchildren) and each of their
respective spouses, regardless of where they reside.
How to
Enter – Five (5) Ways: There are five (5) ways
to enter the Photo Contest: (1) via Facebook, (2) via Instagram, (3) via
Twitter, (4) via online entry, or (5) via mail-in entry. These five (5) entry
methods are outlined in detail below. There
is a maximum of one (1) entry per person per day, regardless of method of entry,
and each entry requires a unique photo or video that has not been previously
entered into the Contest.
Note:
each entry must contain an original photograph or video (“Photo”)
created by the entrant (and not previously submitted by any other entrant)
that shows the entrant’s Love for the Ocean with Gray Whale Gin – including Gray
Whale Gin product, packaging, logo, store display, advertising, merchandise or
photographic image (no purchase necessary
– Gray Whale Gin product purchase is not required, and will not increase your
chances of winning).
All
entries must be submitted or received (if by mail) by 11:59:59p ET on 9/5/2022
to be eligible.
Maximum of one entry per person per day regardless of entry
method, and each entry requires a unique photo or video submission not
previously submitted in the Contest. Each participant must submit an
entry on his/her own behalf. Any entry
submitted on behalf of another individual or using another person’s name, email
address, Facebook, Instagram or Twitter account photo or video, or providing
any false email addresses or information, will be disqualified and ineligible
to claim any prize. Any attempt by any
participant to obtain more than the stated number of entries allowed by using
same, multiple/different emails, identities, or any other methods void that
participant's entries and that participant may be
disqualified. No
mechanically produced or automated entries permitted. Use of
any automated system to participate is prohibited and will result in disqualification
and all such entries will be deemed void.
False and/or deceptive entries or acts, including misrepresentation of
age, shall render such entries ineligible.
All
Entries in the Contest become the sole property of Sponsor and will not be
returned. Each Entrant agrees that their
submitted Entry may be viewed by the public.
Sponsor reserves the right to disqualify and remove any Entry at any
time that is not in compliance with these Official Rules or for any reason. All Entries and Photo Submissions must
conform to the submission requirements as outlined above and below, or it may
be disqualified and not considered for the Contest. Sponsor’s determination of
eligibility, in its sole discretion, shall be final.
Any other individuals included in the Photo
submission, must be 21 or older and must provide Entrant with express consent
and permission for their images to be included and submitted in the Contest,
and such Entrant is solely responsible for obtaining all authorizations or
approvals. The individual who submitted
the Photo shall be designated as the official Entrant participating in the Contest,
regardless of any other individuals included in the Photo, and shall be the
only individual eligible for any resulting prize award (see below). Any Entry completed and submitted on behalf
of another individual or using another person’s name, email address, Facebook, Instagram
or Twitter account, or use of any unauthorized photo or video submissions or
entries will be disqualified.
All entries must include all required information. Any entry with incorrect, incomplete
or illegible information, an invalid email address or other inaccurate or
fraudulent information will be disqualified.
Released
Parties are not responsible for lost, late, misdirected, incorrect, illegible,
incomplete, invalid, unintelligible, or damaged entries, or for entries
submitted in a manner that is not expressly allowed under these Official Rules,
or for any entry not submitted or received due to any technical error or
failure, human error, delay or failure in mail delivery, insufficient postage,
unauthorized human intervention, inaccurate capture or mis-entry of any
required information, failures, omissions, interruptions, deletions, or defects
of any phone or cellular phone provider, network computer online systems,
computer equipment, servers, or software, including any injury or damage to
contestant’s or any other person’s computer relating to or resulting from
participation in this Contest; or the failure to capture any such information
or effects of hackers or failure of any electronic equipment, computer, phone
line or cellular transmissions and/or network connections; all of which will be
disqualified.
In
the event of a dispute as to any entry, registration or submission, the
authorized account holder of the email address used to register, or the Facebook,
Instagram or Twitter account used to register, and associated with the entry
will be deemed to be the registrant and s/he must be eligible according to
these Official Rules. The “authorized email 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. The “authorized account holder” is the Facebook,
Instagram or Twitter account holder of the account name used to submit the entry. Proof of being the authorized account holder
may be required.
