FETZER VINEYARDS OKTOBER FETZ SWEEPSTAKES 2023

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF CALIFORNIA WHO ARE AT LEAST 21 YEARS OLD AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ODDS OF WINNING DEPEND ON NUMBER OF ENTRIES RECEIVED. SWEEPSTAKES BEGINS 9/1/2023 AND ENDS 10/31/23. ONE (1) GRAND PRIZE WILL BE AWARDED. GRAND PRIZE CONSISTS OF: ONE (1) $500.000 GIFT CARD (GIFT CARD TO BE DETERMINED BY SPONSOR) (ARV $500). FOR FULL OFFICIAL RULES, VISIT https://www.hp2win.com/OKTOBERFETZ/. ©2023 SPONSORED BY FETZER VINEYARDS DBA VIñA CONCHA Y TORO USA, HOPLAND, MENDOCINO CO., CA.

1. SWEEPSTAKES PERIOD: The Fetzer Vineyards Oktober Fetz Sweepstakes 2023 (the “Sweepstakes”) begins at 12:01 a.m. Pacific Time (“PT”) on September 1, 2023 and ends at 11:59 p.m. PT on October 31, 2023 (the “Sweepstakes Period”). All write-in entries must be received, and all online entries must be time stamped, by October 31, 2023 at 11:59:59 p.m. PT, when the Sweepstakes ends. Sponsor’s clock shall be the official timekeeper for this Sweepstakes.
2. HOW TO ENTER: There are two (2) Entry Methods to enter the Sweepstakes: online entry, or write-in entry:
   • ONLINE: Log on to https://www.hp2win.com/OKTOBERFETZ/ or scan the Sweepstakes QR Code and follow the on-screen entry instructions. Fill in all required information. The entry form will require entrant information, including name, date of birth, email address, phone number, and street address. No more than one (1) entry per day per person, household, or email address is permitted. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
   • WRITE-IN: On a piece of 3″ x 5″ paper, print your name, complete address (no P.O. Boxes), daytime phone number, and date of birth. Mail with a self-addressed envelope to: OKTOBERFETZ Sweepstakes, P. O. Box 40216, Phoenix, AZ 85067-0216. No mechanically reproduced or photocopied entries accepted. Enter as often as you wish, but each entry must be mailed separately in a stamped envelope. Entries become the property of Sponsor and will not be returned.A completed entry via either Entry Method shall be referred to herein as the “Entry” or “Entries.” Incomplete entry forms will not constitute an Entry. By entering via either Entry Method, you certify that you are eligible to enter.

3. LIMITATIONS: LIMIT ONE (1) ENTRY PER PERSON, PER HOUSEHOLD, OR EMAIL ADDRESS PER DAY DURING THE SWEEPSTAKES PERIOD. 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 an Entry does not constitute proof of receipt of same or proof of Entry. All Entries become the sole property of the Sponsor. 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. Any attempt by any entrant to deliberately damage undermine the legitimate operation of the Sweepstakes may be in violation of criminal and 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.
4. ELECTRONIC ENTRIES: 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.
5. ELIGIBILITY: Open to residents of the State of California who are 21 years of age and older as of the start date of the Sweepstakes Period. Void where prohibited or restricted by law. In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules. By entering via either Entry Method, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, whose decisions shall be binding and final in all respects. The following individuals are not eligible to participate: employees, directors, officers, and agents of Fetzer Vineyards dba Viña Concha Y Toro USA (“Sponsor“) and HP2 Promotions (“Administrator“), and their respective affiliates, parents, subsidiaries, and agencies (collectively “Promotion Parties“); any alcoholic beverage industry producers, importers, wholesalers, distributors or licensed retailers; and members of the immediate family or persons living in the same household of any of the foregoing. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER/S OR ANY BEHAVIOR BY WINNER/S THAT WILL BRING SUCH WINNER OR PROMOTION PARTIES INTO DISREPUTE (IN PROMOTION PARTIES’ SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THIS SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
6. DRAWING: A random drawing will be conducted on or about November 8, 2023 by Administrator. Odds of winning depend on the number of Entries received. Potential winner/s will be notified by text message, direct message, email, or phone (specific method of notification being of Sponsor’s sole choosing as well as depending upon the method used to enter the Sweepstakes). The awarding of the Prize is subject to verification of the potential winner’s eligibility. Winner/s will be required to furnish valid proof of age in a form prescribed by Sponsor and must sign and return any required Affidavit of Eligibility and Release within 72 hours of receipt of the notice or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. An entrant’s email address must be able to receive messages from Sponsor during the Sweepstakes Period. All income taxes resulting from acceptance of prize are the responsibility of winner/s. By entering this sweepstakes, entrant accepts and agrees to these Official Rules and the decisions of the Administrator, which shall be final in all matters.In the event a dispute arises as to the identity of a potentially winning entrant, mail-in entries will be declared made by the name on the Entry form; 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 email address by an internet access provider, online service, or other organization that is responsible for assigning email addresses. 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. All federal and state laws apply.

