Need a QR Code? Send a request to CupcakeSummerSweeps@avidinc.com for your custom link and entry into the Summer of Joy Sweepstakes!
CUPCAKE VINEYARDS 2024 SUMMER OF JOY 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. US RESIDENTS (INCLUDING PUERTO RICO), MUST BE 21 OR OLDER TO ENTER. CANADIAN RESIDENTS MUST BE OF LEGAL DRINKING AGE IN THEIR PROVINCE OF RESIDENCE IN ORDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF ANY 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 WINES.
BY PARTICIPATING IN THE SWEEPSTAKES, 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. SPONSOR AND ADMINISTRATOR: The Cupcake Vineyards 2024 Summer of Joy Sweepstakes (the “Sweepstakes”) is sponsored by The Wine Group LLC, doing business as Cupcake Vineyards, 4596 Tesla Road Livermore, CA 94550 (the “Sponsor”). The sweepstakes is administered by Avid Marketing Group, 100 Corporate Pl #200, Rocky Hill, CT 06067 (the “Administrator”).
2. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the fifty (50) United States, including the District of Columbia and Puerto Rico, who are 21 years of age or older at the time of entry, and Canada, excluding Quebec, who are of the legal drinking age in their province of residence at the time of entry. Internet access and valid e-mail address required for participation. No purchase of alcohol or purchase of any kind is necessary to enter or win. A purchase does not increase your chances of winning. Void in Quebec and where prohibited or restricted by law. The Sweepstakes is being conducted as a consumer sweepstakes in accordance with California Business and Professions Code Sections 17539.15 and 25600.2 and in accordance with Canada’s Competition Act and Section 206 of the Criminal Code. All federal, state, provincial, and local laws and regulations apply. The following individuals are not eligible to participate in the Sweepstakes: residents of Quebec; employees, contractors, directors and officers of Sponsor and its parent, subsidiaries and affiliated companies, alcoholic beverage distributors, alcoholic beverage wholesalers, alcoholic beverage retailers, other alcoholic beverage suppliers, provincial liquor authorities and any agencies involved in the administration, development and fulfillment of the Sweepstakes including, but not limited to, web design, advertising, marketing, public relations, and prize fulfillment companies (including Administrator), and the immediate family members (spouse, domestic/life partner, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual.
3. SWEEPSTAKES ENTRY PERIOD: There are two (2) related sweepstakes entry period categories.
- Grand Prize Entry Period: The Grand Prize Entry Period begins at 12:00:00 a.m. Pacific Time (“PT”) on May 27, 2024 and ends at 11:59:59 p.m. PT on September 2, 2024 (the “Promotion Period”). All eligible entries submitted during the Grand Prize Entry Period are eligible to win the Grand Prize.
- Instant Game Play Entry Periods: There are eleven (11) randomly-selected Instant Game Plays during each day during the Promotion Period. A “day” is defined as beginning at 12:00:00 a.m. and ending at 11:59:59 p.m.
4. HOW TO ENTER:
There are a number of ways to enter:
- Scan QR Code on Bottles: Using a mobile device, scan the QR code found on the underside of screw-top caps of select 750 milliliter bottles of Cupcake Vineyards, Cupcake Lighthearted, and Cupcake Signature Sweets Sweet Red wine. QR codes are not found on bottles of Cupcake Vineyards Malbec, Riesling, Angel Food, all sparkling wines, Moscato d’Asti, and Cupcake Signature Sweets Peach wines. Upon scanning the QR code, the user will be taken to the Cupcake Vineyards Summer of Joy website (the “Website”). First time users of the Website will be asked to complete the required fields to be entered into the Sweepstakes for the first time (“Base Entry”). Each QR code found on the underside of screw-cap tops can be scanned by up to four (4) Individual Users to enter the Sweepstakes. “Individual Users” are defined as individual persons each with their own unique e-mail addresses. Each QR code can be scanned for one or more Sweepstakes entries just one (1) time by up to four (4) individuals in each twenty-four (24) hour period starting at 12:00:00 a.m. PT on May 27, 2024 until 11:59:59 p.m. PT on September 2, 2024.
