“Trivento A Cut Above Sweepstakes” Official Rules

NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. THIS SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. A PURCHASE OR TEXT MESSAGE WILL NOT INCREASE YOUR CHANCES OF WINNING. MESSAGE AND DATA RATES MAY APPLY FOR TEXT MESSAGES SENT AND RECEIVED. MAY NOT BE AVAILABLE FROM ALL SERVICE PROVIDERS OR FOR ALL HANDSETS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Sweepstakes begins July 1, 2020 at 12:00:01 a.m. (ET) and ends August 31, 2020 at 11:59:59 p.m. (ET). ONE GRAND PRIZE WINNER WILL RECEIVE ONE (1) $1500.00 GIFT CARD. (ARV $1500.00). FOR OFFICIAL RULES, HOW TO ENTER, AND PRIZE DESCRIPTIONS, PLEASE VISIT https://hp2win.com/ABOVE. THE SWEEPSTAKES IS SPONSORED BY FETZER VINEYARDS, HOPLAND, MENDOCINO CO., CALIFORNIA. (“Sponsor”).

  1. TO ENTER: There are two (2) ways to enter: i) via text message; or ii) write in entry.
    • TEXT MESSAGE METHOD: In order to enter via mobile device, you must have a text messaging capable mobile device from a participating carrier. Use your text message enabled cellphone to text the letters “ABOVE” to 55678 during the entry period to enter the Sweepstakes. A valid text message entry will receive an automatic reply substantially in the form as follows: “Thx for ur Text! You must be 21+ to enter.  Reply w/birthdate in format MM/DD/YYYY.”  Once you send the text message and if you are 21 or older, you will be automatically entered into the Sweepstakes.  You will be charged for all text messages sent and received by your mobile phone according to the terms in your individual calling plan. Please consult your wireless service provider regarding its pricing plans and capabilities.  By sending your text message entry, you agree that you are providing Sponsor express written consent for you to receive text messages using automated technology in response to your entry related to the Sweepstakes and agree to accept all applicable charges associated therewith. You may opt-out of receiving text messages from Sponsor at any time by sending a reply text message with the word “STOP”. Text “HELP” to the short code above if you would like more information. Your mobile phone must be capable of sending and receiving text messages to participate via this method.  Standard text message rates apply. Entry via text messaging may be limited and may not be available through all wireless carriers or on all handsets. See your wireless provider for pricing plan details. All text message entries must be received during the Entry period to be eligible. Entries generated by script, macro or other automated or mechanical means or with the intent to subvert the entry process are void.
    • WRITTEN ENTRY METHOD: You may also enter by sending a self-addressed envelope. Fill out a 3 X 5 card and include your Name, Address, City, State, Zip Code, Phone Number, and Date of Birth and mail it to: ABOVE Sweepstakes, P. O. Box 40216, Phoenix, AZ 85067-0216. No more than one entry per envelope is allowed.

All text message sweepstakes entries must be received by August 31, 2020 by 11:59:59 p.m. (ET).  Sponsor’s clock will be the official timekeeper for this Sweepstakes. Written entries must be postmarked by August 31, 2020 at 11:59:59 p.m. (ET). Limit, one entry, per person, per day (12:00:10 a.m. [ET] until 11:59:59 p.m. [ET]) during the Sweepstakes Period, regardless of the method of entry.

All entries become the property of Sponsor. Released Parties are not be responsible for late, lost, delayed, incomplete, inaccurate, garbled or misdirected entries or text messages or any error, omission, interruption, dilution, defect or delay in operation or transmission on the Internet or any damage to a user’s computer or mobile handset. Sponsor will not acknowledge receipt of entries.

  1. ELIGIBILITY: Sweepstakes is open to legal residents of the United States and District of Columbia, who are at least 21 years of age at time of entry. Offer not available to employees, officers, directors, agents (or their family members) of any licensed alcohol beverage wholesaler or retailer or any affiliated company.  By entering, entrants: (a) agree to be bound by and acknowledge compliance with these Official Rules, including, but not limited to, eligibility requirements, (b) release, indemnify and hold harmless the Sweepstakes Entities and all of their respective employees, officers, directors and agents (collectively, “Released Parties”) against any and all claims, injury, damage or loses to any person or property arising, in whole or in part, directly or indirectly, out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of a prize, and (c) agree to be bound by the decisions of the Sponsor, HP2 (an independent third party judging organization), and judges, which are final and binding. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, AND IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
  1. PRIZE: A total of one (1) Grand Prize will be awarded.  The Grand Prize Winner will receive ONE (1) $1500.00 Gift Card which may be used to purchase a side of beef. The approximate retail value (“ARV”) of the Grand Prize is $1500.00. 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.  Alcohol beverages are not part of the prize.

