FLIPFLOP KICK BACK AND COOL OFF SUMMER 2017 CONTEST OFFICIAL RULES
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE 21 OR OLDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF THE PRIZE.
This CONTEST is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. REFERENCES TO ANY THIRD-PARTY ENTITY OR TRADEMARK DO NOT CONSTITUTE OR IMPLY, AND SHOULD NOT BE CONSTRUED AS, AN ENDORSEMENT OF THIS CONTEST OR FLIPFLOP WINES.
BY PARTICIPATING IN THE CONTEST VIA ONE OR MORE OF THE METHODS DESCRIBED HEREIN, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO, AND COMPLY WITH, THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE CONTEST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
1. SPONSOR: The Flipflop Kick Back and Cool Off Summer 2017 Contest (the “Contest”) is sponsored by The Wine Group LLC doing business as Flipflop Wines, 4596 Tesla Road, Livermore, CA 94550 (the “Sponsor”).
2. ADMINISTRATOR: The Contest is administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (the “Administrator”).
3. ELIGIBILITY: Contest participation is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older at the time of entry. No purchase of alcohol or purchase of any kind is necessary to enter or win. A purchase does not increase your chances of winning. The Contest is void where prohibited or restricted by law. The Contest is being conducted as a consumer contest in accordance with California Business and Professions Code Sections 17539.15 and 25600.2. All federal, state and local laws and regulations apply. The following individuals are not eligible to participate in the Contest: employees, contractors, directors and officers of Sponsor and each of its respective parent, subsidiaries and affiliated companies, distributors, wholesalers, retailers, other alcoholic beverage suppliers, and any agencies involved in the administration, development and fulfillment of the Contest including, but not limited to, web design, advertising, marketing, public relations, and prize fulfillment companies, and the immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual.
4. CONTEST ENTRY PERIOD: The Contest begins at 10:00:00 a.m. Eastern Time (“ET”) on June 5, 2017 and ends at 5:00:00 p.m. ET on July 28, 2017 (the “Entry Period”) and consists of eight (8) weekly entry periods (each, a “Weekly Entry Period”). For the purposes of the Contest, a “week” is defined as beginning on Monday at 12:00:00 AM ET and ending on Sunday at 11:59:59 PM ET each week, with the exception of the first week which will begin on Monday, June 5, 2017 at 10:00:00 a.m. ET and the last week which will end on Friday, July 28, 2017 at 5:00:00 p.m. ET.
All Entries must be received by 11:59:59 p.m. ET on the last day of the Weekly Entry Period as stated above to be included in the judging for that week’s Weekly Entry Period (except for the last week, when Entries must be received by July 28, 2017 at 5:00:00 p.m. ET).
5. HOW TO ENTER: During a Weekly Entry Period, you may enter the Contest as indicated below. All entry components submitted during part of the entry process shall herein be referred to as the “Entry” or, collectively, the “Entries”. All Entries become the property of Sponsor.
- How to Enter on Instagram: You may enter the Contest by posting a photo depicting how you kick back and cool off during the summer to Instagram. Your post must include #flipflopkickbackcontest for your Entry to be eligible. To enter via Instagram, you must have an Instagram account and have your account settings set to “unprotected” or “public”. If you do not have an Instagram account, you may create one by downloading the free Instagram app on a mobile device at either the Apple® App Store, Google® Play store or Windows® Marketplace. Once the app has downloaded, you will be prompted to complete the on-screen registration form, which is free. Your photo, along with the hashtag #flipflopkickbackcontest will constitute your entry into this Contest (“Entry”).
- How to Enter on Twitter: You may enter the Contest by posting a photo depicting how you kick back and cool off during the summer to Twitter. Your post must include #flipflopkickbackcontest for your Entry to be eligible. If you do not have a Twitter account, you may create one by visiting Twitter.com and completing the on-screen registration form, which is free or by downloading the free Twitter app on a mobile device at either the Apple® App Store, Google® Play store or Windows® Marketplace. Once the app has downloaded, you will be prompted to complete the on-screen registration form, which is free. Your photo, along with the hashtag #flipflopkickbackcontest will constitute your entry into this Contest (“Entry”).
Partial or incomplete/piecemeal submissions (e.g., posting a photo without the hashtag #flipflopkickbackcontest) will NOT BE ACCEPTED.
Each entrant must submit an original photo (DO NOT COPY OTHERS’ WORK). Potential winners will have to provide written permission/authorization from each other person in the photo. Other persons in the photo must be 21 years of age or older.
Entrants must have a non-private Instagram or Twitter account to enter the Contest and maintain this status for at least sixty (60) days following the end of the Entry Period to be named as a winner and win/claim a prize as well as for notification purposes. Due to Instagram’s and Twitter’s terms, Sponsor may not receive entries from an Instagram or Twitter account that is set as “protected” or “private” (i.e., account settings that require the account holder to approve viewers).
If multiple individuals submit the same photo to the Contest, the photo that was received first will be considered the eligible Entry and subsequent entries will be disqualified.
Creation and use of an Instagram or Twitter account may require the acceptance of Instagram’s or Twitter’s Privacy Policy and Terms of Service. Registration on Instagram or Twitter is a one-time requirement. If you are a returning visitor to Instagram or Twitter, you may be prompted to log-in using your e-mail or username (as applicable).
There is no limit to the amount of times you may enter as long as each Entry is unique.
Once submitted, photos become the sole property of Sponsor, cannot be modified by an entrant, and will not be returned. By submitting a photo, the entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission, including from the photographer, if other than entrant) to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post the entrant’s photo, name, likeness and all other information about the entrant contained in the photo on the World Wide Web, and to otherwise use the entrant’s photo, name, likeness and all other information about the entrant in the photo without compensation in the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such grant of rights will be confirmed by winner upon Sponsor’s request and winner agrees to sign any and all necessary confirming documents without compensation of any kind (other than the prize).
