Love is Wine Golden Goblet Sweepstakes

OFFICIAL RULES

NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF THE PRIZE.

REFERENCES TO ANY THIRD-PARTY ENTITY OR TRADEMARK DO NOT CONSTITUTE OR IMPLY, AND SHOULD NOT BE CONSTRUED AS, AN ENDORSEMENT OF THIS SWEEPSTAKES OR CUPCAKE VINEYARDS.
BY PARTICIPATING IN THE SWEEPSTAKES VIA THE METHOD DESCRIBED HEREIN, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO, AND COMPLY WITH, THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE SWEEPSTAKES WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.

1. Promotion Details
The Love is Wine Golden Goblet Sweepstakes (the “Promotion”), begins at 12:00 a.m. Pacific Time (“PT”) on February 1, 2024 and ends at 11:59 p.m. PT on April 30, 2024 (the “Promotion Period”). The Promotion includes both a Sweepstakes (the “Sweepstakes”) and an Instant Win Game (the “Instant Win Game”). Sponsor is the official timekeeper for this Promotion. Neither Netflix Inc nor any of its affiliated entities (collectively, “Netflix”) are sponsors of this Sweepstakes.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion.

2. Eligibility
This Promotion is open only to legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding Quebec).  For legal residents of the United States, entrants must be at least twenty-one (21) years of age at the time of entry.  For legal residents of Canada (excluding Quebec), entrants must be of legal drinking age in their province of residence at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, vendors (collectively, “Promotion Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, alcoholic beverage suppliers, wholesalers, distributors, and importers, and alcoholic beverage retailers are not eligible to enter or win. All applicable federal, provincial, territorial, state, and local laws and regulations apply. Void in Quebec and where prohibited or restricted by law.

3. Sponsor and Administrator
Sponsor: The Wine Group LLC, doing business as Cupcake Vineyards (“Sponsor”), 4596 Tesla Road Livermore, CA 94550, USA.

Administrator: Avid Marketing Group (“Administrator”), 100 Corporate Place, #200, Rocky Hill, CT 06067 USA.

4. How to Enter
There are two (2) ways to participate in the Promotion:

1. Scan QR Code on Bottles: Using a mobile device, scan the QR code found on the underside of screw-top caps of select 750ml Limited Edition Cupcake Vineyards Love is Wine Chardonnay. QR codes for this Promotion will not be found on bottles of other Cupcake Vineyards wines including still wines, sparkling wines, Moscato d’Asti, and Signature Sweets. Upon scanning the QR code found on the underside of screw-top caps of Limited Edition Cupcake Vineyards Love is Wine Chardonnay, the user will be taken to the Golden Goblet Sweepstakes website (the “Website”).
2. Alternate Method of Entry: To access the Website without scanning the QR code found on the underside of screw-cap tops of the Limited Edition Cupcake Vineyards Love is Wine Chardonnay, eligible entrants may send an email request to loveiswine@avidinc.com (“AMOE Request”). Each AMOE Request email must include your first and last name, date of birth, zip or postal code, and a photo identification for age verification to receive a link to the Website.

Upon receiving a link to the Website, eligible entrants must follow the links and instructions to complete the entry form which may include, but is not limited to, entrants full first and last name and a valid email address, and agreement to these Official Rules. Upon providing the required information, entrant will receive one (1) Sweepstakes entry and one (1) Instant Win Game Play. Entrant may then follow the instructions to play the Instant Win Game by interacting with the AR experience. Entrant will receive a “Win” or “Lose” message after the AR experience. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize is awarded.

Limit: Regardless of the method of participation, there is a limit of one (1) Sweepstakes entry and one (1) Instant Win Game play per person, per day, during the Promotion Period. Each QR code may be used up to four (4) times per day by four (4) individual entrants. Individual entrants are not permitted to share the same email address as other individual entrants. Any attempt by any entrant to obtain more than the stated number of Sweepstake entries and/or Instant Win Game plays using automated systems, multiple/different email addresses, identities, registrations, or any other methods will void that entrant’s Sweepstake entries and/or Instant Win Game plays and will result in disqualification.

Winning a prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of this Promotion, an entrant’s e-mail address will be the e-mail address submitted at the time of entry. Entrants will not be allowed to change their e-mail address.