No substitution, cash redemption or transfer of prizes is permitted except at Sponsor’s sole discretion or as provided herein. If the advertised prize(s) cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local income taxes on the prizes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. Arrangements for delivery of prizes will be made after winner validation. The odds of winning depend on the number of entries received. Unclaimed prizes will not be awarded. Alcoholic beverages are not part of the prize.

  1. WINNER SELECTION & NOTIFICATION: The Potential Winners will be selected in a random drawing from among all eligible entries received. The random drawing will be conducted on or about September 4, 2020 by HP2 (an independent third-party judging organization) whose decision is final and binding. The Potential Winners will be notified by mail, text message or telephone on or around September 4, 2020. The Potential Winners may 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 seventy-two (72) hours of notification. If a Potential Winner cannot be contacted within the required time period, the Potential Winner forfeits the Prize. In the event of non-compliance with any of these requirements, the Potential Winners will be disqualified, and an alternate winner may be selected at Sponsor’s sole discretion. Except where prohibited, acceptance of any and all prizes constitutes consent by the Winner to use of his/her name, voice, picture, likeness and biographical data for advertising and promotional purposes without any additional compensation. Odds of winning depend on the total number of eligible entries received during the Promotional Period. Sponsor expressly reserves the right to delay the announcement of the Winner for creative or technical reasons or for any other reason Sponsor deems necessary.
  1. GENERAL CONDITIONS: ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER OR ANY BEHAVIOR BY WINNER THAT WILL BRING SUCH WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SWEEPSTAKES ENTITIES’ 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.

This Sweepstakes is subject to all applicable federal, state and local laws and regulations.

Sponsor is 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 register more than once) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. In case of dispute as to identity of a text message, an entrant’s entry will be declared made by the authorized account holder of the cellular provider. “Authorized Account Holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records.

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 ON 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. Any and all expenses not specifically stated as being included are excluded and are the responsibility of the prize winner(s). No assignment, transfer, cash redemption, or substitution of the prizes is permitted, but Sponsor reserves the right to substitute a 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 venue operators, prize providers or any other persons providing any prize-related services or accommodations. NEITHER SPONSOR NOR 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). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

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 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 and HP2 shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Sweepstakes, or any Sweepstakes-related activity. By participating, all entrants release Sponsor, HP2, 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 any and all injury, loss, or damage caused or claimed to be caused by your participation in the Sweepstakes and/or acceptance, awarding, receipt, use and/or misuse of the 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 RELEASING 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. 

Disputes: This Sweepstakes is governed by the laws of the State of California, without respect to conflict of law/choice of law doctrines of California (or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than California). To the fullest extent permitted by law, as a condition of participating in the Sweepstakes, entrants agree (a) that any and all disputes regarding the Sweepstakes which cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in San Francisco, California; (b) to the personal jurisdiction of such courts and to waive any right of inconvenient forum, change of venue or any like right; (c) that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering the Sweepstakes (if any), but in no event attorney’s fees, with all other forms of remedy – including but not limited to punitive, incidental, or consequential damages and injunctive relief – being expressly waived. PRIVACY POLICY: Entrant understands that he or she is providing their information to Sponsor. By entering the sweepstakes, each entrant acknowledges that his or her first and last name and hometown may be announced online, including on Sponsor’s social media channels. Except where prohibited, acceptance of any, and all prizes constitutes consent by the winner to use of his/her name, voice, picture, likeness and biographical data for advertising and promotional purposes without any additional compensation. Each Entrant further hereby acknowledges and agrees that if he or she is chosen as a winner for any prize, certain of his or her identifying information may be disclosed to third parties (at least as required by law), including, without limitation, on an online page listing prize winner(s). Information collected from Entrant will be treated by Sponsor in accordance with Sponsor’s privacy policy, available at www.fetzer.com/privacy-policy, and with due regard to Entrant’s privacy. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Sweepstakes. Entrants’ information will be hosted in the United States.

  1. WINNER LIST: For a list of Winners available after September 30, 2020. Please send a return self-addressed stamped envelope, attention to ABOVE Sweepstakes, P.O. Box 40216, Phoenix, AZ 85067. Residents of Vermont may omit return postage. All requests for the Winner’s list must be received by October 5, 2020. Requests will be fulfilled after winners are verified.
  1. SPONSOR: This sweepstakes is sponsored by Fetzer Vineyards, Hopland, Mendocino Co., California. The information you provide in connection with this Sweepstakes will be used for purposes of this Sweepstakes only.

Copyright ©2020 FETZER VINEYARDS, HOPLAND, CA. All rights reserved.