[yellow tail] Summer of Happy Sweepstakes

Official Rules

 

NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN.  PURCHASE OR TEXT MESSAGE DOES NOT IMPROVE CHANCES OF WINNING.  THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN ARIZONA, CALIFORNIA, MICHIGAN, MINNESOTA, OREGON, PENNSYLVANIA, TENNESSEE, WASHINGTON, AND WISCONSIN AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). SWEEPSTAKES DIVIDED INTO 10 PRIZE POOLS AS DESCRIBED BELOW. VOID ELSEWHERE AND WHEREVER PROHIBITED.  DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. 

 

Sweepstakes Name: [yellow tail] Summer of Happy Sweepstakes (the “Sweepstakes”).

 

Sweepstakes Dates: Sweepstakes registration is scheduled to begin at 12:00:00am Eastern Time (“EST”) on 6/1/2020 and end at 11:59:59pm EST on 7/31/2020 (the “Registration Period”).  The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void outside of Arizona, California, Michigan, Minnesota, Oregon, Pennsylvania, Tennessee, Washington, and Wisconsin, and wherever prohibited.

 

Who may Enter:  Sweepstakes is open only to legal U.S. residents of Arizona, California, Michigan, Minnesota, Oregon, Pennsylvania, Tennessee, Washington, and Wisconsin, 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 (“Qualified Persons”), except the following persons who are not eligible to enter or win:

(a)   Employees, officers, and directors of W.J. Deutsch & Sons Ltd. d/b/a Deutsch Family Wine & Spirits (“Sponsor”), Million Dollar Media, LLC (the “Administrator”), and each of the foregoing’s respective franchisees, owners, employees, contractors, parents, affiliated companies, subsidiaries, distributors, retailers, wholesalers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), owners or employees of liquor-licensed distributors, retailers, wholesalers, 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), grand children (including step grand children) and each of their respective spouses, regardless of where they reside.

 

How to Enter – Two Ways (each an “Entry”):

1.     Text:  During the Registration Period, you may enter the Sweepstakes via text entry if you are in possession of a Short Message Service (SMS) capable device with an eligible text plan, and have obtained the bill payer’s permission to enter via text.  Text entry may not be available through all wireless carriers.  Enter via text by sending a text message to the designated short code (77000) with the designated key word (HAPPY) in the body of the message.  Upon receiving a verification message, enter your 8-digit date of birth followed by the 5-digit zip code of your primary residence (e.g., MMDDYYYY, 90210). Once you enter your information you will be entered into the Sweepstakes. Message and data rates may apply to each text message sent or received as provided in your wireless plan.  Contact your carrier for pricing plans and details. All text entries must be received by 11:59:59pm EST on 7/31/2020 to be eligible.  Maximum of one text entry per person or per valid mobile number per day. Text REMOVE to 77000 to quit. By sending a text message from your mobile phone, you are providing prior written consent to receive messages about the sweepstakes and Sponsor’s products and services to that mobile phone by or on behalf of Sponsor. Consent not required as a condition of purchase. Text messages sent by auto-dialer. See your wireless carrier for pricing plan details. Check your wireless phone capabilities for specific instructions

2.     Mail-in Entry:   Hand print your complete name, address (including city, state and zip code), email address, birth date, and daytime and evening phone numbers (including area codes), and the key word ‘HAPPY’ on a 3x5 card or piece of paper, and mail your entry in a #10, business-size envelope with first-class postage affixed to: [yellow tail] Summer  of  Happy Sweepstakes, P.O. Box 278, Woodbridge, NJ  07095.  Information on all entries must be hand-printed.  No mechanically reproduced or photocopied entries allowed.  Maximum one mail-in entry per person per day.  Limit one (1) mail-in entry per outer mailing envelope.  All mail-in entries must be postmarked by 7/31/2020, and received by 8/7/2020.

a.     Prize Pools:  There will be ten (10) separate prize pools (each a ‘Prize Pool’) in this Sweepstakes, each based on the state of the entrant’s primary residence (each a ‘Market’)

                                  i.    The Prize Pools, corresponding Markets and available prizes are as follows:

Prize Pool

Market

Available Prizes

1

Arizona

1

2

California North (“NOCAL”)*

1

3

California South (“SOCAL”)*

1

4

Michigan

1

5

Minnesota

1

6

Oregon

1

7

Pennsylvania

1

8

Tennessee

1

9

Washington

1

10

Wisconsin

1

* California North (“NOCAL”) and California South (“SOCAL”) Prize Pools:  There will be two (2)    separate prize pools for residents of California in this Contest (NOCAL and SOCAL), each based on the county where the Entrant resides in California (each a “Prize Pool”). 

