OFFICIAL RULES, “Ticket Giveaway Rules”.
NO PURCHASE OR OTHER CONSIDERATION IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. VOID IN ALASKA, HAWAII, FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, GUAM AND IN ALL OTHER TERRITORIES WHERE PROHIBITED BY LAW. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
SWEEPSTAKES NAME: Ticket Giveaways (“Sweepstakes”).
SPONSOR and ADMINISTRATOR: The Sponsor of the Sweepstakes is Latitude 38 Entertainment, LLC (“Sponsor”). Sponsor is collectively referred to herein as “Sweepstakes Entities.” Sponsor will conduct the Sweepstakes substantially as described in these Official Rules. By participating in the Sweepstakes each entrant agrees as follows:
ENTRY PERIOD: The Sweepstakes begins at 9:00 AM PT on February 4th, 2019 and ends at 11:59 PM PT on February 28, 2019.
METHOD OF ENTRY: Enter via Internet by completing the registration form. Entrants will be asked to enter their email and/ or complete social media tasks for a chance to win. Entrants must be the registered subscriber of the email account from which the entry is made.
No third party entry or entry through Sweepstakes service permitted. All entries become the property of the Administrator and none will be acknowledged or returned. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Administrator, will be disqualified. All entries become the property of Sponsor and Administrator, and none will be acknowledged or returned.
If, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, and/or the Sweepstakes is not capable of being conducted as described in these Official Rules, Sweepstakes Entities shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Sweepstakes, and conduct a random drawing to select the prize winners from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by Sweepstakes Entities. If the Sweepstakes is cancelled, modified, suspended or terminated, notice will be posted on the Web Site (www.bottlerocknapavalley.com). Sweepstakes Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law. At the Sweepstakes Entities’ sole discretion, Sweepstakes winners and their guests may be disqualified at any time.
ELIGIBILITY: The Sweepstakes is open only to natural persons who are legal residents of the United States of America who are eighteen years of age or older at the time of entry. Sweepstakes Entities and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Sweepstakes including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute about the identity of an entrant, each entry will be declared made by the registered account holder of the e-mail address submitted at time of entry. The registered account holder is deemed to be the natural person who is assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any winning entry, the winner may be required to provide Administrator with proof that the person is the registered account holder of the e-mail address associated with the winning entry. By entering the Sweepstakes, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Questions about eligibility will be determined by documentary evidence (either a valid driver’s license, state ID card, or U.S. passport). No more than one entry per e-mail address will be eligible. No employee or immediate family member of Sponsor is eligible to enter the Sweepstakes. All applicable federal, state, and local rules apply. Participants are required to provide truthful information to Sponsor and Sponsor may use discretion to disqualify and/or remove participants if it is believed a participant is acting fraudulently.
Limit one (1) entry per email address during Sweepstakes Dates. Other restrictions may apply.
A total of one grand prize winners will win a pair of 3-Day (May 24-26, 2019) General Admission passes to BottleRock Napa Valley 2019.
Retail Value of one pair of 3-Day General Admission pass: Seven Hundred and Ninety US Dollars ($790) (the “Prize”). No airfare or accommodation will be offered as part of this giveaway. Any difference between stated approximate retail value and actual value of prize will not be awarded. All other expenses relating to the Prize not specified are the sole responsibility of the winner. No cash equivalent is available, tickets are non-transferable, nor will tickets be replaced if lost or stolen.
Winners must redeem Prize during the 2019 event dates (05/24/19-05/26/19) or forfeit all rights to the Prize. No substitution or transfer of Prize permitted except as provided in these Rules. No more than the total number of Prize(s) specified in these rules will be awarded.
There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, travel expenses, if any, are the sole responsibility of winner. Prizes may not be transferred or assigned except to a surviving spouse living in the same household. Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Administrator reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize.
Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.
PRIZE CONDITIONS: The Prize is awarded as is. Participant acknowledges that the Sponsor has not made, nor is in any manner responsible or liable for, any warranties, representations, or guarantees. Sponsor disclaims any and all warranties, express or implied, in fact or in law, whether now or hereafter enacted concerning any Prize, including implied warranties of quality, merchantability, or fitness for a particular purpose as may be separately provided to participant by law. If due to circumstances beyond the control of Sponsor, the Prize-related Festival is delayed, rescheduled, postponed, or cancelled, Sponsor reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Sweepstakes and is not required to award a substitute Prize.
SELECTION OF WINNERS: Winners will be selected on or about February 28th, 2019, in a random drawing from among all eligible entries received. The drawing will be conducted by Administrator, whose decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means.
Odds of winning a prize depend on the number of eligible entries received. Potential winners will be notified by telephone, e-mail and/or regular mail and must meet all eligibility requirements. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner by telephone or e-mail within seventy-two (72) hours of selection, may result in disqualification of such potential winner, and an alternate winner may be selected by random drawing at Administrator’s discretion. In the event a winner declines a prize, Administrator may, at its discretion, select an alternate winner by random drawing.
PUBLICITY, PRIVACY & PRIZE NOTIFICATION: Except where prohibited by law or regulation, by submitting an entry, entrant grants the Administrator a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, and likeness in connection with the promotion of this and other Sweepstakes, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Administrator’s use thereof, unless prohibited by law.
