FETZER FRIENDSGIVING SWEEPSTAKES 2021 RULES
SWEEPSTAKES PERIOD. The Fetzer Friendsgiving Sweepstakes 2021 (the “Sweepstakes”) begins at 12:01 a.m. Pacific Time (“PT”) on November 1, 2021 and ends at 11:59 p.m. PT on November 30, 2021 (the “Sweepstakes Period”). All entries must be time stamped by November 30, 2021 at 11:59:59pm PT. Sponsor’s clock shall be the official timekeeper for this Sweepstakes. Limit one (1) entry per person, per day.
HOW TO ENTER. There is one (1) way to enter this Sweepstakes. Access the Sweepstakes application by visiting https://hp2win.com/GIVINGOL/ or scanning the Sweepstakes QR Code® and following the online instructions to complete and submit the on-line entry form with all required information to receive one (1) Entry in the Sweepstakes (“Entry Method”). The entry form may require entrant information, including name, date of birth, email address, phone number, and street address. A completed entry via the Entry Method shall be referred to herein as the “Entry” or the “Submission.” Incomplete entry forms will not constitute an Entry or
Normal Internet access and usage charges imposed by your online service provider may apply. If you choose to enter the Sweepstakes by using a mobile device: Message and data rates apply. You may be charged by your wireless carrier for entering the Sweepstakes via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE entering the Sweepstakes via mobile device. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas.
An entrant’s email address 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 email 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 email accounts to submit multiple Entries, and any participant doing so will have all of his or her Entries disqualified.
*QR Code® is a registered trademark of Denso Wave Incorporated and is used herein solely for reference purposes. No endorsement, sponsorship or other affiliation is intended or implied by such use.
LIMIT ONE (1) ENTRY PER PERSON, PER DAY OF THE SWEEPSTAKES PERIOD FOR THE SWEEPSTAKES.
Violation of this entry limit will result in only the initial entry per day being accepted. But, Sponsor reserves the right to void all entries (and disqualify entrant from the Sweepstakes altogether as well as to prohibit such entrant from participating in future promotions offered by Sponsor) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant or repeated violations of the entry limit. Proof of submission of entry does not constitute proof of receipt of same or proof of entry. All entries become the sole property of the Sponsor. Sponsor and its agencies assume no responsibility for late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled entries/text messages/SMS transmissions, or any technical failures regardless of cause; and, all such entries are void.
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, affiliates, subsidiaries, advertising and promotion agencies (including HP2 Promotions), prize suppliers, 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 by entering you agree to be bound by these Official Rules and terms, and the decisions of Sponsor and HP2 Promotions (the independent judging organization), whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter.
PRIZE. ONE (1) Grand Prize will be awarded. The Grand Prize Winner will receive ONE (1) $500.00 Gift Card (Gift Card Issuer will be chosen by Sponsor at its sole discretion and Gift Card is subject to terms and conditions of use as indicated thereon). Approximate Retail Value (“ARV”) of the Grand Prize is Five Hundred Dollars ($500.00). Alcoholic beverages are not part of the prize.
No assignment, transfer, cash redemption, or substitution of the prize is permitted by the Grand Prize Winner. ONE (1) potential winner will be randomly selected on or about the following date (“Selection Date”): December 1, 2021 by HP2 Promotions, an independent organization, whose decisions will be final in all matters relating to this Sweepstakes or Sponsor. Odds of winning the Grand Prize will be determined by the total number of eligible Entries received. The awarding of the Grand Prize is subject to verification of the potential winner’s eligibility. The potential winner will be notified by text message, email or phone (specific method[s] of notification being of Sponsor’s sole choosing as well as depending upon the method used to enter the Sweepstakes) on or around the “Selection Date”, and will be required to furnish valid proof of age in a form prescribed by Sponsor, and sign and return an Affidavit of Eligibility, a Liability Release, and, where permitted by law, a Publicity Release, within three (3) business days of notification. If potential winner cannot be reached, does not respond within three (3) business days, or does not complete the required Affidavits and Releases within three (3) business days, the Grand Prize will automatically be forfeited and an alternate potential winner may be randomly selected from the remaining eligible Entries at Sponsor’s sole discretion, time permitting. In the event of noncompliance with this requirement or if a potential winner cannot be contacted for any reason under the process described above, prize will be forfeited without compensation of any kind.
GENERAL CONDITIONS. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right, in its sole discretion, to offer a cash alternative for the prize or to substitute the prize or a component of the prize for one of comparable or greater value.
ELECTRONIC SUBMISSIONS: In the event of a dispute, online entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, online service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are 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 submit entries more than once per day) 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.
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 OF 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 by the prize winner(s), but Sponsor reserves the right to offer a cash alternative for the prize or to substitute the prize or a component of the prize for one of comparable or greater value. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by any air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. NEITHER SPONSOR, NOR EACH OF 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).
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office in San Francisco, CA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages including attorney’s fees or any other damages, other than for entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
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/or 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 shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Sweepstakes, any Sweepstakes-related activity, or use of the Grand Prize. By participating, all entrants release Sponsor, and each of 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 and against any damage, loss, expense, injury of any kind, claim or cause of action (collectively, “Claims”), including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any 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 RELEASED 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.
WINNER’S LIST. A list of Winner(s) will be available after December 30, 2021. Please send a self-addressed stamped envelope to: GIVINGOL Winner List, P.O. Box 40216, Phoenix, AZ 85067. All requests for the winner’s list must be postmarked by December 30, 2021. All requests for the Winner’s list must be received by December 30, 2021. Requests will be fulfilled after winner(s) are verified.
This Sweepstakes is sponsored by Fetzer Vineyards, Hopland, Mendocino Co., CA. The information you provide in connection with this Sweepstakes is being provided to the Sponsor and HP2 Promotions. Such information will be used for purposes of administering this Sweepstakes.
Copyright ©2020 FETZER VINEYARDS, HOPLAND, MENDOCINO CO., CA. All rights reserved.
Last Updated on July 29, 2021 8:40 PM