o  Eligible California Counties for NOCAL Prize Pool:  Alameda, Alpine, Amador, Butte,       Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo,       Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey,       Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San       Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus,       Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, Yuba

o  Eligible California Counties for SOCAL Prize Pool:  Imperial, Kern, Los Angeles, Orange,       Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Ventura

 

Any available opt-in opportunities are not required to enter the Sweepstakes, and opting-in will not improve your chances of winning.  By participating and submitting an entry, entrant agrees that Sponsor and participating parties are authorized to contact entrant via email, text, mail, phone or any other form of media to make entrant aware of information pertinent to the Sweepstakes, and to distribute information regarding the Sponsor(s) featured products, special events or future contests, promotions or offers.  Entrants may opt-out of any further communication at any time by simply replying REMOVE to 77000, or following the provided opt-out instructions.

 

Maximum of one entry per person per day.  Any incomplete or illegible entries will be disqualified.  Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information for any reason including programming or technical errors, or effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections; all of which will be disqualified.

 

Each participant must submit an entry on his/her own behalf.  Any entry submitted on behalf of another individual or using another person’s email address, name or mobile number will be disqualified and ineligible to claim any prize.  Any attempt by any entrant to obtain more than the stated number of entries allowed by using same, multiple/different mobile numbers, identities, or any other methods void that entrant's entries and that entrant may be disqualified.  No mechanically reproduced 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.  All entries received become the property of the Sponsor and will not be returned. 

 

In the event of a dispute as to any text-entry registration, the authorized account holder of the mobile phone used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “authorized mobile phone account holder” is the natural person listed on the account by the cellular service provider, associated with the mobile phone number used to submit the text entry.

 

By registering to enter Sweepstakes, you affirm that you have read and accepted these Official Sweepstakes Rules.  All entrants agree to be bound by & abide by the official rules of the Sweepstakes. 

 

Prize Drawing – Winner Selection & Notification (Ten (10) prize winners): 

On or about 8/8/2020, the Administrator will conduct ten (10) separate, concurrent grand prize drawings, with one (1) drawing conducted for each Prize Pool.  In each drawing a potential grand prize winner (each a “Potential Winner”) will be randomly selected from among all eligible entries received from the applicable Market during the Registration Period. 

 

Potential Winners will be notified initially by phone following their selection.  If the Administrator is unsuccessful in its attempt to reach and speak directly with a selected Potential Winner by phone within 3 business days of the initial attempt to the phone number associated with their entry, then that entrant may be disqualified and an alternate Potential Winner may be randomly selected from among the remaining eligible entries in the corresponding Prize Pool and notified as per the procedures outlined above. Note: phone messages will not be left during the Potential Winner notification process.

 

During prize winner notification, each Potential Winner must confirm their eligibility, and indicate their willingness to accept the prize. Each Potential Winner will be required to sign and return, within five (5) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form or an IRS Form 1099 (the “Paperwork”) in order to claim the Prize. If a Potential Winner fails to return the Paperwork within that time, if the Grand Prize Notification is returned as undeliverable, or if an Entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the Potential Winner will be disqualified and a runner-up Grand Prize Winner may be notified. Maximum of one (1) winner per household. 

 

Sponsor reserves the right to conduct a background check of any criminal records of any potential Grand Prize Winner. To the extent necessary and permitted by law, potential Grand Prize Winner shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify any potential Grand Prize Winner based on the background check. Even if the name of a potential Grand Prize Winner is publicly announced, the potential Grand Prize Winner must complete all documents provided and be confirmed by Sponsor prior to receiving a Prize. Once a potential Grand Prize Winner has been confirmed by the Sponsor, except where prohibited by law, Grand Prize Winner’s Entry and acceptance of the Grand Prize constitutes permission for the Sweepstakes Entities to use said Grand Prize Winner’s name, photograph, likeness, statements, biographical information and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.

 

Grand Prize Award:  Each eligible entrant and Potential Winner designated as a grand prize winner shall be awarded the following: 

 

Prize does not include alcoholic beverages. Total ARV of all available prizes: $1,870.00.  Winners must take delivery of prize award as specified by Sponsor or Sweepstakes Administrator.  Prize does not include any other costs or expenses associated with prize redemption, delivery or use.  All federal, state and local taxes are the winner’s sole responsibility.  Odds of winning depend on number of eligible entries received.