By participating and
submitting an entry, contestant agrees that Sponsor and participating parties
are authorized to contact entrant via email, mail, phone, Facebook, Instagram
or Twitter message or any other form of media to make contestant aware of
information pertinent to the Contest, and to distribute information regarding
the Sponsor(s) featured products, special events or promotional offers. Contestants may opt-out of any further email
communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions. Any available opt-in opportunities are not required
to enter the Contest, and checking the opt-in boxes
will not improve your chances of winning.
By
registering and submitting an entry, you affirm that you have read and accepted
these Official Rules. Any information
collected by registering and entering the Contest shall be used only in a
manner consistent with these Official Rules and with Administrator’s Privacy
Policy. By entering the Contest, each contestant agrees that s/he may be
contacted, recorded and/or broadcasted by Sponsor, and that his/her comment,
post, photo and/or video submission may be used, promoted, released, broadcasted or published by Sponsor in any manner related to
the promotion or advertising of the Contest.
General Photo Submission
Requirements:
(a)
Each
entry and/or photo/video must be submitted in a format as accepted by Facebook,
Instagram, Twitter or the registration website (including but not limited to: gif,
jpg or png, maximum file size: 10MB, photo must be no
larger than 5000 pixels wide x 1080 pixels tall, padding will be added to photo
if it is smaller than 1080 pixels wide by 1080 pixels tall);
(b)
Must
be the Entrant’s own original creation, and not previously submitted in the Contest;
(c)
Any
entry that is not properly submitted or received for any reason, including any
technical difficulties, upload failures; failures to save or properly store the
entry, photo and/or video; busy signals, efforts of hackers; or any lost or
disconnected internet connections, will be disqualified.
Additional Photo/Video Submission
Requirements: Sponsor reserves the
right in its sole discretion, to disqualify any Entry and/or photo/video
submission for any reason that it considers to not be appropriate for the Contest. Entry and/or photo/video restrictions
include, but are not limited to, the following requirements:
·
may
not depict an image of any individual under the age of 21, or that appears to
be under the age of 25;
·
not
be, or ever have been, submitted in any competition or Contest of any kind;
·
not
use any name, likeness, photograph, video, or any other identifying element, in
whole or in part, of any person, living or dead, without permission;
·
not
be subject to any third party agreement or require
payment or incurrence of any sums to obtain further permissions of any person
or entity as a result of its use or exploitation of the idea or rights therein
or portions, or modified versions or derivative works thereof;
·
except
as relates to the sponsoring brands or approved partners, not include
trademarks, logos, or copyrighted material not owned by Entrant or material
that is used without permission (including but not limited to company names,
photographs, videos, works of art, or images published on any media) or that
otherwise infringes or violates the rights of any third party (including but
not limited to, copyrights, trademarks, patents, trade secrets, logos, contract
and licensing rights, rights of publicity or privacy, moral rights (i.e.,
“droit morale”), or any other intellectual property rights);
·
not
feature, refer to, or mention any companies or brands other than Sponsor’s brands;
·
not
include any unauthorized photos, videos, or plagiarism of any kind;
·
not
contain nudity, inappropriate, indecent, sexually explicit, pornographic, or
obscene content or images (which shall be determined by Sponsor, in its sole
and absolute discretion);
·
not
contain any political or politically themed or motivated messages, statements,
or images;
·
not contain children or items especially
appealing to children;
·
not promote excessive or underage drinking,
drugs, tobacco or firearms;
·
not
defame, slander, libel, misrepresent, or contain disparaging remarks or any
other content that could adversely affect the name, reputation, or goodwill of
Sponsor or any other individuals and/or entities affiliated or associated with
Sponsor, the Contest, or any prizes, the determination of which shall remain in
the sole discretion of Sponsor;
·
not
depict or include images that may be considered unlawful, harmful, threatening,
violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive
of another’s privacy, hateful, or racially, religiously, ethnically or
otherwise objectionable in any manner as solely determined by Sponsor;
·
not
depict over consumption or irresponsible consumption of Gray Whale Gin.
Sponsor reserves the right, in its sole
discretion, to disqualify any Entry for any reason.
