NEVER THE SAME STORY 2020 SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. OPEN TO U.S. RESIDENTS 21+ YRS. OLD. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ODDS OF WINNING DEPEND ON NUMBER OF ENTRIES RECEIVED. SWEEPSTAKES BEGINS January 1, 2020, and ends at 11:59 p.m. PT on February 29, 2020. ONE GRAND PRIZE OF $1,000 GIFT CARD (ARV $1,000). FOR FULL OFFICIAL RULES, VISIT http://bit.ly/1ksweeps ©2019 SPONSORED BY FETZER VINEYARDS, HOPLAND, MENDOCINO CO., CA.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram®. Instagram® is not affiliated with the Sponsor in any way.
1. SWEEPSTAKES PERIOD. The 1000 Stories® Never the Same Story 2020 Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Pacific Time (“PT”) on January 1, 2020, and ends at 11:59 p.m. PT on February 29, 2020 (the “Sweepstakes Period”). All entries must be time stamped by February 29, 2020 at 11:59:59pm PT. Sponsor’s clock shall be the official timekeeper for this Sweepstakes. Limit one (1) Entry per Instagram® account holder.
2. HOW TO ENTER. There is one (1) way to enter this Sweepstakes (“Entry Method”). To enter and be considered an “Entrant”, during the Sweepstakes Period, visit https://www.instagram.com/1000storieswines (“Website”) to find the Instagram® Sweepstakes post made by Sponsor featuring “Never the Same Story.” Like our post, follow @1000storieswines, comment and post a photo illustrating your own and unique story, add #1KSStory to your post, and follow instructions on the Instagram® Sweepstakes post to enter (an “Entry”) for a chance to win. Note: Commenting on the rules, replying to any Entries made by other personal Instagram accounts, or sharing the Post are not valid methods of Entry. Limit one (1) Entry per Instagram account holder. Any Entries received in excess of the entry limit or duplications of the same Entry will be disqualified.
Instagram® Account: Each Entry must be made with a valid and active personal Instagram® account. An Entrant’s Instagram® account must be able to receive messages from Sponsor during the Sweepstakes Period. Sponsor reserves the right to disqualify, in its sole and absolute discretion, entries made through Instagram accounts that are used to perpetuate, solicit, or encourage fraud, unlawful activity, sexual activity, harassment, or spam or submit multiple Entries in excess of the Entry limitation. Sponsor discourages participants from creating multiple Instagram accounts to submit multiple Entries, and any participant doing so will have all of his or her Entries disqualified.
Registration for Instagram® can be obtained by going to the Instagram® website and entering the required information to register, or by downloading the application from an App Store and following the application’s onscreen instructions to open an account. Normal Internet access and usage charges imposed by your online service provider may apply. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Standard data rates may apply if entering via mobile device. Contact your online or phone service provider for details.
Content and Originality: Each Entry must be the original work of the Entrant and may not have previously been used in connection with any other sweepstakes, including this Sweepstakes or others involving Sponsor.
No Names and Likeness Without Permission: The Entry must not: (1) use individuals’ names, in whole or in part (except for the Entrant’s first name and another Instagram account holder’s first name); (2) refer to public figures, living or dead; (3) contain material that embodies the name, likeness, or other identifying element of any person, living, or dead, without first obtaining permission from said person.
No Illegal, Offensive, or Inappropriate Content: The Entry must not contain, in the sole and unfettered discretion of the Sponsor: (1) words, images, or statements considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group; (2) material that is unlawful, sexually explicit, or libelous; (3) content that violates the intellectual property rights of third-parties, including illegal use of a third-parties’ copyrights or trademarks; (4) content that commits any torts, including libel, defamation, and violations of rights of privacy and publicity; and (5) statements concerning any third-party products, made as comparisons to Sponsor’s products or otherwise, in connection with this Sweepstakes.
Sponsor reserves the right, in its sole and absolute discretion, to disqualify and/or request that the Entrant and/or Instagram remove the Entry if Sponsor believes that the Entry violates any of the requirements contained herein. Sponsor also reserves the right, in its sole and absolute discretion, to disqualify any Entrant that engages in inappropriate or harassing conduct on Sponsor’s Instagram page or on any other medium that is connected with this Sweepstakes.
Any Entry must comply with the Terms of Service for Instagram®. Further, no entrant will be eligible to receive the prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.
3. ELIGIBILITY. Open to legal residents of the U.S. and the District of Columbia who are 21 or older as of date of entry. Void where prohibited or restricted by law. Employees, directors, officers and agents of Sponsor and its parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and any alcoholic beverage industry producers, importers, wholesalers, distributors or licensed retailers, and members of the immediate families or households of any of the above are NOT eligible to participate. In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules, and all of the terms of Instagram®, and by entering you agree to be bound by these Official Rules and those terms, and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter.
