2015 10SPAN Vineyards
Big Sur Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING. PRIZE DOES NOT INCLUDE BEVERAGE ALCOHOL.
References to any third-party entity are not meant to imply that such third party endorses this sweepstakes.
You understand that you are entering a sweepstakes sponsored by The Wine Group LLC (“Sponsor”) and not
by any other entity.
1.
Sponsor: The Wine Group LLC doing business as 10SPAN Vineyards, 4596 Tesla Road Livermore, California 94550.
2.
Eligibility: The “2015 10SPAN Big Sur Sweepstakes” (herein after, “Sweepstakes” or “Promotion”) is open only to
legal residents of the fifty (50) states of the United States and the District of Columbia who are 21 years of age or
older at time of entry. Individuals (including but not limited to employees, consultants, independent contractors,
and interns) who have, within the past six months, performed services for Sponsor, any organizations responsible
for sponsoring, fulfilling, administering, advertising, or promoting the Promotion or supplying the prizes, and/or their
respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of
such individuals, are not eligible to enter or win any prize. Employees, officers, directors of alcohol beverage licensees
(including but not limited to alcohol beverage retailers and alcohol beverage wholesalers), and/or their respective
parent, subsidiary, affiliated and successor companies, and immediate family and household members of such
individuals, are not eligible to enter or win any prize. "Immediate family members" shall mean parents, step-parents,
children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall
mean people who share the same residence at least three months a year, whether related or not. Void where
prohibited or restricted by law.
3.
Promotion Schedule: The entry period for the prize begins on or about 12:00:00 a.m. Pacific Standard Time
("PST") on 5/1/15 and ends at 11:59:59 p.m. PST on 7/31/15 (the “Entry Period”). Sponsor’s computer is the
official clock for the Entry Period.
4.
Promotion Entry: To enter, navigate your internet browser to http://www.10spanvineyards.com/ (the “Website”).
By accessing the Website, you represent and warrant that you are at least 21 years of age. Click on the banner to
take you to the Sweepstakes page. You must complete the entry form. You will be asked to provide your name,
mailing address (with zip code), day time telephone number and e-mail address. Provision of information online is
governed by the 10SPAN Vineyards Privacy Policy, accessible on the Website. If you do not agree with the Privacy
Policy, do not enter the Sweepstakes online or otherwise use the Website. Once you have completed the entry form,
submit your sweepstakes entry by clicking the "Submit Entry" button. All entries become the property of Sponsor.
Receipt of online entries may be acknowledged but such acknowledgment does not constitute any representation
as to Sweepstakes eligibility.
Entrant further warrants and represents that he/she has fully complied with these Official Rules. By entering, entrant
agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from
his/her participation in the Promotion and/or any other information included in any entry.
Limit one (1) entry per person during the Entry Period, regardless of the number of email addresses
or accounts a person may have. Multiple and duplicate entries in excess of this limitation or mass entry attempts
will result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use
of automated entry devices or programs, or entries by third parties, are prohibited.
5.
Random Drawing/Selection of Winners: The potential winner will be selected in a random drawing on or before
8/5/15 from among all eligible entries received during the Entry Period. Drawing will be conducted by Sponsor.
6.
Prize, Approximate Retail Value (“ARV”) and Odds of Winning: Grand Prize (1 winner): The Grand Prize
winner will receive a 3-day/2-night trip (“Trip”) for the winner and one (1) guest to Big Sur, California to attend a
half-day trip to Ventana Wildlife Society’s Condor Conservancy (“Tour”). Trip consists of round-trip coach air
transportation for two (2) to San Francisco, CA from an airport near winner’s home (of Sponsor’s sole choosing); 2nights hotel accommodations (one standard room, double occupancy) in a hotel of Sponsor’s sole choice; round-trip
ground transportation between San Francisco International Airport and hotel; round-trip ground transportation
between hotel and Tour; two (2) gift certificates each in the amount of US$150.00 for spa treatments at Ventana
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Inn and Spa; and $300 spending money (awarded in the form of a gift card) for use as determined by Grand Prize
winner. Estimated ARV of the Grand Prize: US$5,000.00.
Actual final retail value of Trip may be higher or lower based on point of departure and hotel availability and cost as
determined by time of purchase and travel. If Grand Prize winner lives within approximately 150 miles of Big Sur,
California as determined by Sponsor in its sole discretion, he/she may, in Sponsor’s sole discretion, receive, in lieu
of air transportation, round-trip ground transportation between winner’s home and hotel and no additional
compensation will be provided.
Grand Prize winner and guest must travel on dates as mutually agreed to between Winner and Sponsor. If Winner
cannot travel on these dates, he/she will forfeit the prize in its entirety. Visit to Ventana Wildlife Society component
of prize is subject to, and Sponsor is not responsible for, changes to visit schedule, visit exigencies or delays,
postponements or cancellation. Without limiting any other term herein, Winner acknowledges and agrees that
portion of prize relating to attendance at Ventana Wildlife Society has no retail value and should such portion of the
prize become unavailable for any reason, Sponsor and its agencies shall have no further obligations in that regard
other than to deliver a trip to Big Sur, California as detailed herein.
Winner is solely responsible for all other expenses related to trip not specified herein, including but not limited to
meals, beverages, tips, taxes, and hotel incidentals. Grand Prize winner and guest must travel together on specified
itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety.
Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change,
availability and Sponsor’s approval. Sponsor is not liable for any expenses incurred as a consequence of flight
cancellation/delay. Certain documentation and requirements may be necessary for travel, such as photo
identification. Grand Prize winner and his/her guest are solely responsible for any documentation and requirements
and determining applicable procedures and restrictions. In addition, the Grand Prize winner may be required to
present a valid credit card at the hotel at the time of check-in. Winner and guest must provide own transportation
to and from departure airport.