Representation and Release of Rights to Contest Entry
and/or Submission:
By submitting any entry, each entrant represents that s/he has sole and
exclusive ownership and proprietary rights of all content submitted; has full
permission of all parties within any photo or video to publish and release
their images and actions shown within the photo or video; and agrees that each
entry and/or submission (including but not limited to any photographs
submitted) becomes the sole and exclusive property of Sponsor, and Sponsor may
publish, display, promote or utilize the submission, content and/or photo or
video in any manner of its choosing in relation to the promotion or advertising
of the Contest or Sponsor. Entry into the Contest and upload of any entry,
comment and/or photo or video constitutes permission for the Sponsor and its
designees to use that entrant’s entry, comment, photo, video, name, city and state of residence and/or likeness for purposes of
advertising and trade in any and all media now or hereafter known worldwide in
perpetuity without limitation or further compensation, notification or
permission, unless prohibited by law. Submissions
will not be acknowledged or returned by Sponsor.
Sponsor reserves the right to request proof
from any entrant, at any time, in a form acceptable to Sponsor, of any
permission required or possibly required to use such entrant’s entry in the Contest. Failure to provide such proof, if requested,
may disqualify such entry from the Contest.
Sponsor
reserves the right, in its sole discretion, to disqualify any individual (and
all of his or her entries) who tampers or attempts to tamper with or abuse the
entry process or the Contest website in any way or who is otherwise in
violation of these Official Rules, as determined by Sponsor or the Contest
judges appointed by Sponsor in their sole and absolute discretion. Any questions regarding the number of entries
submitted or the authorized account holder shall be determined by Sponsor in
its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST
WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW.
Contest
Winner Determination – Judging of Submissions:
On
or about 9/12/2022, a panel
of judges as solely determined and appointed by
Sponsor/Administrator shall review, select and designate a maximum of one (1) potential
grand prize winning entry and ten (10) potential first prize winning entries from
among all eligible entry submissions received from all entry methods combined as
set forth below (see judging criteria below).
·
Note: If eligible entries are
less than the scheduled number of prizes available, then the difference between
the entries and scheduled number of prizes available shall not be awarded. There is a maximum of one (1) prize award
per person or household during the entire Contest Period. Once awarded a prize, no individual or member
of their household shall be eligible to be awarded any subsequent prize award.
Each eligible entrant whose entry is selected
by judges shall be designated as a potential
prize winner (see prize descriptions below), subject to verification
of eligibility, and compliance with these Official Rules. Only the entrants whose entries are selected
by judges shall be eligible to claim the prize award. All other entries and
submissions received will be disqualified.
Judging Criteria: Submissions shall be judged by a
Sponsor/Administrator-appointed panel of judges (at least 1 of which shall be
independent and unaffiliated individuals (as solely determined by Sponsor). The
remaining judges shall be members of the Sponsor or Administrator. Entries
shall be evaluated by the panel of judges
pursuant to the following guidelines, requirements
and criteria in the determination of the winning
entrant:
·
Submission that is deemed to best depict ‘Ocean Love’ showing
the entrant’s love for the ocean, with Gray Whale Gin including any product,
logo, display, packaging, merchandise, store display, advertisement or other
item related to Gray Whale Gin (33.34% of score);
·
Submission that demonstrates creativity, fun,
originality, uniqueness, humor and/or other inspiration for love of the ocean (33.33% of score);
·
Submission that best represents Sponsor’s brand
image and portrays Gray Whale Gin in a positive manner and overall quality of
the submitted photo or video (33.33% of score);
Winner Notification: All potential prize winners will be notified
initially by phone and/or email notification, or via post or direct message to
their Facebook, Instagram or Twitter account following their selection and
determination as a potential winner. Potential
winners must follow the provided instructions to verify eligibility and claim
the prize. If the Administrator is
unsuccessful in its attempt to reach a selected potential prize winner or
winner fails to respond as instructed within forty-eight (48) hours of the
initial notification attempt, then that entrant may be disqualified and an
alternate potential prize winner may be randomly selected from among the
remaining eligible entries received and notified as per the procedures outlined
above (time permitting).