4. PRIZE. One (1) Grand Prize will be awarded. The Grand Prize Winner will receive a $1,000 gift card (the “Grand Prize” or the “prize”). Winner must be 21 years or older. Approximate Retail Value (“ARV”) of the Grand Prize is one-thousand dollars ($1,000.00). Alcoholic beverages are not part of the prize. No assignment, transfer, cash redemption, or substitution of the prizes is permitted. The potential winner will be determined on or about March 10, 2020, in a random drawing from among eligible Entries. Sponsor’s decisions will be final and binding in all matters relating to this Sweepstakes. Odds of winning the Grand Prize will be determined by the total number of eligible Entries. The awarding of the Grand Prize is subject to verification of the potential winner’s eligibility. The potential winner will be notified by phone on or around March 15, 2020. Potential winner must provide Sponsor with a copy of a valid government issued ID (i.e. Driver’s License), and sign and return an Affidavit of Eligibility, a Liability Release, and, where permitted by law, a Publicity Release, within seventy-two (72) hours of notification. If potential winner cannot be reached, does not respond within 72 hours, or does not complete the required Affidavits and Releases, the Grand Prize will automatically be forfeited and an alternate potential winner may be selected at Sponsor’s sole discretion.
6. GENERAL CONDITIONS. This Sweepstakes is subject to all applicable federal, state and local laws and regulations.
USE OF ENTRY: By entering the Sweepstakes and submitting an Entry, each Entrant hereby: (i) grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, irrevocable, fully paid, license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, modify, edit, display the Entry in connection with the Sweepstakes, or any portion thereof or otherwise use the submission, in whole or in part in any media now known or hereafter devised; (ii) authorizes the Sponsor and any entities affiliated with the Sponsor to utilize the Entry in any manner they see fit; and (iii) waives all moral and publicity rights in and to his or her image or video included in the Entry in favor of the Sponsor. Entrant is responsible for obtaining all necessary permissions, and all releases and consents necessary to permit the use and exhibition of the submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. 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 if requested may result in disqualification of the Entry. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the use of Entry as set forth herein.
ELECTRONIC SUBMISSIONS: In the event of a dispute, entries will be deemed made by the authorized account holder of the Instagram® account submitted at time of entry. Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete, illegible or indecipherable entries due to, among other things, system errors or failures or otherwise, or faulty transmissions or other telecommunications malfunctions, bugs and/or problems related to the online entry; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur or be encountered by entrants in the entry process, or by Sponsor in the administration of the Sweepstakes or the processing of entries, including computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; or (f) any injury or damage to persons or property (including death) which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Sweepstakes or receipt or use of any prize. Sponsor may disqualify or prohibit an entrant from participating in the Sweepstakes or receiving any prize if, in Sponsor’s sole discretion, Sponsor determines or suspects that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs, or creating aliases to register more than once) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an Instagram® account by Instagram®.
CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR’S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR’S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
PRIZE CONDITIONS: Federal and state income taxes may apply and are the sole responsibility of the prize winner(s), regardless of whether the prize is used in whole or in part. An IRS form 1099 may be issued in the name of the winner(s) for the actual value of the prize received. No assignment, transfer, cash redemption, or substitution of the prizes is permitted, but Sponsor reserves the right to substitute a prize for one of comparable or greater value. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. Allow 4-6 weeks for the mailing of the prize. If the prize is lost, destroyed, or stolen it will not be replaced.
GENERAL LIABILITY RELEASE: If for any reason this Sweepstakes is not capable of running as planned, the Sponsor reserves the right at its sole and absolute discretion, to disqualify any individual, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Sweepstakes prize using all non-suspect eligible entries, or in any manner that is fair and equitable. Entrant further agrees that Sponsor and Instagram, LLC. shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Sweepstakes, or any Sweepstakes-related activity. By participating, all entrants release Sponsor, Instagram, LLC., their parents and subsidiaries, affiliates, partners, employees, officers, directors, and agents, including advertising agencies, and all others associated with the development and execution of the Sweepstakes (collectively, the “Released Parties”) from any and all injury, loss, or damage caused or claimed to be caused by your participation in the Sweepstakes and/or acceptance, awarding, receipt, use and/or misuse of the prize. In addition, Entrant releases the Released Parties from any such liability and agree that these entities are in no manner responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or prize. Entrant hereby agrees to indemnify and hold Sponsor harmless from and against any third-party claims, actions or proceedings of any kind and from any, and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above. Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
CHOICE OF LAW: Except where prohibited by applicable law, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate California federal or state courts located in the County of San Francisco, California. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, indirect, lost profits, or consequential damages, or any other damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Sweepstakes, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California. By entering, Entrants consent to the exclusive jurisdiction and venue of the federal and state courts located in San Francisco, California.
7. WINNER’S LIST. For the winner’s list, please send a self-addressed stamped envelope to: Fetzer Vineyards, Legal Department, P.O. Box 611, 12901 Old River Road, Hopland, CA 95449. All requests for the winner’s list must be postmarked by February 29, 2020. Requests will be fulfilled after winners are verified.
9. SPONSOR. This Sweepstakes is sponsored by Fetzer Vineyards, Hopland, Mendocino Co., CA. Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Instagram®. The information you provide in connection with this Sweepstakes is being provided to the Sponsor and not to Instagram, LLC. Such information will be used for purposes of this Sweepstakes.
Copyright ©2019 FETZER VINEYARDS, HOPLAND, MENDOCINO CO., CA. All rights reserved.
The INSTAGRAM® trademark and site are owned by INSTAGRAM, LLC. INSTAGRAM, LLC is not a party to this Sweepstakes, 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.