The winner’s travel companion must be twenty one (21) years of age or older. Winner and his or her guest must
travel together on the same itinerary and possess all required travel documents, including visas and valid passports,
if and as applicable. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades
and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages
and schedule or route changes. Winner will not receive cash or any other form of compensation if actual travel costs
are less than the prize ARV in these Official Rules.
Grand Prize winner and/or winner’s guest must follow all instructions of Sponsor relative to the Grand Prize trip.
Should Grand Prize winner and/or guest fail to adhere to any such instructions or engage in unruly, obnoxious,
illegal, threatening, offensive, or otherwise inappropriate behavior (as determined by Sponsor in its sole discretion),
Sponsor reserves the right, without further notice or warning, to terminate the trip or other applicable experience
early, in whole or in part, and send Grand Prize winner and/or winner’s travel guest home and/or take other actions
as Sponsor deems appropriate in its sole discretion without any liability or other obligation to winner or guest. Winner
and guest must comply with Sponsor’s rules at all times. Failure to do so may result in forfeiture of the prize.
No substitution or transfer of prize permitted except with Sponsor's permission or where required by law. Without
limiting any other term herein, if for any reason announced prize (or any component of prize) becomes unavailable
for any reason, Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater
value. Grand Prize is not redeemable for cash. Federal, state and local taxes, if any, are the sole responsibility of
the winner, who will receive a 1099 tax form reflecting actual value of prize.
Odds of winning is dependent upon the number of eligible entries received.
7.
Trademarks: Use of third party trademarks in connection with this Promotion are for the purpose of entry
requirements and prize description only and such use is not intended to suggest or imply sponsorship, endorsement,
or the approval of this Promotion by any such third party.
8.
Sweepstakes Entry: Sponsor and its agencies are not responsible for failed, partial or garbled entries, computer
transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of
any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running
as planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion,
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governmental regulation (including failure of one or more governmental entities to timely approve Promotion in
accordance with applicable regulations) or any other causes beyond Sponsor’s complete control that corrupt or affect
the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its
sole discretion, to disqualify any individual who tampers with the entry process, and/or to terminate, modify or
suspend the Promotion (including but not limited to terminating/suspending the Promotion in one or more
jurisdictions). In such event, Sponsor reserves the right to conduct the Promotion and award the Grand Prizes in the
Sweepstakes in a manner which is fair, appropriate and reasonably consistent with these Official Rules, as
determined by Sponsor in its sole discretion. No responsibility is assumed by Sponsor for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss,
destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any
telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure
of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet,
network or at any website, or any combination thereof, including without limitation any injury or damage to entrant's
or any other person's computer or other electronic device related to or resulting from participation in or downloading
any materials from this Promotion. Entry materials that have been tampered with or altered are void.
Entrants further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from
participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR
MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK CRIMINAL PROSECUTION AND/OR DAMAGES
TO THE FULLEST EXTENT OF THE LAW.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9.
Notification: The potential winner will be notified by phone or other electronic means at Sponsor’s sole discretion
approximately three (3) business days following the end of the Entry Period. Failure of winner to respond to the
initial notification within three (3) business days after notification or return of e-mail notification as undeliverable
after three (3) attempts will result in disqualification. In the event of any dispute concerning the identity of any
online entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the
transmitting e-mail account. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business,
educational institution, etc.) that is responsible for assigning an e-mail or other type of account.
10. General Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the
decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right in its sole discretion
to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to
be acting in violation of these Official Rules.
11. Requirements: Potential winner and his/her guest may be required to sign and return within five (5) business days
a fully completed and signed Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where
allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release (or any other required
documents) are not signed and returned to Sponsor within the specified time period, potential winner will be
disqualified and an alternate winner selected from all remaining eligible entries received, time permitting.
Acceptance of prize constitutes prize winner’s and his/her guest’s permission for Sponsor/Administrator and their
respective affiliates, successors, representatives and assigns to use their name, voice, likeness, photograph, prize
information, biographical data and city and state of residence in programming, all media, advertising, trade and/or
promotional material, and on a winner's list without compensation or notice, to the extent permitted by law. Sponsor
is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such
information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
12. Limitation of Liability: By participating in this Promotion, entrants agree to release and hold harmless Sponsor,
its parent, subsidiary, affiliated and successor companies, sponsors, advertising and promotion agencies and prize
suppliers, and each of their respective officers, directors, agents, owners, shareholders, representatives and
employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released
Parties") as follows: LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD
HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE
SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR
PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE
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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
OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT THE
RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY,
REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR
IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, THE RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS RELATED THERETO. Releases are not responsible for late, lost, incomplete, illegible,
damaged, or misdirected entries or mail.
13. Disputes: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes
of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the United States District Court for the Northern District of
California or an appropriate California State Court in San Francisco, California if federal court is not a proper or
available venue; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no
circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket
expenses (other than attorneys’ fees), and so waives any and all rights to have damages multiplied or otherwise
increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be
governed by, and construed in accordance with, the laws of the State of California, without giving effect to any
choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause
the application of the laws of any jurisdiction other than the State of California.
14. Winner’s List: For the name of the winners, mail a written request, together with a self-addressed, stamped
envelope to: “2015 10SPAN Big Sur Sweepstakes”, 4596 Tesla Road, Livermore, CA 94550. All such requests must
be postmarked no later than 8/31/2015.
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