NOTE ABOUT ENTERING SWEEPSTAKES VIA A DEVICE: When you use a Device and/or transmit data via a Device, standard data/text messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier and are your responsibility to pay. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance and are your responsibility to pay. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes if you have any questions or concerns. Not all carriers will participate. Check your Device’s capabilities for specific instructions.

5. Random Drawings and Winner Determination
Winner selection will be conducted by Administrator, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Promotion.

Grand Prize Sweepstakes Winner: Administrator will randomly select the potential Grand Prize Sweepstakes winner from all eligible entries received during the Promotion Period. There will be one (1) Grand Prize winner randomly selected on or around May 1, 2024, from all eligible entries received during the entire Promotion Period.

Instant Win Game Winners: There will be three hundred fifty-six (356) random, computer-generated winning times during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated, pending verification.

ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE 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 PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.

6. Prizes, Approximate Retail Value (“ARV”), and Odds of Winning

• A. Sweepstakes Prize:
  ONE (1) GRAND PRIZE: The grand prize is a trip for two (2) people to Playa Del Carmen, Mexico (“Grand Prize”). Grand Prize includes roundtrip, economy class air transportation for two (2) people (winner and 1 adult guest) from the major airport nearest prize winner’s home to Playa Del Carmen, Mexico, five (5) days, four (4) nights hotel accommodations (single room, double occupancy) at a hotel determined by Sponsor in its sole discretion, and roundtrip transportation to resort and airport. Selection of airline and any seat and/or room assignments are at the discretion of Sponsor/Administrator, airline and/or hotel personnel. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in the Grand Prize. All travel is subject to availability and restrictions. Winner and guest must travel on same itinerary. Trip must be booked and completed by December 31, 2025. Winner and guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S., Canada, or other government-issued passport, and a travel visa, if required) required for travel. Winner and guest must comply with all airline, U.S., Canadian and/or Mexican government regulations, and local government laws, rules and requirements, which may include, without limitation, wearing masks, proof of vaccination status, proof of negative Covid-19 test administered by an approved facility, and possible quarantine. Sponsor/Administrator shall not be liable for additional costs or expenses due to any quarantine requirements, including the cost of changing any travel or hotel arrangements, which shall be the sole responsibility of winner. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Sponsor/Administrator is not responsible for changes in schedule of any element of the prize, or for any expenses incurred as a consequence of flight cancellation or delay.

  There will be one (1) Grand Prize awarded at the conclusion of the Promotion Period. The ARV of the Grand Prize is US$7,255.00. The ARV may fluctuate depending upon winner’s point of travel origin and airfare fluctuations at the time of taking the trip. Any difference between stated approximate retail value and actual value of prize will not be awarded.

  The odds of winning the Sweepstakes prize depend on the number of eligible entries received during the Promotion Period.

• B. Instant Win Game Prizes:
  THREE HUNDRED FIFTY-SIX (356) INSTANT WIN GAME PRIZES: Each Instant Win Game Prize is one (1) Golden Goblet. There will be three hundred fifty-six (356) instant win game prizes awarded during the Promotion Period. The ARV of each Instant Win Game Prize is US$20.00.

  The odds of winning an Instant Win Game Prize will depend on the number of eligible entries received, the date/time of Game Play, and the number of prizes remaining available at the time of Game Play. There is a limit of one (1) Instant Win Game Prize per person during the Promotion Period.

For All Prizes: Sponsor/Administrator are not responsible for, and winners will not receive any difference between the actual value and ARV of the prize. The prizes offered and awarded are not redeemable for cash. Prize details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize becomes unavailable for any reason. Alcohol beverages are not part of the prize. Instant Win Game Prizes will be fulfilled within 6-8 weeks after winner verification. Sweepstakes Grand Prize winner will be contacted to arrange prize fulfillment details.

Total ARV: The total ARV of all prizes is US $14,375.00.

7. Verification of Potential Winners
Potential Grand Prize winner will be notified by email or phone after the random drawing date with instructions on how to claim the applicable prize. Before being declared a winner, the potential Grand Prize winner will be required to execute a declaration of Eligibility/Liability & Publicity Release and tax acknowledgment (“Declaration”), sent with the e-mail notification in order to formally accept the prize. Grand Prize winner must respond to the winner notification email and provide the completed Declaration and any other required winner documentation within three (3) calendar days. Potential Instant Win Game Prize winners will receive a win notification email (“Notification”) that will contain a link and unique code to a redemption portal. All potential Instant Win Game Prize winners must provide the required information in the redemption portal within five (5) business days of receiving the Notification email. The unique code will expire after five (5) business days.

