[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.