US Sweepstakes & Fulfillment Company
Final - OFFICIAL RULES
Mirassou Winery “Brighten Your Home” Sweepstakes 4/5/2012 – 08/31/2012- Sweepstakes Dates
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Eligibility:The Brighten Your Home Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States and the District of Columbia (U.S.) (excluding CA, UT, and TN), age 21 or older at time of entry. Void in U.S. Territories and Possessions, Puerto Rico, outside the U.S. and wherever else prohibited by law. Employees of E. & J. Gallo Winery dba: Mirassou Winery (the "Sponsor"), its subsidiaries, affiliates, their alcoholic beverage distributors and retailers, their participating advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
Entry: There are two ways to enter.
Method #1: Visit www.facebook.com/MirassouWinery, click “Like” to become a fan of the Mirassou Winery page, click on the “Brighten Your Home” tab on the Mirassou Winery Facebook page, take the quiz (optional) and follow all entry instructions to complete and submit the online entry form.
Method #2: Visit www.mirassou.com, follow the links to the Sweepstakes entry form, and follow all entry instructions to complete and submit the online entry form.
Entries must be received between Thursday, April 5, 2012 @ 08:00:01pm Pacific Standard Time (“PST”) and Friday, August 31, 2012 at 11:59:59pm (PST), (the "Sweepstakes Entry Period"). Limit: One (1) entry per person per email address per day regardless of method of entry. Sponsor’s clock is the official timekeeper for the Sweepstakes.
Prize/Approximate Retail Value (“ARV”): There will be one (1) Grand Prize of $5,000 [a check for $5,000], a virtual consultation with HGTV’s Genevieve Gorder of approximately 30 minutes in duration and a Mirassou Entertaining Prize Pack: which includes a set of four branded wine glasses, a branded corkpull, a branded wine chiller bucket, and a wine opening/serving kit. Total ARV of all prizes: $5,100.00.
Random Drawings: The winner will be selected in a random drawing taking place on or about Wednesday, September 5, 2012 from among all eligible entries received. The drawing will take place at the offices of an independent agent of the Sponsor whose decisions are final.
Grand Prize winner will be notified by email and confirmed in writing, and will be required to sign and return, within ten (10) days of winner notification, an Affidavit of Eligibility, a Liability Waiver, and where not prohibited by law, a Publicity Release (collectively, "the Releases"). Prize package will be awarded within approximately Sixty (60) days after the winner is verified
Odds: The odds of winning are dependent upon the number of eligible entries received.
Prize Conditions: The consultation with Genevieve Gorder must take place by 12/31/12. Winner must have access to a computer or telephone for consultation. If Genevieve Gorder is not available to perform the consultation, winner will receive remainder of the Grand Prize without additional compensation. If prize notification is returned as undeliverable, if winner is found ineligible, if winner cannot accept or receive the prize for any reason within the time frame specified, or he/she is not in compliance with these Official Rules, the corresponding prize will be forfeited and an alternate winner may be selected in a separate random drawing.
Winner is responsible for all federal, state, local and income taxes associated with winning prize.
Prizes are not redeemable for cash. Prizes are non-assignable or transferable. No substitution is permitted. If Genevieve Gorder is not available to perform the consultation, winner will receive remainder of the Grand Prize without additional compensation. Any other incidental expenses on prize not specified herein are the sole responsibility of each winner. Except where prohibited by law, entry and/or acceptance of prize constitute permission to use winner's name, prize won, hometown, and likeness for purposes of advertising, promotion and publicity (including, without limitation, online posting) of Sponsor’s company, brand(s) and/or products in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
Winner acknowledges that the Sponsor, Facebook, Inc. and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.
An entrant is not a winner of any prize, even if the sweepstakes SHOULD so indicate, unless and until entrant’s eligibility 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.
General: Entrants agree to these Official Rules and the decisions of US Sweepstakes & Fulfillment Company, the Administrator of the Sweepstakes, and the Sponsor. By participating in the Sweepstakes, each entrant releases and agrees to indemnify the Sponsor, Facebook, Inc., their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (collectively, the “Released Parties”) and hold them harmless from and against any and all costs, claims, losses, liability, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, from participation in the Sweepstakes, or arising out of participation in any Sweepstakes-related or prize-related activity, or the acceptance, use or misuse, of any prize. Winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this Sweepstakes or use/misuse or redemption of the prize. Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
Sponsor is not responsible for faulty, incorrect or mistranscribed transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including, without limitation, any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Sweepstakes. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/Administrator, in their sole discretion. In the event of termination a notice will be posted online and Sponsor will select Sweepstakes winner from all eligible entries received up to the time of termination or modification via a random drawing. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, or programmed methods of participation will void all such entries by such methods. Sponsor reserves the right to prohibit the entries of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Sponsor, Facebook, Inc., their affiliate companies, parents, subsidiaries, divisions, officers, directors, and agents are not responsible for: (i) lost, late, misdirected, or damaged entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes.
The decisions of Sponsor and Administrator are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify any person from the Sweepstakes it believes, in its sole discretion, has intentionally violated these Official Rules.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes: Except where prohibited by law, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s 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 California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including, without limitation, attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Official Rules Request: To request a copy of the Official Rules, see www.facebook.com/MirassouWinery or www.mirassou.com or send a self-addressed, stamped envelope by September 19, 2012, to: Brighten Your Home Sweepstakes, Official Rules Request, PO Box 25497, Rochester, NY 14625.
Winner Confirmation: For a written confirmation of the winner (available after Wednesday, September 5, 2012) send a stamped, self-addressed envelope (no later than Wednesday, October 3, 2012), to: Brighten Your Home Sweepstakes, Winner Confirmation Request, PO Box 25497, Rochester, NY 14625.
Administrator: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
Sponsor: E. & J. Gallo Winery dba: Mirassou Winery, 600 YosemiteBlvd, Modesto, CA 95354.
Important: This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Facebook. Becoming a fan of the Mirassou Winery Page on Facebook does not constitute an entry into the Sweepstakes. You understand that you are providing your information to Sponsor, not to Facebook. Any questions, comments or complaints regarding this Sweepstakes must be direct to the Sponsor, and not Facebook and should be sent via mail to: Mirassou Winery, 600 YosemiteBlvd, Modesto, CA 95354.
Void in CA, UT, TN, outside the U.S., in US Territories and Possessions, Puerto Rico, and wherever else prohibited.
California Table Wine, © 2011 Mirassou Winery, Modesto, Stanislaus Co., CA. All rights reserved.
California Table Wine, © 2011 Mirassou Winery, Healdsburg, CA. All rights reserved.