Entrants agree that the Administrator may disclose to third parties all personal information obtained from entrants and use such information for marketing and other purposes.
GENERAL CONDITIONS: The Sweepstakes is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually received by 11:59 p.m. PT on February 28, 2019, during the specified Sweepstakes entry period, will be included in the prize drawing. For purposes of these Official Rules, “receipt” of an online entry occurs when Administrator’s servers record the entry information upon entrant’s connecting through the Facebook connect page or when the Administrator receives the entrant’s first entry form at the address above. Any automated computer receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. By participating, each participant agrees: (a) to these Rules and the decisions of Sponsor, which are final in all respects as related to the Sweepstakes; (b) the participant is at least 18 years or older; (c) the participant has not engaged in any fraudulent activity in participating in the Sweepstakes; and (c) the Prize winner will be responsible for any taxes assessed on their winnings by any federal, state, local, or governmental agency. Sponsor will notify the Internal Revenue Service of all winnings to the extent required by law.
ERRORS AND UNAUTHORIZED ACTIVITY: Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any portion thereof should virus, bugs, or other causes beyond the Sponsor’s control corrupt the administration or security of the Sweepstakes.
Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address. Any winner who enters by any means of the methods described above will be disqualified and an alternate winner will be selected. Sponsor reserves the right in its sole discretion to disqualify any entry at any time if Sponsor determines that the entrant has not complied with these Rules.
Sponsor, BottleRock Napa Valley, and their respective parents, subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected or ineligible entries, which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Sweepstakes. ANY PERSON ATTEMPTING TO DEFRAUD
ADMINISTRATOR OR SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION
OF THE SWEEPSTAKES WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
LIMITATION OF LIABILITY & RELEASE: PARTICIPATION IN THE SWEEPSTAKES AND/OR ACCEPTANCE OF THE PRIZE CONSTITUTES PARTICIPANT’S AND/OR WINNER’S AGREEMENT TO RELEASE, DISCHARGE, AND HOLD HARMLESS SPONSOR, LATITUDE 38 ENTERTAINMENT, LLC, BOTTLEROCK NAPA VALLEY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY THE “SPONSOR RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL INJURIES, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND ARISING DIRECTLY OR INDIRECTLY FROM THE PRIZE AND
PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, WHICH MAY OCCUR IN CONNECTION WITH THE PARTICIPATION IN THE SWEEPSTAKES, ACCEPTANCE, POSSESSION, USE, MISUSE, AND/OR NONUSE OF THE PRIZE THAT MAY BE AWARDED, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER DAMAGES. SPONSOR IS NOT LIABLE FOR ANY ENTRIES THAT ARE EITHER MISDIRECTED OR INCOMPLETE, IS NOT LIABLE FOR ANY LOSSES DUE TO ELECTRONIC OR COMPUTER MALFUNCTION, AND IS NOT RESPONSIBLE FOR ANY INJURIES OR LOSSES (1) OCCURRING DURING OR CAUSED BY PARTICIPATION IN THE SWEEPSTAKES, OR (2) CAUSED BY ANY PRIZE AWARDED. PARTICIPATION IN THE
SWEEPSTAKES CONSTITUTES WINNER’S CONSENT TO SPONSOR’S AND ITS AGENTS’ USE OF WINNER’S NAME, CREATIVE
WORD, LIKENESS, PHOTOGRAPH, VOICE, OPINIONS AND/OR HOMETOWN AND STATE FOR PROMOTIONAL PURPOSES IN ANY MEDIA, WORLDWIDE, WITHOUT FURTHER PAYMENT OR CONSIDERATION.
DISPUTES: Except where prohibited by law, by entering the Sweepstakes, each participant agrees that: (1) any and all disputes, claims, and causes of action (collectively “Claims”) arising out of the Sweepstakes or any Prize(s) will be resolved individually, without resort to any form of class action; (2) any Claims will be resolved exclusively by the federal courts located in San Francisco Bay Area; (3) any and all judgments and awards related to the Claims will be limited to actual out-of-pocket costs incurred and in no event will such costs include attorneys’ fees; and (4) no punitive, incidental, special, consequential, or other damages (including lost profits) (collectively “Special Damages”) will be awarded. Each participant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. All Claims, issues, and questions related to the construction, validity, interpretation, and enforceability of these Rules, or the right and obligations of participant and Sponsor in connection with this Sweepstakes, will be governed by the laws of the State of California, without regards to conflict of laws.
OFFICIAL RULES: For a copy of the Official Rules, mail a self-addressed stamped envelope to Latitude 38 Entertainment, 952 School Street #228, Napa, CA 94559 Attention: Jasa Laliberte.
Sweepstakes entrants are hereby authorized to copy these official rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.
WINNER’S LIST: A winner’s list is available only within sixty (60) days after the close of the Sweepstakes. Mail request to Latitude 38 Entertainment, 952 School Street #228, Napa, CA 94559 Attention: Jasa Laliberte, in order to obtain a winner’s list.
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Sweepstakes Entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Sweepstakes Entity or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
SWEEPSTAKES VOID WHERE PROHIBITED BY LAW.
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