- Alternative Methods of Entry (AMOE) Without Purchase:
- Send an e-mail request to CupcakeSummerSweeps@avidinc.com and include your first and last name, date of birth, zip or postal code, and photo identification for age verification to receive one (1) unique link to the Sweepstakes URL. The link will be sent to the applicant via e-mail. By clicking on the link, the user will be taken to the Website where they can complete the required fields to be entered into the Sweepstakes drawing for the first time (their “Base Entry”) and/or engage with brand for additional entries as set forth below under “Additional Entries”. Requests for links from clubs or organizations will not be accepted. Each QR code can be scanned by up to four (4) Individual Users to enter the Sweepstakes. Each unique link may be used for one or more Sweepstakes entries just one (1) time by up to four (4) individuals in each twenty-four (24) hour period starting at 12:00:00 a.m. PT on May 27, 2024 until 11:59:59 p.m. PT on September 2, 2024.
- Visit an on-premise establishment such as a restaurant or bar where Cupcake Vineyards Summer of Joy advertising material is available. This advertising material includes, but is not limited to, table tents, coasters, etc., and will have a QR code. Upon scanning the QR code, the user will be taken to the Cupcake Vineyards Summer of Joy website (the “Website”). First time users of the Website will be asked to complete the required fields to be entered into the Sweepstakes for the first time (“Base Entry”).
All Entries become the property of Sponsor. The Website Terms of Use and Privacy Policy apply to your use of the Website. Please read them carefully.
There is no advantage to an entrant’s odds of winning in using QR codes found on select bottles of Cupcake Vineyards wines as compared to the unique link from AMOE without purchase.
Total QR codes and links per individual/email address is limited to twenty (20) for the entire sweepstakes period, whether QR Code is received under cap, or unique link from AMOE without purchase, or a combination of the preceding. Any additional codes scanned and/or links clicked will not work if you have already registered for the sweepstakes and have utilized the twenty (20) QR Code/link maximum for the sweepstakes.
Upon entering the Sweepstakes, each entrant will be asked to select a weekly prize destination. In the event they are declared a Weekly Prize winner, they will be awarded the prize destination they selected subject to the terms of these Official Rules.
After submission of a “Base Entry” by completing the required fields of the Sweepstakes entry form, additional sweepstakes entries (“Additional Entries”) are given to entrants for the following activities:
- One (1) additional sweepstakes entry will be given to entrants who click on the Sweepstakes Website. Only one (1) additional entry will be given in each twenty-four (24) hour period. Entrants may visit the Sweepstakes Website each day of any of the entry periods for a maximum of one (1) additional entry each day (12:00 a.m. PT to 11:59:59 p.m. PT).
- One (1) additional sweepstakes entry will be given to entrants who click on the button/tab for the Augmented Reality (AR) Travel Trivia application on the Website. Only one (1) additional entry will be given in each twenty-four (24) hour period. Entrants may visit the Website each day of any of the entry periods and click on the AR Travel Trivia application for a maximum of one (1) additional entry each day (12:00 a.m. PT to 11:59:59 p.m. PT).
- One (1) additional sweepstakes entry will be given to entrants who click on the button/tab to enter the AR Travel Persona quiz on the Website. Only one (1) additional entry will be given in each twenty-four (24) hour period. Entrants may visit the Website each day of any of the entry periods and click on the AR Travel Persona quiz for a maximum of one (1) additional entry each day (12:00 a.m. PT to 11:59:59 p.m. PT).
- One (1) additional sweepstakes entry will be awarded to entrants who click on the button/tab to enter the AR Wine Talks section on the Website. Only one (1) additional entry will be given in each twenty-four (24) hour period. Entrants may visit the Website each day of any of the entry periods and click on the AR Wine Talks section for a maximum of one (1) additional entry each day (12:00 a.m. PT to 11:59:59 p.m. PT).
- One (1) additional sweepstakes entry will be awarded to entrants who click on the button/tab to enter the AR Wine Education section on the Website. Only one (1) additional entry will be given in each twenty-four (24) hour period. Entrants may visit the Website each day of any of the entry periods and click on the AR Wine Education section for a maximum of one (1) additional entry each day (12:00 a.m. PT to 11:59:59 p.m. PT)
For clarity, to receive an Additional Entry via methods listed above, a person only needs to click on the corresponding button/tab and is not required to actually engage in the underlying activity.
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.
Mass entry attempts may result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified.
By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Sweepstakes Entities (as defined below) from any action or liability resulting from your participation in the Sweepstakes and/or any other information included in any entry. Normal internet access and usage charges imposed by the entrant’s internet service provider may apply and are the entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by the entrant’s phone service provider may apply and are the entrant’s sole responsibility.