During prize winner notification, each selected
potential prize winner must confirm their eligibility, and indicate their
willingness to accept the associated prize award (see below). If a selected potential winner does not meet
the eligibility requirements, is unable or unwilling to accept the prize,
elects to decline the prize or fails to return the required prize acceptance
documents within the required deadline, s/he will be disqualified and, at
Sponsor’s discretion and time permitting, an alternate winner will be randomly selected
(if more than one) from among the next highest scoring entries and notified as per the procedures
outlined above (time permitting).
Any disqualified entrant will not receive any alternate prize substitution
or compensation. Decisions of the Sponsor and Administrator in the selection and
determination of all prize winners and all matters relating to this Contest are
final and binding.
All of the following will apply to each
potential prize winner: 1) potential prize winner will be required to complete
and return, within 3-days of date of receipt, a prize acceptance form,
including an affidavit of eligibility and a liability/publicity release (publicity release where permitted), and
a W-9 form (for grand prize winner);
2) potential prize winner may be required to present a copy of a valid
social security card and a valid driver’s license or government issued photo ID
as a condition of receiving any prize;
and 3) potential prize winner is responsible for paying all applicable
taxes (including, but not limited to all local, state and federal taxes) on all
prizes awarded, and grand prize winner shall be issued a 1099 form reflecting
the value of the prize award.
Failure to collect or properly claim any prize
in accordance with these Official Rules will result in forfeiture of the
prize. If forfeited for any reason, potential
prize winner will not receive any other prize substitution or compensation, and
the prize will remain the property of Sponsor and will not be awarded, except
as provided herein.
Grand
Prize Award (Maximum 1 winner): The
grand prize winner shall receive a trip for two (2) (winner and one (1) guest age 21 or older)
to Orange County, CA. Travel dates shall
be as solely determined and designated by Sponsor, based upon availability. The
grand prize trip for two has an approximate retail value of $5,000, and
includes:
·
Round
trip coach class airfare for two (winner
and one guest age 21 or older) from the nearest
major airport to the winner’s home as designated by Sponsor to the Sponsor
designated airport servicing the Orange County, CA area (i.e. LAX).
o
Actual
departure date, times and airline based upon availability and will be solely
determined by Sponsor;
·
Three
(3)-nights standard hotel accommodations (one room, double occupancy) at
a standard hotel as solely designated by Sponsor in the Orange County, CA area (based upon availability);
o
Arrival
and departure dates as solely specified by Sponsor, based upon availability;
Note: No
alcoholic beverage is part of any prize award. All ground transportation, airport/hotel
transfers, parking, meals, gratuities, checked baggage fees, airline seat
assignment fees, hotel resort fees, travel or departure taxes, incidental
expenses, applicable taxes (including, but not limited to all local, state and federal taxes) and any other expenses not
specified herein as being included in the prize award are the sole
responsibility of winner.
Winner and guest
shall be subject to any qualifying conditions prior to and during travel
including any local government regulations in the departure or destination
location, airline and/or hotel requirements or regulation related to COVID-19
testing requirements, vaccination status or policy. Any testing, vaccination or related
quarantine expenses are at the sole expense of winner and guests. Winner and guest must
have valid ID in order to travel.
Travel dates are based upon availability, must
be booked a minimum of 60-days in advance, and must be booked by 3/31/2023 and
completed by 8/31/2023 or prize award may be forfeit. Sponsor is not responsible for any travel
delays, flight delays or cancellations or travel difficulty related to prize
award, redemption or use. If travel delays or difficulty prevent
arrival in time for any and all elements of such prize
award, Sponsor is not responsible for awarding any compensation in lieu
thereof. Sponsor is not responsible for
late, lost, damaged or stolen luggage.
The winner and his/her guest must travel
together on the same itinerary. Any
changes to completed travel arrangements, once booked, are the sole
responsibility of the winner, and are solely at the winner’s expense. Actual value of the trip will depend on point
of departure, and any airfare fluctuations.
