NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. This Contest is sponsored by O’Neill Vintners & Distillers, 8418 S. Lac Jac Ave. Parlier, CA 93648 (the "Sponsor").
1. ELIGIBILITY. Contest participation is open only to legal residents of California, 21 years of age or older at the time of entry. The “Stern Grove Festival Contest” (the "Contest") begins 12:01AM Pacific Daylight Time ("PT") on June 16, 2018 and ends 1:59PM PT on June 28, 2018 ("Entry Period"). All entries become the property of Sponsor and will not be acknowledged or returned.
The following individuals are not eligible: employees, contractors, directors and officers of Sponsor, Cultivate Creations (“Cultivate”), and each of their respective parents, affiliates, subsidiaries and web-design, advertising and promotion agencies, fulfillment, judging or other agency involved in the administration, development, fulfillment and execution of this Contest (collectively, the "Contest Parties"), and the immediate family members, as identified below, regardless of where they reside) and those living in their same households whether or not related. Employees of licensed alcoholic beverage manufacturers, distributors and retailers of alcoholic beverages, as well as state or local alcohol beverage agencies and their employees, are not eligible. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who, within the past six (6) months, performed services for Sponsor or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and/or their respective parent, affiliates, subsidiaries, and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
This Contest is in no way sponsored, endorsed, administered by, or associated with the social media platforms where content may be posted or shared (Facebook, Instagram, etc., collectively “Social Media Platforms”).
2. TO ENTER.
a) Take a photo of yourself in front of one of the HARKEN signs at the Stern Grove Festival event in San Francisco, CA on June 17, 2018 or June 24, 2018 (a “Photo”).
b) (i) Instagram (a) become a follower of @Harken_Wine on Instagram; (b) share your Photo in Public status via Instagram. Your shared post must include the Photo and
the #HarkenContest hashtag.
(ii) Facebook (a) like @HarkenWine on Facebook; (b) post your Photo in Public status on Facebook. Your post must include the Photo and the #HarkenContest hashtag.
You must have a valid Instagram and/or Facebook login and be a member of Instagram and/or Facebook to enter; there is no fee to become a member of any of these sites. Your participation on Instagram must comply with the Terms and Conditions posted on https://help.instagram.com/581066165581870?helpref=page_content. Your participation on Facebook must comply with the Terms and Conditions posted on www.Facebook.com/terms. You are providing your entry information to Sponsor and not
to Instagram and/or Facebook.
- Must be completely original, i.e., entirely of your own design and creation, without collaboration with, anyone other than the Entrant, and without being copied from any pre-existing materials or designs of anyone other than the Entrant;
- Must not comprise or include any intellectual property, including trademarks, trade dress, or copyrights, that is owned by any person or entity other than Entrant or Sponsor;
- Must not contain material that either violates or infringes another’s rights, including, but not limited to, rights of privacy, publicity or intellectual property, or that otherwise constitutes copyright or trademark infringement;
- May not depict children or items especially appealing to children;
- Must not contain material that, in Sponsor’s sole discretion, is sexually explicit or suggestive, inappropriate, indecent, offensive, obscene, profane, hateful, tortuous, derogatory, defamatory, or vulgar, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Must not have previously been published;
- Must not advertise or promote any product of any kind (except for Sponsor’s products), or contain any personal identification, including, but not limited to, license plate numbers, personal names, e-mail addresses or street addresses, nor the likeness of any identifiable person (unless the Entrant has a release or other legal right to use the likeness);
- Must not contain material that is unlawful, in violation of, or contrary to, the laws or regulations in California;
- Must not promote underage drinking, drugs, tobacco or firearms;
- Must not contain the name/logo of any alcohol beverage retailer, including in the background;
- Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; nor the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
- Must not disparage Sponsor, or any other person or party affiliated with the Contest; and
- Must not communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wish to associate.
Sponsor reserves the right to disqualify any Photo that does not comply with the submission requirements listed above, or that is otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules or the Terms and Conditions of Use located at the Website. Any communication or information transmitted to the Sponsor and/or the Website by mail, e-mail, or otherwise, is and will be treated as non-confidential and nonproprietary.
Once submitted, an entry is final and may not be altered or edited. Sponsor reserves the right to waive any of the requirements set forth herein in its sole and absolute discretion.
3. GENERAL CONDITIONS. By participating, entrants accept and agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. The Contest and all content thereof is intended only for those who are of legal drinking age or older. Entrant agrees to not share content with those who do not meet legal drinking age requirements. Entries become the property of Sponsor and will not be returned or acknowledged except as may be provided herein. Entrant irrevocably grants Sponsor, Cultivate and their respective affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entry, including, but not limited to, the right to use entrant's likeness, and/or statements regarding his/her participation in this Contest (with or without using the entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the entrant or any other party. Entrant expressly waives any intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of the Entry or entrant's likeness or statements.