5. INSTANT WIN PRIZE REVEAL GAME PLAY: : Upon submitting a Base Entry, entrant will receive one (1) Instant Win Prize Reveal Game Play. Entrant may then follow the instructions to play the Instant Win Prize Reveal Game by interacting with the AR experience. Entrant will receive a “Win” or “Lose” message after following the prompts in 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. Entrants may return to the Website each day during the Promotion Period and can opt to play the Instant Win Prize Reveal Game. Each entrant is limited to one (1) Instant Win Prize Reveal Game play per day.
6. LIMIT ON NUMBER OF ENTRIES: Regardless of the method of participation, there is a limit of one (1) Sweepstakes Base Entry during the Promotional Period, and four (4) Additional Entries per person, per day during the Promotional Period. Each QR code may be used up to four (4) times per day by four (4) individual entrants. Individual entrants cannot enter from two or more different email addresses and 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.
7. 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 Sweepstakes 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.
8. Odds Of Winning:Odds of winning are dependent upon the number of eligible entries received during each of the entry periods.
9. Sweepstakes Prizes:
- Grand Prize: The Grand Prize is US$50,000.00 to be awarded to one (1) Grand Prize winner via wire transfer or cheque, determined at the sole discretion of the Sponsor. Payments will be subject to bank, currency conversion and wire transfer fees, as applicable.
- Instant Win Prizes: There are 1,078 Instant Win Prizes. During each day of the Promotion Period, eleven (11) Instant Win Prizes will be awarded. Each entrant is eligible to win only one (1) Instant Win Prize during the Promotional Period.
–A mini camera (ARV: US$80.00 each)
–A blanket (ARV: US$30.25 each)
–Travel bottle carrier (ARV: US$25.00 each)
–Passport holder (ARV: US$9.07 each)
–Virtual Mastercard® Prepaid Card (ARV: US$25.00 each)
The ARV of all the prizes as awarded is US$107,217.32.
The actual value of the prizes (each a “Prize” and collectively, “Prizes”) depends on market conditions at time of fulfillment. Any difference between ARV and actual value will not be awarded. All prize details will be determined by Sponsor in its sole discretion.
No cash equivalent will be provided in lieu of acceptance of the Prizes as described in these Official Rules. The preceding excludes the cash redemption the Visa gift cards, to the extent required by applicable law. Card is issued by Pathward, N.A., Member FDIC, pursuant to a license from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. No cash access or recurring payments. Can be used everywhere Mastercard debit cards are accepted. Card valid for up to 6 months; unused funds will forfeit after the valid thru date. Card terms and conditions apply.
In the event that a prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded.
Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
10. PRIZE PROVISIONS: ALCOHOL IS NOT PART OF ANY PRIZE. Prize winners are not entitled to exchange or transfer prizes or to obtain other substitutes, provided, however, Sponsor reserves the sole right to substitute prizes or portions thereof of equal or greater value if a Prize listed or any portion thereof is unavailable for any reason. The Prizes are awarded “as is” and without any warranty, except as required by law. Any terms and conditions of the gift cards, as determined by the issuing financial institution or retailer, will apply; such gift card issuer will be determined by Sponsor in its sole discretion. Limit one (1) prize per category (including Grand Prize) per person.
For U.S. Winners (including Puerto Rico), all applicable taxes on the Prizes are the sole responsibility of the Winners. An Internal Revenue Service form 1099 reflecting the actual value of the prize won will be issued in the Winner’s name if required by law.
11. PRIZE DRAWING PERIODS: There are two (2) different types of prize drawing periods as follows:
- Grand Prize Drawing Period: he Grand Prize Drawing Period will take place on or around Tuesday, September 3, 2024. All eligible entries submitted during the Grand Prize Entry Period are eligible to win the Grand Prize. One (1) Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Grand Prize Entry Period.
- Instant Win Drawing Periods: There will be eleven (11) random, computer-generated winning times during each day of 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.
12. WINNER NOTIFICATION AND VERIFICATION:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR/ADMINISTRATOR OFFICIALLY CONFIRMS HIM/HER/THEM AS A WINNER IN ACCORDANCE WITH THESE RULES.
Grand Cash Prize: The potential Grand Prize winner will be notified on or about September 3, 2024 by email from Administrator’s email address which is CupcakeSummerSweeps@avidinc.com. An Affidavit of Eligibility, Liability and Publicity release (except where prohibited by law) (the “Affidavit”) will also be sent to the Grand Prize winner via email from the Administrator.