If actual value of prize is lower than the stated ARV of the prize award
when it is procured and fulfilled, then the difference will not be awarded to
the winner. The winner and travel
companion are solely responsible for all costs incurred to and from the nearest
major airport to the winner’s home as designated by Sponsor as the prize
originates and terminates at such departure point unless otherwise agreed to by
Sponsor in writing.
Grand prize winner and guest must be of legal
age of majority in his/her state of residence (and at least 21) and will be
required to execute and return a liability/publicity release prior to prize
award. It is recommended that winner and
travel companion obtain sufficient personal insurance prior to departure. Winner and travel companion hereby release
Sponsor from any duty to provide, check, or verify any and
all necessary ID’s, passports, visas and tourist cards, birth
certificates, vaccination certificates, and any other travel requirements
(“Personal Documents”). Sponsor shall
not have any responsibility for the replacement of lost or stolen Personal
Documents or tickets, coupons, vouchers, receipts or
other documents pertaining to the prize (“Travel Documents”) once the Travel
Documents have been provided to winner.
In the event travel arrangements cannot be
scheduled or booked due to pandemic, an Act of God, Force Majeure, government
regulation or restrictions, an act of terrorism, civil disturbance, work
stoppage, or any other reason, Sponsor reserves the right, in its sole
discretion, to extend the deadline for booking beyond 3/31/2023, and for travel
beyond 8/31/2023 or to award the winner an alternate prize award of approximate
equal or greater value, as an alternate prize award, in lieu of the trip and
such alternate prize shall be the full and final Grand Prize award.
First Prize
Award (Maximum 10 winners): Each first
prize winner shall receive: one (1) Gray Whale Gin merchandise kit, consisting of
the Gray Whale Gin merchandise item(s) as solely determined and designated by
Sponsor. Sponsor reserves the right to
substitute alternate merchandise item(s) of approximate equal or greater value
in its sole discretion, based upon availability. (Note:
any winner who is a resident of VA shall receive branded merchandise
items valued less than $10 each, non-branded merchandise, or alternate
merchandise item of approximate equal value, as solely determined and
designated by Sponsor.) Approximate
retail value (ARV) of each first prize award:
$50. Total ARV of all available
prize awards: $500.
General
Prize Conditions:
No alcoholic beverage is part of any
prize award. First prize awards
shall be shipped to winner via the Sponsor designated shipping carrier. Allow eight (8) to twelve (12) weeks for
prize delivery. Once shipped, the prize
shall be considered delivered and Sponsor shall have no responsibility for any
shipment that is delayed, damaged, lost, misdelivered
or stolen, or for any incorrect shipping address provided by winner. In the event of any delivery issues, prize
award shall not be replaced or substituted with any alternate prize award or
compensation. Winner shall look solely
to shipping carrier for any lost, damaged, misdelivered, stolen
or delayed shipment.
All other costs and expenses related to prize
acceptance, delivery, redemption or use not specified herein as being provided
are the sole responsibility of winner.
All income, federal, state and local taxes are
the winner’s sole responsibility. All
prizes are awarded as is, without any warranty, express or implied, by
Sponsor. All prize awards are non-transferable and no cash redemption or prize
substitution allowed, except at Sponsor’s sole discretion or as provided
herein. Sponsor reserves the right to
substitute a prize with one (1) of comparable or greater value, at its sole
discretion. Failure
to collect or properly claim prize in accordance with these Official Rules will
result in forfeiture of the prize. If
forfeited for any reason, entrant will not receive any other prize substitution
or compensation, and the prize will
remain the property of Sponsor and will not be awarded, except as provided
herein. All
properly claimed prizes will be awarded.
Any unclaimed prizes will not be awarded.
Additional
Rules & Restrictions: By participating,
entrants agree to abide by and be bound by the Official Rules and the decisions
of the Sponsor and Administrator, which shall be final in all matters relating
to this Contest. In the event an entrant
wins a prize, and is later found to be in violation of
these Official Rules, he/she will be required to forfeit the prize or to
reimburse Sponsor for the stated ARV of the prize if such violation is
discovered after winner has used the prize.
Participation in the Contest constitutes permission for the Sponsor and
its designees to use entrants’ names, cities and
states of residence and/or likenesses for purposes of advertising and trade in
any and all media now or hereafter known worldwide in perpetuity without
limitation or further compensation, notification or permission, unless
prohibited by law. False, fraudulent or
deceptive entries or acts shall render entrants
ineligible for any prize.