Should a potential winner reside in Canada, the potential winner must also correctly answer a time-limited four-part mathematical skill-testing question without assistance of any kind (whether mechanical or otherwise). If any prize notification is returned as undeliverable, or if a potential winner fails to complete the prize claim documents within the stated time period (if/as applicable), does not comply with these Official Rules, or if the potential prize winner cannot accept the prize as stated, or if a potential prize winner fails to correctly complete the skill-testing question (if applicable), the corresponding prize will be forfeited in its entirety. Sponsor may choose to award the prize (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Administrator/Sponsor will make best efforts to award all prizes. If a prize remains unawarded after three (3) re-draws, the applicable prize will remain unawarded.

For US winners: ANY WINNER OF A PRIZE VALUED OVER US$600.00 WILL BE ISSUED A FORM 1099, AS APPROPRIATE, FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY NUMBER, AS APPROPRIATE, AND AS REQUIRED BY LAW. ALL FEDERAL, STATE, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.

8. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Promotion; (b) except where prohibited, release and hold harmless Sponsor, Administrator, Netflix, Inc., Netflix Studios, LLC and all Netflix affiliates, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, illness, death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) except where prohibited, indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.

Any personally identifiable information collected during an entrant’s participation in the Promotion will be collected by Sponsor, Administrator or other Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Promotion as described in these Official Rules.

9. Publicity
Except where prohibited, participation in this Promotion constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any medium, worldwide, without further payment or consideration.

10. General Conditions
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, illegible, garbled or damaged entries, prize claims, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries or prize claims, the announcement of the prize or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Administrator in its sole discretion. Upon cancellation or termination of the Promotion for any reason, Sponsor and Administrator shall have no obligation to award prizes or compensation of any kind. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the entrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

11. Limitations of Liability
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 Promotion; (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 Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries/game plays; 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry/game play is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes and/or Game Play, provided that if it is not possible to award another entry/game play due to discontinuance of the Promotion, 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. In the event that production, technical, seeding, programming or any other reasons cause more than the 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.

12. Choice of Law and Disputes
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of California, U.S.A. or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.

To the fullest extent permitted by law, entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the awarding of prizes (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) Entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, Entrant and Sponsor shall enter into arbitration proceedings in San Francisco, California, U.S.A. before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. ENTRANTS UNDERSTAND AND AGREE THAT IN AGREEING TO RESOLVE DISPUTES VIA ARBITRATION, THEY ARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN A COURT OF LAW. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees or expenses or other costs related to litigation; (4) Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased as well as any right to equitable relief.

13. Privacy Policy
Provision of information online is governed by Cupcake Vineyard’s privacy policy (“Privacy Policy”), accessible at https://www.cupcakevineyards.com/privacy-policy/. If you do not agree with the policy, do not participate in the Promotion or otherwise use the Website.

You are providing your information to Sponsor. All personal information collected by Sponsor will be used only for the administration of the Sweepstakes. In addition, U.S. entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy. Canadian entrants may also receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s Privacy Policy provided that they opted in or consented to receive such email. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM and CASL guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s Privacy Policy for important information regarding the collection, use and disclosure of personal information by Sponsor.

14. Severability
If any provision of these Official Rules becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from these rules and such court (or, if such court refuses to do so, the Sponsor) will replace such illegal, void or unenforceable provision of these Official Rules with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Official Rules shall remain in place and enforceable in accordance with their terms.

15. No Waiver
The failure of Sponsor to assert any right hereunder, or to insist upon compliance with any term or condition of these Official Rules shall not constitute the waiver of that right or excuse the subsequent performance or non-performance of any such term or condition by entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules.

16. Winners List
For a list of winners, send a hand-printed, self-addressed, stamped envelope to “TWG5764050W Golden Goblet Sweepstakes – Winner List” c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008, or send an email to sweepsteam@avidinc.com. Requests must be received by July 1, 2024.

Sponsor: © 2024 Cupcake Vineyards, Livermore, CA