 

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 of comparable or greater value, at its sole discretion.  Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize.  All properly claimed prizes will be awarded.  Any unclaimed prizes will not be awarded. 

 

All prizes requiring delivery (“Shipped Prize(s)”) will be shipped to each entrant who is a confirmed winner at the address listed on their signed prize acceptance documents.  All Shipped Prizes will be delivered by U.S. Postal Service or common carrier of Administrator’s choosing, and Shipped Prizes will be deemed delivered to the winner once a Shipped Prize is delivered by Administrator to the U.S. Postal Service or other common carrier of Administrator’s choosing.  Sponsor and Administrator will not be responsible or liable for a late, delayed, lost, stolen, undeliverable or damaged Shipped Prizes once delivered to the U.S. Postal Service or other common carrier, for any loss or damages relating to delivery, use, or misuse of a Shipped Prize, or for any entrant who incorrectly entered their actual address during the prize acceptance process.  Please allow 2-4 weeks for delivery of Shipped Prizes.

 

Privacy and Text Information:  Entrants will be contacted using the address provided during the Entry Period.  Email addresses may be stored if supplied, and entrants may receive email correspondence from, or on behalf of Sponsor subject to Sponsor’s privacy policy.  Sponsor uses commercially reasonable efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email.  Entrant understands that he or she is providing their information to Sponsor. By entering the Sweepstakes, each entrant acknowledges that his or her first and last name and hometown may be announced online, including on Sponsor’s social media channels. Except where prohibited, acceptance of any and all prizes constitutes consent by the winner to use of his/her name, voice, picture, likeness and biographical data for advertising and promotional purposes without any additional compensation. Each Entrant further hereby acknowledges and agrees that if he or she is chosen as a winner for any prize, certain of his or her identifying information may be disclosed to third parties (at least as required by law), including, without limitation, on an online page listing prize winner(s). Information collected from Entrant will be treated by Sponsor in accordance with Sponsor’s privacy policy, available at http://www.deutschfamily.com/privacy-policy, and with due regard to Entrant’s privacy. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Sweepstakes. Entrants’ information will be hosted in the United States.


If you provided your mobile number during the Entry Period and agreed to the terms listed, you are authorizing Sponsor to deliver automated SMS messages to you about the Sweepstakes. You are not required to provide a number as a condition of purchasing any item or receiving any offers. Standard message rates may apply.  You may opt out of receiving future text messages by replying REMOVE to any message you receive (this will generate a confirmation email noting we have received your request).  If you chose not to receive automated SMS messages to your mobile device, you will receive the same notifications via mail or via email through an automated email system. Sponsor and its agents are not responsible for text message 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 such entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Network service for transmission of text messages/entries may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Sponsor assumes no responsibility for message/entry delivery or timeliness of messages/entries, or for the availability of messaging or general phone services at all times.


Additional Terms and Conditions: If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winner from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.


No transfer or substitution of prize (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event that advertised prize (or portion thereof) is unavailable. Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for prize; however, the cash alternative may be less than the stated ARV of the prize. All federal, state and local income taxes on the prize are winner’s sole responsibility. Winner will be issued an IRS Form 1099 for the value of his/her prize. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.


SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES.

 

Releases: By entering or accepting the prize (if awarded to him/her), entrant agrees to indemnify, release, defend and hold harmless the Sponsor, its parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Sweepstakes, including but not limited to, prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, possession, acceptance, use and/or misuse or inability to use any prize or part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.


The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.


Warranty Disclaimer: By accepting the prize, winner acknowledges that Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.


Limitations of Liability: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.


Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, 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 (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York.


Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.


Construction: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

Winner’s Lists and Official Rules: A winner’s list may be obtained by mailing a self-addressed stamped envelope to [yellow tail] Summer of Happy, P.O. Box 278, Woodbridge, NJ  07095: All requests for the winner’s list must be postmarked by 9/30/2020 and received by 10/7/2020.  Requests will be fulfilled after the winner is verified. For official rules, and prize descriptions, see WWW.YELLOWTAILSUMMER.COM


©[ yellow tail ] is a registered trademark of Casella Wines Pty Ltd.

©2020 Deutsch Family Wine & Spirits, Stamford, CT 06901

[ yellow tail] the [go-to] Watch Your Tail. Drink Responsibly]

 

American Express is not a party to this Sweepstakes, and has not offered or sponsored this Sweepstakes in any way; and shall have no liability or responsibility for any claim arising in connection with this Sweepstakes or any item(s) awarded.