By participating, entrants agree to hold all
Released Parties harmless from any claims, losses, actions, or damages of any
kind, whether actual, incidental or consequential, for injury (including, but
not limited to, death), damages, losses or expenses arising out of or relating
to entrant’s participation in this Contest, or the acceptance, possession or
use/misuse of any prize, or participation in prize-related activities
(including, but not limited to, travel or activity related thereto), and to
assume all liability therefor.
Released Parties shall not be liable to winner
or any other person for failure to supply the prize or any part thereof by
reason of any Force Majeure Event. The
term “Force Majeure Event” as used herein shall mean, without limitation, the
following: acts of God; strikes,
lockouts or other labor or industrial disturbances; acts of public enemies;
war; cyber-attack; orders or restraints of any kind from any governmental,
civil or military authority or from any of its departments, agencies or
officials (except when such governmental action results from a party’s failure
or refusal to comply with any applicable law, rule, or regulation);
insurrections; riots; power failure or surges; landslides; earthquakes; fires;
storms; lightning; droughts; floods; explosions; pest damage; viruses; plagues;
diseases; epidemics; pandemics; acts or omissions of communications or other
carriers; and any other cause or event not reasonably within the control of the
Released Parties.
Entrants are restricted
to use of ordinary and typical computer equipment, mobile phone equipment,
Internet access and cellular networks. Sponsor disclaims all liability for the
inability of an entrant to complete or continue an entry due to equipment
malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s
control (including, without limitation, a Force Majeure Event), or otherwise.
The Sponsor disclaims any liability for entries not received due to technical
difficulties or transmission errors. The Sponsor disclaims all liability for
any delays, mis-delivery, loss or failure in the
delivery of any item sent by mail, courier, express, electronic transmission,
or other delivery method. Released
Parties are not responsible for mechanical, technical, electronic,
communications, telephone, computer, hardware or software errors, malfunctions
or failures of any kind, including: failed, incomplete, garbled or delayed
transmission of online entries, traffic congestion on telephone lines, the
Internet or at any website or lost or unavailable network connections which may
limit an online entrant's ability to participate in the Contest, and any injury
or damage to entrant’s or any other person’s computer or mobile phone related
to or resulting from participating in or downloading any information necessary
to participate in the Contest. Released
Parties are not responsible for any other errors of any kind, whether computer,
technical, typographical, printing, human or otherwise, relating to or in
connection with the Contest, including, without limitation, errors which may
occur in connection with the printing or advertising of this Contest,
administration or execution of the Contest, the cancellation of the Contest,
the processing of entries or in the announcement of the prizes or prize
winners. Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering with the
entry process or the operation of the Contest website.
Sponsor
reserves the right to cancel, modify, reschedule or terminate the Contest for
any reason including, but not limited to acts of God, pandemics, force majeure,
government regulatory action or ruling,
fraud, misconduct, or if any technical failures, or human or programming
errors, destroy or threaten the integrity of the Contest, in the opinion of the
Sponsor/Administrator, or if a computer virus, bug, or other technical problem
corrupts the administration, security, or proper conduct of the Contest as
determined by Sponsor/Administrator, in their sole discretion. In the event of
early termination of the Contest, Sponsor reserves the right to determine prize
winners from among all eligible, non-suspect entries received as of the
time/date of such termination.
