NO PURCHASE, TEXT MESSAGE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
Contest begins at 12:00 a.m. Central Time (“CT”) on April 1, 2019 and ends at 11:59 p.m. CT on June 3, 2019 (the “Contest Period”). The Contest Period will be divided into eight (8) weekly entry periods as outlined in the chart below (each, a “Weekly Period”). This Contest is in no way sponsored, endorsed, or administered by, or in association with Facebook or Instagram. The information you provide will be used for the purposes of Contest administration.
Weekly Period 1 - Begins at 12:00 a.m. CT on: April 1, 2019, Ends at 11:59 p.m. CT on: April 8, 2019
Weekly Period 2 - Begins at 12:00 a.m. CT on: April 9, 2019, Ends at 11:59 p.m. CT on: April 16, 2019
Weekly Period 3 - Begins at 12:00 a.m. CT on: April 17, 2019, Ends at 11:59 p.m. CT on: April 24, 2019
Weekly Period 4 - Begins at 12:00 a.m. CT on: April 25, 2019 Ends at 11:59 p.m. CT on: May 2, 2019
Weekly Period 5 - Begins at 12:00 a.m. CT on: May 3, 2019, Ends at 11:59 p.m. CT on: May 10, 2019
Weekly Period 6 - Begins at 12:00 a.m. CT on: May 11, 2019, Ends at 11:59 p.m. CT on: May 18, 2019
Weekly Period 7 - Begins at 12:00 a.m. CT on: May 19, 2019, Ends at 11:59 p.m. CT on: May 26, 2019
Weekly Period 8 - Begins at 12:00 a.m. CT on: May 27, 2019, Ends at 11:59 p.m. CT on: June 3, 2019
ELIGIBILITY: To enter the Contest, you must be a lawful permanent resident in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico and the U.S. territories and possessions), 21 years of age or older (each, an “Entrant”). Employees of Fetzer Vineyards (the “Sponsor”), REV365, and each of their affiliated companies, parents, subsidiaries, and advertising and promotion agencies (herein collectively, the “Contest Entities”), members of the alcoholic beverage industry, and each of their immediate families (i.e. parents, children, siblings, spouse) and members of their households (whether related or not) are ineligible to participate in this Contest. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the fifty (50) United States and District of Columbia, and where restricted or prohibited by law. By entering, Entrants agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsor, which are final and binding.
HOW TO ENTER: During the Contest Period, there are three (3) ways to enter:
Contest application via Facebook: Access the Contest application by visiting www.facebook.com/CasilleroWineUS and following the online instructions to complete and submit an online entry form, linked directly under the top cover photo or in the first page of posts. In addition to uploading a photo or video of yourself that displays how you like to fiesta with your friends, the entry form may require entrant information, including name, date of birth, email address, phone number, and street address. Incomplete entry forms will not constitute an entry or submission.
Facebook: Log-in to your Facebook account and visit the Casillero del Diablo page on Facebook at www.facebook.com/CasilleroWineUS. Then, post a photo or video of yourself to the page that displays how you like to fiesta with your friends and include the hashtags #FiestadeldiabloContest and #ContestEntry in your post to receive one (1) entry (each, an “Entry”). A Facebook account is required to enter via this method and is available for free at www.facebook.com.
Instagram: Log-in to your Instagram account and post a photo or video of yourself that displays how you like to fiesta with your friends and include the hashtags #FiestadeldiabloContest and #ContestEntry in your post to receive one (1) Entry. An Instagram account is required to enter via this method and is available for free at www.instagram.com.
To receive a link to Contest website, send a text with keyword “DIABLO” to 786-228-7776. Message & data rates may apply. Text STOP to 786-228-7776 to quit, text HELP to 786-228-7776 for help. By sending a text message from your mobile phone, you are providing prior written consent to receive messages about the contest and Sponsor’s products and services to that mobile phone by or on behalf of Sponsor. Consent not required as a condition of purchase. Text messages sent by auto-dialer. Please Note: Sending a text to the phone number above will not result in a Contest entry.
All Entries must be submitted by the dates and times specified in the chart above to be considered for the applicable Weekly Period. Limit one (1) Entry per person per Weekly Period, regardless of method of entry. You may only use one (1) Facebook and/or Instagram account to enter this Contest. Entries received from any person or Facebook/Instagram account in excess of the above stated limitation will be void. Entries will be declared made by the authorized account holder of the Facebook/Instagram account submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to a Facebook/Instagram account by Facebook/Instagram. Entries generated by script, macro or other automated means are void.
REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
∙ is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
∙ promotes irresponsible drinking, underage drinking, or the abuse of alcohol, use of illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
∙ is obscene or offensive; endorses any form of hate or hate group;
∙ appears to duplicate any other submitted Entries;
∙ defames, misrepresents or contains disparaging remarks about other people or companies;
∙ contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
∙ contains any personal identification, such as personal names or e-mail addresses;
∙ contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
∙ contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
∙ contains look-alikes of celebrities or other public or private figures, living or dead;
∙ communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
∙ violates any law.
Entry must be the original work of the entrant, must depict the Entrant and his/her friend(s) who must be 21 years of age or older may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned or controlled by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that they consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
JUDGING CRITERIA: All eligible Entries received by Sponsor during each Weekly Period will be judged by a panel of qualified judges utilizing the following criteria: Appropriateness of the Entry to the Contest theme (35%); creativity and originality (35%); photo/video quality and uniqueness (30%). The one (1) Entry from each Weekly Period receiving the highest score will be deemed a potential First Prize winner. Non-winning Entries from one Weekly Period will be considered for subsequent Weekly Periods. At the conclusion of the Contest Period, the one (1) Entry with the highest overall score will be deemed the potential Grand Prize winner. In the event of a tie, the Entry with the highest score in the “creativity and originality” criteria will be deemed the applicable potential winner. Sponsor reserves the right not to award all First Prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
NOTIFICATION/PRIZE CLAIMS: Each potential First Prize Winner will be contacted by Facebook or Instagram direct message or comment within three (3) business days following the conclusion of each applicable Weekly Period (the “Notification”). The potential Grand Prize winner will, and each potential First Prize Winners may be required to sign and return, within five (5) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form (the “Paperwork”) in order to claim the First Prize. If a potential First Prize Winner fails to return the Paperwork within that time, if the First Prize Notification is returned as undeliverable, or if an Entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential First Prize Winner will be disqualified and a runner-up First Prize Winner may be notified for the respective Weekly Period. Even if the name of a potential First Prize Winner is publicly announced, the potential First Prize Winner must complete all documents provided and be confirmed by Sponsor prior to receiving a First Prize. Once a potential First Prize Winner has been confirmed by the Sponsor, except where prohibited by law, First Prize Winner’s Entry and acceptance of the First Prize constitutes permission for the Contest Entities to use said First Prize Winner’s name, photograph, likeness, statements, biographical information and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.
FIRST PRIZES (8) (One (1) per Weekly Period): Each winner will receive a Casillero del Diablo gift set. Approximate Retail Value ("ARV") of each First Prize gift set: $25.
GRAND PRIZE (1): Winner will receive $5,000 awarded in the form of a check ARV of Grand Prize: $5,000.
PRIZE RESTRICTIONS: No prize substitution, except at Sponsor’s sole discretion or as otherwise provided herein. Prizes are not transferable. All taxes on the prizes are the sole responsibility of the winners. Winners are solely responsible for all other expenses not specified herein, including but not limited to applicable federal, state and local taxes.
CONTEST RULES OF PARTICIPATION: This Contest is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules. Contest Entities are not responsible for lost, late, misdirected, undeliverable, delayed, or incomplete Instagram posts or Entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Sponsor may prohibit an Entrant from participating in the Contest or winning a First Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Contest Entities. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor or the Contest Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and determine the potential First Prize Winner(s) for the applicable Weekly Period(s) from those Entries received up to the cancellation/suspension date using the judging criteria outlined above. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
NO LIABILITY: By entering, Entrants and each First Prize Winner agrees to comply with all Official Rules, as stated and agrees to release, discharge, indemnify and hold harmless the Sponsor, its affiliates, and their respective agents, representatives, officers, directors, shareholders, and employees, including the aforementioned Contest Entities in the “ELIGIBILITY” section above from any claims, actions, injury, loss or damage of any kind, including, without limitation, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in this Contest or from the acceptance, possession, or use or misuse of any prize. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of or damage to property; and claims of third parties. Entrants agree that Contest Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied, including, without limitation, the implied warranties of merchantability, title, and fitness for a particular purpose, in fact or in law, relative to this Contest.
LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Contest Entities a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any 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 the AAA regional office nearest the participant; (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 participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
WINNER’S NAMES/RULES REQUEST: To receive a list of First Prize Winners or an additional copy of these Official Rules, send a self-addressed, stamped business-size (#10) envelope to be received by July 30, 2019 to: “Fiesta del Diablo Contest”, 349 Healdsburg Ave, Healdsburg, CA 95448. Please specify “Winner List” or “Rules Request.”
SPONSOR: Fetzer Vineyards, 12901 Old River Rd, Hopland, CA 95449.