7. PRIZE/S: ONE (1) Grand Prize will be awarded. Grand Prize winner will receive one (1) $500.00 Gift Card (Gift Card issuer will be chosen by Sponsor at its sole discretion and is subject to terms and conditions of use as indicated thereon). Total prize value: Five Hundred Dollars and 00/100 ($500.00). Prize consists of only those items specifically listed as part of the prize. Alcoholic beverages are not part of the prize. Limit one prize per family or household. Winner/s must be at least 21 years of age at the time of Entry. If the Prize includes participants in addition to the winner, the winner’s companion/s must also be at least 21 years of age at the time of Entry. No assignment, cash redemption, substitution or transfer of prize permitted by winner/s. Sponsor reserves the right to substitute a prize of equal 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. 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. SPONSOR, NOR ANY OTHER PERSON ACTING ON SPONSOR’S BEHALF, HAS MADE OR MAKES ANY EXPRESS OR IMPLIED GUARANTEE, REPRESENTATION, OR WARRANTY WITH RESPECT TO THE PRIZE/S (INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABLITY, OR FITNESS FOR A PARTICULAR PURPOSE), EITHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WHETHER ARISING IN FACT OR BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND ENTRANT ACKNOWLEDGES THAT THEY HAVE NOT RELIED UPON ANY GUARANTEE, REPRESENTATION, OR WARRANTY MADE BY SPONSOR, OR ANY OTHER PERSON ON SPONSOR’S BEHALF. ALL PRIZES ARE AWARDED AS IS, WHERE IS. FURTHER, NEITHER SPONSOR, NOR THE PROMOTION PARTIES ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. If the Prize must be used within or on a specific date and the winner is unable to use the Prize during the required time period, the winner will forfeit the Prize. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible Entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
8. LIMITATION OF LIABILITY; RELEASE: By entering and participating in the Sweepstakes, entrants waive all right to, and hold harmless the Promotion Parties from and against any and all claim, liability, loss, cause of action, damage (including where allowed by law, punitive, incidental, and consequential damages), expense (including attorneys’ fees), injury of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) arising out of or in connection with participation in the Sweepstakes or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.Entrants hereby agree to indemnify and hold Promotion Parties 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. Entrants further understand and agree 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. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASED 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.Promotion Parties will not be responsible for: lost, late, misdirected, damaged, illegible, incomplete, incorrect, undeliverable, or postage due entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; lost, late, or misdirected prize notices; by any human error which may occur in the processing of the entries in this Sweepstakes; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; or any typographical, technological, or other error in the printing or publishing of the offer, administration of the Sweepstakes, or announcement of the prize/s. If, in the Sponsor’s or Administrator’s opinion, there is any such error or there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties (including viruses and bugs) that may occur or be encountered by entrants in the Entry process or otherwise compromise the integrity of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any entrant or to cancel, modify, or suspend this Sweepstakes in whole or in part at any time without notice in a manner deemed appropriate by the Sponsor, in the Sponsor’s sole discretion. In the event of termination, winner/s will be selected from among all eligible entries received as of date of termination.

9. ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: (1) any and all controversies, 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, by arbitration administered by the American Arbitration Association in San Francisco, California in accordance with its Commercial Arbitration Rules; (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.
10. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this Sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of California, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts located in San Francisco, California.
11. PRIVACY: Entrant understands that they are providing their information to Sponsor for the purpose of administering this Sweepstakes. Acceptance of a prize constitutes permission to the Promotion Parties to use winner’s name, city and state of residence, likeness, and biographical information for advertising, marketing, and promotional purposes (including on Sponsor’s social media) without further compensation or right of approval, unless prohibited by law. Entrant further hereby acknowledges and agrees that if they are chosen as a winner for any prize, certain of their identifying information may be disclosed to third parties, including, without limitation, on an online page listing prize winner/s. Information submitted with an entry is subject to the Privacy Policy stated on https://vct-usa.com/privacy-policy/. To read the Privacy Policy, visit the URL here: https://vct-usa.com/privacy-policy/.
12. WINNERS LIST: For the names of prize winner/s, available after November 30, 2023, send a self-addressed, stamped envelope to: OKTOBERFETZ Winner List, P.O. Box 40216, Phoenix, AZ 85067. All requests for the winner’s list must be postmarked by December 7, 2023 and received by December 13, 2023. Requests will be fulfilled after winner/s are verified.
13. SPONSOR: This Sweepstakes is sponsored by Fetzer Vineyards DBA Viña Concha y Toro USA, Hopland, Mendocino Co., CA. The information you provide in connection with this Sweepstakes is being provided to the Promotion Parties. Such information will be used for purposes of administering this Sweepstakes.

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