INTELLECTUAL PROPERTY: In addition, by submitting
any entry, each entrant transfers any and all
of his/her right, title and interest in and to such entry
(including without limitation all photos and videos included in an entry), including but not limited
to any and all copyrights, trademark rights, "moral rights", and any
and all other proprietary rights that may exist throughout the world to Sponsor, and expressly waives any rights s/he may have in
such submission and/or entry. Each entrant agrees Sponsor is the exclusive owner of all rights in
and to such entry and/or submission, and will have the worldwide, perpetual right
to copy, display, reproduce, exhibit, edit, modify, assign, license, register
for copyright or trademark, distribute, sell or otherwise use and exploit the entry and associated submission and all elements and/or
derivative works thereof, in whole or in part, alone or with other materials,
in any media now known or hereafter created or devised, for any reason whatsoever,
without
compensation to entrant. If for any reason, Sponsor is not deemed the exclusive
owner of all rights in and to an entrant’s submission, entrant agrees to automatically confer on Sponsor an
irrevocable, non-exclusive, perpetual, royalty-free, worldwide, fully paid-up,
assignable license to use, reproduce, display, modify and create derivative
works of all or any portion of entry, his or her name, photograph, likeness,
statements, biographical information, voice, voice likeness, city and state
address for all purposes (including but not limited to advertising, publicity
and promotional purposes) in all media, including, without limitation, on air
and within Sponsor’s family of websites (including http://www.graywhalegin.com)
in perpetuity, without further notice or compensation (except to the extent
prohibited by law) and agree to execute specific consent to such use upon
request.
WARRANTY: By entering, each Entrant warrants and represents (i) that the Entrant
owns all rights to the Entry and submission he/she is entering in this Contest,
(ii) that his/her Entry and submission(s) do not infringe the intellectual
property, privacy or publicity rights or any other legal or moral rights of any
third party, or violate applicable laws, rules, regulations, or network
standards
(Sponsor reserves the right to request proof of these permissions in a form
acceptable to Sponsor from any entrant at any time. Failure to provide such
proof may, if requested, render Entry null and void.); and (iii) that his/her Entry and submission(s) have not
been entered in or won any previous contests or awards.
IN CASE OF DISPUTES: The Contest
shall be
governed by and construed in accordance with the laws of the State of New York,
without giving effect to any choice of law or conflict of law rules or
provisions (whether of the State of New York or any other jurisdiction), that
would cause the application of the laws of any jurisdiction other than the
State of New York. Except where prohibited by law, as
a condition of participating in this Contest, Entrant agrees that (1) any and
all disputes and causes of action arising out of or connected with this
Contest(including but not limited to causes of action concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant and Sponsor in connection with
this Contest), or any prize awarded, shall be resolved
individually, without resort to any form of class action, and exclusively by
final and binding arbitration under the rules of the American Arbitration
Association and held at the AAA regional office nearest to New York City, New
York; (2) the seat of the arbitration shall be New York State; (3) the Federal
Arbitration Act shall govern the interpretation, enforcement and all
proceedings at such arbitration; and (4) judgment upon such arbitration award
may be entered in any court having jurisdiction. Under no circumstances will
Entrant be permitted to obtain awards for, and Entrant hereby waives all rights
to claim, punitive, incidental, or consequential damages, or any other damages,
including attorneys' fees or other legal costs, other than Entrant's actual
out-of-pocket expenses (i.e., costs associated with participating in this
Contest), and Entrant further waives all rights to have damages multiplied or
increased.
Odds: Odds of being selected as a prize winner are
dependent upon the total number of eligible entries received from all entry
methods combined, skill of each entrant in creation of a ‘Ocean Love’ photo or
video submission, and decisions of judges.
Official Rules &
Winners List: For a copy of these Official Rules, or the
name of prize winners, send a self-addressed stamped envelope to be received by
10/31/2022 to: Gray Whale Gin ‘Ocean Love’ Photo Contest, P.O. Box 278,
Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
Sponsor: This Contest is
sponsored by Deutsch Family Wine & Spirits, 201 Tresser Boulevard, Suite
500, Stamford, CT 06901.
Contest Administrator:
This contest is administered
by Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.
Oceana is not a
party to this Contest and shall have no liability or responsibility for any
claim arising in connection with this Contest or any prize(s) awarded in
connection therewith.
This Contest is not affiliated with or sponsored, sanctioned or endorsed by or in any way in association with Facebook,
Instagram or Twitter. Facebook, Instagram and Twitter have no liability or responsibility
for any claim arising in connection with this Contest or any prize(s) awarded
in connection therewith.
Gray
Whale Gin. 100% Grain Neutral Spirits. 43% Alc./Vol ©2022 Golden State
Distillery, www.graywhalegin.com. Please Enjoy
Responsibly.