Entrant agrees to indemnify and hold the Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, including any of their employees, and the Social Media Platforms (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the entrant's Entry, or the entrant's conduct in creating an Entry or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation. Entrant further agrees to forever release and discharge the Contest Parties from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of the Contest Parties infringes entrant's rights with regard to any elements, characters or ideas contained in any Entry.
If for any reason the Contest cannot run as planned, including 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 Contest, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. Any attempt by an entrant to deliberately damage any website involved in the Contest or to undermine the legitimate operation of the Contest may be in violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages, including attorneys' fees, from any such entrant to the fullest extent of the law, including criminal prosecution. 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 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 any injury or damage to participant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Contest. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, 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 the entry mechanism, to be violating these Official Rules or to be acting in a disruptive manner.
Contest is subject to all applicable federal, state, and local laws and regulations.
There are two (2) grand prizes to be awarded in this Contest, each consists of a package containing HARKEN branded merchandise items. Approximate Retail Value (“ARV”) of each grand prize is $50; total ARV of all grand prizes is $100. Alcohol is not part of any prize.
No substitution or cash equivalent of prize is permitted except at Sponsor’s sole discretion. Winner is responsible for any and all federal, state and local taxes or assessments. Odds of winning depend on the number of eligible entries received.
5. WINNER SELECTION. Potential winners will be chosen on or about June 29, 2018. An independent judge chosen by Sponsor (“Judge”) will judge all eligible Photos based on the following criteria (“Judging Criteria”): (1) Overall creativity + visual appeal – seventy (70) points possible; (2) Inclusion of HARKEN imagery – thirty (30) points possible. Points will be awarded by the Judge in his or her sole discretion based on an application of the criteria to the Photos. An investment of time or money by an entrant does not necessarily equate to a high score from the Judge. The two (2) entrants with the highest Judge scores will be the winners.
The Judge’s decision with respect to the selection of the winners and the interpretation of these rules and regulations will be final. Potential winners will be notified by telephone or email. Potential winners may be required to sign and return an Affidavit of Eligibility, Release and Indemnification and a Publicity Release (where allowed by law) within three (3) business days. If potential winners do not reply to such notification within three (3) business days, an email notification is undeliverable after up to three (3) attempts, and/or any required Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, such potential winner will be disqualified, and an alternate potential winner will be selected. Personally identifiable information received will be used only to verify eligibility and award prizes.
In the event of dispute concerning the identity of an entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the email account provided on the entry form or the member account on Instagram or Facebook where the Photo is posted. Sponsor is not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the control of the Sponsor. Return of any prize notification as "undeliverable" will result in disqualification. If for any reason any prize is not claimed or a winner is disqualified, the prize will be forfeited and an alternate winner will be selected from among all eligible entries received during the Entry Period.
6. HOLD HARMLESS. Contest is provided "as is". Winners and entrants agree that the Contest Parties shall not be responsible or liable for, and each winner and entrant agrees to release and hold harmless the Contest Parties from losses, damages, or injuries of any kind to person, including personal injury or death, or property resulting from participating in the Contest or Contest-related activity, including, but not limited to, the acceptance/possession and/or use or misuse of any prize or any injury or damage to entrant’s or third person's property related to or resulting from any prize or any part of the Contest. By participating in the Contest, entrants agree that the Contest Parties will have no liability whatsoever for, and that entrant shall hold the Contest Parties 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 prize awarded hereunder.
Without limiting the foregoing, everything regarding the Contest, including any websites used in connection therewith and any prize 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 Contest Parties.
7. LIMITATIONS OF LIABILITY AND RELEASE. No liability or responsibility is assumed by the Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload information in connection with participating in the Contest. No responsibility or liability is assumed by the Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. The Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website. By participating in the Contest, the entrant forever releases and discharges the Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest. By accepting a prize in the Contest, Winner agrees that the Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Contest Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant, Sponsor and the Indemnitees in connection with the Contest shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA. All claims, judgments and awards on behalf of entrant will be limited to lesser of actual out-of-pocket costs incurred or two hundred fifty dollars ($250). Attorneys’ fees will not be awarded or available to entrant, even if entrant proves to be a prevailing party. ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.
RULES REQUESTS/NAMES OF WINNERS. For a copy of the Official Rules, send a self-addressed stamped envelope to: HARKEN Stern Grove CONTEST, 101 Larkspur Landing Circle, Suite 350, Larkspur, CA 94939 (return postage may be omitted where prohibited). Requests received after September 30, 2018 will not be honored. For a list of the winners, available after June 30, 2018, send a self-addressed stamped envelope to: HARKEN Stern Grove CONTEST, 101 Larkspur Landing Circle, Suite 350, Larkspur, CA 94939 (return postage may be omitted where prohibited). Requests received after July 31, 2018 will not be honored.