To be declared a winner, the potential Grand Prize winner must comply with these Official Rules and, within seven (7) business days, accept his/her/their prize by signing, notarizing and returning to the Administrator via email, a completed Affidavit of Eligibility, Liability and Publicity release (except where prohibited by law). Should the potential winner reside in Canada, the potential Grand Prize winner must also correctly answer a time-limited four-part mathematical skill-testing question without assistance of any kind (whether mechanical or otherwise). Once the Grand Prize Winner is declared by the Sponsor/Administrator, the Grand Prize will be paid by electronic wire or cheque within eight (8) weeks of receipt and approval of the Affidavit.
If the Administrator’s email notifying the potential Grand Prize winner of the Grand Prize returns as undeliverable, or the potential Grand Prize winner cannot be located or contacted, declines the Grand Prize or does not meet all the conditions set forth above (including for Canadian potential winner if he/she/they incorrectly answers the skill-testing question), then that person’s entry may result in disqualification and the Grand Prize is forfeited.
Instant Win Prizes:
The potential Instant Win Game Winners will receive an on-screen notification and will be provided instructions on how to claim their prize. Potential Instant Win Game winners will be required to provide their complete mailing address for prize fulfillment purposes. If a complete mailing address is not provided when prompted, the prize may be forfeited. Canadian potential winners must correctly answer a time-limited four-part mathematical skill-testing question without assistance of any kind (whether mechanical or otherwise) before being declared an Instant Win Game Prize Winner. Skill-testing question will be emailed to potential winners at the email address provided during registration. Prizes will be fulfilled within 6-8 weeks after winner verification.
For all Prizes: 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, 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.
Personally identifiable information, including entry information received, will be used to verify eligibility and award the prize. Sponsor reserves the right to verify that the winners are eligible and qualified to receive their prize and may revoke any prize awarded or designated to a person found ineligible.
In the event of any dispute concerning the identity of the submitter of an entry, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting account. Sponsor and its agencies (including Administrator) are not responsible for notifications that are misdirected because contact details as provided by the entrant are no longer correct, or for any other reason beyond the exclusive control of the Sponsor.
13. GENERAL RULES/VERIFICATION: By acceptance of the prize, each winner grants permission to the Sponsor and its agencies (including Administrator) to use his/her name, city, state, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, entrants/winners hereby agree, release, discharge, and hold harmless Sponsor and its parent, subsidiary and affiliated companies, advertising and promotional agencies (including Administrator), provincial liquor authorities, and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the “Sweepstakes Entities”) from any and all injuries, loss, claims or damages arising out of an entrant’s participation in the Sweepstakes and/or Winners’ acceptance or use or misuse of prize(s). By participating in the Sweepstakes, entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that the entrants shall defend and hold the Sweepstakes Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential, or punitive damages to persons or to property arising out of the prizes awarded hereunder. Without limiting the foregoing, everything regarding the Sweepstakes, including the Website/any websites used in connection therewith and the prizes awarded hereunder, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by the Sweepstakes Entities.
If for any reason the Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. In the event the Sweepstakes is cancelled, terminated, or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Prizes from among all eligible entries received prior to cancellation. Any attempt by an entrant to deliberately damage the Website, any website involved in the Sweepstakes, or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including, without limitation, criminal prosecution, and damages, including, without limitation, attorneys’ fees and expenses, from any such entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including, without limitation, any injury or damage to an entrant’s or any other person’s computer, tablet or mobile device related to, or resulting from, participation in or downloading any materials related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of the prizes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with an entry, to be violating these Official Rules, or to be acting in a disruptive manner. In no event will the Sponsor be obligated to award more than the Prizes described herein.
In Canada, the provincial liquor agencies are not in any way associated with this Sweepstakes nor are they liable in any way whatsoever in regard to any matter which relates to this Sweepstakes.
14. RULES/NAME OF WINNER:A copy of these Official Rules can be found on the Website. For a winner list, send a self-addressed-stamped envelope to: Cupcake Vineyards Summer of Joy Sweepstakes – Winner List – TWG4669062W, c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008, Requests must be received by October 6, 2024.
15. DISPUTES: 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.
15. CHOICE OF LAW: 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.
16. SEVERABILITY: If any provision of these Official Rules becomes or is declared by the arbitrator 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 arbitrator (or, if such arbitrator 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.
17. 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.
Sponsor: © 2024 Cupcake Vineyards, Livermore, CA
Please enjoy responsibly.