This “Name the Owl” promotion and contest (the “Contest”) is offered by Bota Box Vineyards (the “Sponsor”).
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE CONTEST CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest are called an “Entrant” for the purposes of these Official Rules.
1. Eligibility. The Contest is open to individuals who are at least twenty one (21) years of age. Entrants must be legal residents of the United States or the District of Columbia (the “Contest Area”). Sponsor’s employees, wholesalers, distributors, retailers, their employees, agents, officers, directors, shareholders, members, managers and owners of the Sponsor and their immediate family members and those individuals living in the same household are not eligible to enter or win. Past winners of other promotions and contests offered by Sponsor within the previous six (6) months and their immediate family members and those individuals living in the same household are not eligible to enter or win. THE CONTEST, INCLUDING ALL ADVERTISING AND MARKETING RELATED TO THE CONTEST, ARE INTENDED ONLY FOR PERSONS OF LEGAL DRINKING AGE.
2. Contest Period. This Contest begins August 1, 2015, and ends August 15, 2015 (the “Contest Period”).
3. How to Enter. Registration with Facebook is required to enter the Contest. If you do not have a Facebook account, you can sign up at no cost at www.facebook.com or via the Facebook mobile application available via the applicable app store for your mobile device.
The Contest entry page is located at www.facebook.com/botabox (the “Facebook Page”). To enter, go to the Facebook Page, locate the “Name the Owl” post on the Facebook Page, and submit your name for the owl by posting your proposed name in the Comments section for the “Name the Owl” post. Submit your entry by clicking on the submit button in the Comments feature.
Only one (1) entry per Facebook user account will be accepted for the duration of the Promotion Period. Additional entries received from any person in excess of the stated limitation will be void.
Sponsor will void any Entrant who submits ineligible entries (or attempts to make multiple entries by using multiple/different email, identities or any other methods). Sponsor reserves the right to verify eligibility of all Entrants. Illegible and incomplete entries will be void.
4. Winner Selection and Notification: Entries will be judged by a panel of judges based on the following criteria: 50% brand essence and 50% creativity. Sponsor will select one (1) prize winner at the end of the Contest Period. In the event of a tie, the highest score for brand essence among the tied Entries will be the tie-breaker.
Selection and notification for the winner will occur on or by August 20th, 2015. The selected individual will be notified via the individual’s Facebook profile and account, and will be required to complete and return to Sponsor an identity verification questionnaire and liability and publicity release within five (5) days or the Prize will be forfeited and an alternate winner may be selected by Sponsor (and in such case this process will be repeated).
In consideration for being awarded a Prize, the winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of the Prize winner’s name and/or likeness in any and all advertising, promotions, and other publicity conducted by Sponsor and its affiliated entities, representatives, and agents, except where prohibited by law.
5. Prizes: One (1) prize winner will be eligible to receive a $100 gift card from Sponsor (the “Prize”). No portion of the Prize may be transferred, exchanged for cash, or substituted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of winner. The Prize is subject to availability. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, implied warranty of merchantability or fitness for a particular purpose). Acceptance and use of the Prize is at winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising in connection with the use or misuse of the Prize. Prize winner will be solely responsible for all federal, state, and local taxes and fees and other expenses associated with receiving and using the Prize.
The odds of winning a Prize will depend on the number of eligible Entries received during the Contest Period.
6. Entry Requirements. By entering the Contest and providing an Entry, you understand that your Entry and information may be featured on or in Sponsor’s website, social media accounts, and other public and private marketing communications by Sponsor. By providing an Entry, you waive and release any rights you may have with respect to Sponsor using the Entry for Sponsor’s purposes, including commercial purposes. In addition, in order to participate in the Contest, Entrants will be required to supply certain information about themselves. Sponsor has specified which information is mandatory in order to participate in the Contest.
By entering the Entry in the Contest, you make the following representations and warranties: (i) the Entry is your sole, original work; (ii) your Entry does not contain obscene, profane, lewd, defamatory, unlawful, or inappropriate content, or content disparaging to Sponsor – all as determined in Sponsor’s sole discretion; (iii) your Entry does not violate the privacy, property, or publicity rights of any person, living or deceased; and (iv) your Entry does not copy or otherwise plagiarize proprietary material from another source or person. Entries should not contain any third party materials, copyrights, trademarks, logos, or any other mark identifying a third party brand. Sponsor reserves the right to void and/or remove any Entry that it considers in its exclusive discretion to violate any of the above representations and warranties.
Any Entry that does not meet the requirements of this Section and otherwise in these Official Rules will be disqualified and void.
7. General Contest Conditions. Neither Sponsor nor the Contest are affiliated with or endorsed by Facebook or any other third party service used to upload and enter an Entry. All Entries must comply with the terms and conditions of any third party service used to upload the Entry (e.g., Facebook), including the creation of an account through the applicable service. Entrants are solely responsible for complying with those third party terms and conditions, and maintaining the technological, hardware, and internet capabilities required to use those third party services. Sponsor will not be responsible or liable in any manner for any Entrant’s or person’s inability to submit an eligible Entry, including, but not limited to, Entries that are late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed due to hardware, software, network or system errors, or failures of any kind.
Sponsor may prohibit any Entrant from participating in the Contest or winning the Prize if Sponsor determines in its sole discretion that the Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives. Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
This contest is subject to all applicable federal, state, and local laws. All Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All Entrants agree to follow the Official Rules. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
If for any reason this Contest is not capable of running as planned, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify, or suspend the Contest.
8. Release; License to Use. Except where prohibited by law, an Entrant’s submission of an Entry constitutes the Entrant’s irrevocable, sub-licensable, absolute right and permission for Sponsor and its affiliated entities, representatives, and agents, to use, publish, post, or display Entrant’s name, photograph, video, likeness, statements, information, city and state, Prize information (as applicable), any quotes attributable to him or her, and any other indicia of person (regardless of whether modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for any purpose, including but not limited to advertising, trade, promotional, and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval, or compensation of any kind. Each Entrant releases Sponsor and its affiliated entities, representatives and agents from any and all liability related thereto. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted in this Rules and each Entrant waives any right to inspect or approve any such use.
9. Limitations on Liability. WINNERS AND ENTRANTS RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND REIMBURSE SPONSOR AND ITS RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, OR PARTICIPATION IN ANY PROMOTION RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
To the maximum extent permitted by law, Sponsor and its affiliated entities, representative and agents will not be responsible or otherwise liable for any reason for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages related to the Contest, including any access to or use of the Facebook Page or any downloading from or printing material from the Facebook Page. Everything on the Facebook Page is provided “as is” without warranty of any kind, either expressed or implied.
10. List of Winners. To obtain a list of the Contest winners, available ten (10) days after the Contest Period, send a self-addressed, stamped envelope with your request to: “Name the Owl,” Bota Box Vineyards, 12001 S. Highway 99, Manteca, CA 95336.
11. Disputes. Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize will be resolved individually and exclusively by binding arbitration to be held in San Francisco, San Francisco County, California; (ii) 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 ($100); (iii) attorneys’ fees will not be awarded or available to Entrant; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without giving effect to conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING A DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.
SPONSOR: Bota Box Vineyards, 12001 S. Highway 99, Manteca, CA 95336.
ADMINISTRATOR: Cordial 831 S. School Ave. Fayetteville, AR 72701.