Entrant further warrants and represents that he/she has fully complied with these Official Rules and that his/her photo: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy (without in any way limiting the preceding, entrant represents and warrants that he/she has obtained permission from the photographer if not him/herself (upon Sponsor’s request, winner must submit proof of obtaining all necessary consents); (3) is not defamatory, slanderous, libelous, scandalous or obscene as determined by Sponsor in its sole discretion; (4) is entirely entrant’s own original work and entrant owns or controls all right, title and interest in the photo, including but not limited to its copyright; (5) has not been submitted in any other competition or Promotion; (6) does not contain any virus, bugs, or other deleterious material; (7) does not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor); (8) does not name, depict or describe any person (living, dead, or fictional) other than the entrant him/herself; (9) does not depict the excessive or irresponsible consumption of alcohol as determined by Sponsor in its sole discretion nor does it contain any brand that is competitive to Flipflop Wines; (10) without limiting the foregoing, does not contain any material that is protected by copyright other than the copyright owned exclusively by the entrant, including but not limited to product labels that are subject to others’ copyright.
Submissions may not (and Sponsor and Administrator reserve the right to disqualify any photos that do): 1) include nudity or what Sponsor, in its sole discretion, considers to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech or drug usage; 2) disparage Sponsor or any other party, including brands or trademarks other than those of Sponsor (this includes but is not limited to the brands/trademarks of Sponsor’s competitors); 3) depict acts of violence or aggression; 4) advocate illegal conduct of any kind. If a photo is unable to be viewed by Administrator for any reason whatsoever, that photo (as well as the entry of which it is a part) shall be disqualified (and Contest Entities, as defined below, will not be responsible or liable for any such inability).
Use of automated entry devices or programs, or Entries by third parties, are prohibited. All Entries become the property of Sponsor and will not be acknowledged.
By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Contest Entities (as defined below) from any action or liability resulting from your participation in the Contest and/or any other information included in any Entry. Normal internet access and usage charges imposed by an entrant’s internet service provider may apply and are the entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by the entrant’s phone service provider may apply and are the entrant’s sole responsibility.
6. SOCIAL MEDIA DISCLOSURE AND PRIVACY POLICY: This Contest is in no way sponsored, endorsed, administered by, or associated with Instagram or Twitter. Sponsor and entrants hereby release Instagram and Twitter from any and all liability, loss, or damage resulting from administration of, communication of, or participation in the Contest.
Provision of information online is governed by Flipflop Wines’ Privacy Policy, accessible at https://flipflopwines.wpengine.com/privacy, Twitter Terms and Policies, accessible at https://twitter.com/privacy?lang=en, and Instagram’s Privacy Policy, accessible at https://help.instagram.com/155833707900388. If you do not agree with the policies, do not participate in the Contest or otherwise use Twitter or Instagram.
You are providing your information to Sponsor and not to these social media platforms. All personal information collected by Sponsor will be used for administration of the Contest. In addition, entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s privacy policy located at https://flipflopwines.wpengine.com/privacy for important information regarding the collection, use and disclosure of personal information by Sponsor.
8. CONTEST GRAND PRIZE: Eight (8) Grand Prize Winners [one (1) per Weekly Entry Period] will receive an Igloo® Trailmate cooler and a Flipflop Wines branded beach umbrella. The approximate retail value (“ARV”) of each Grand Prize is $289.
The actual value of the Grand Prize depends on market conditions at the time of fulfillment. Any difference between ARV and actual value will not be awarded. All prize details will be determined by Sponsor in its sole discretion.
10. JUDGING: One (1) Winner per Weekly Entry Period [Eight (8) Winners total] will be determined on or about the Wednesday following the end of the applicable Weekly Entry Period by a panel of Sponsor-selected judges whose decisions are final on all matters relating to the Contest. The Entries will be judged based on the following judging criteria: Originality (40%), Relevance to Theme (30%), and Cleverness (30%). The top Entry with the highest score from the judging panel will be deemed the Grand Prize winner for the applicable Weekly Entry Period. In the event of a tie, tied Entries will be re-judged by the judges based solely (100%) on Originality to determine the winner. Captions on the Entry photo, if any, will not be judged.
11. WINNER NOTIFICATION: The potential Grand Prize winners will be notified by direct message on Twitter or Instagram (depending on the winner’s entry method) and will be required to send an e-mail to the e-mail address indicated in the direct message with his/her name, Twitter handle/Instagram username, and date of birth within twenty-four (24) hours of the message being sent. Each potential Grand Prize winner will then be required to return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited by law) along with a copy of a government-issued photo I.D. within three (3) days of receipt of e-mail or the prize will be forfeited and an alternate winner will be determined. Return of any prize notification or prize as undeliverable may result in disqualification and forfeiture of prize and determination of an alternate winner.
Personally identifiable information, including entry information received, will be used to verify eligibility and award the prize.
In the event of any dispute concerning the identity of any entrant of an Entry, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting account. Sponsor and its agencies are not responsible for notifications that are misdirected because contact details as provided by the entrant are no longer correct, or for any other reason beyond the exclusive control of the Sponsor.
12. GENERAL RULES/VERIFICATION: By acceptance of the prize, the winners grant permission to the Sponsor and its agencies to use their names, cities, states, photos, Entries and likenesses for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, entrants/winners hereby agree, release, discharge, and hold harmless Sponsor and its parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the “Contest Entities”) from any and all injuries, loss, claims or damages arising out of an entrant’s participation in the Contest and/or entrant’s and winners’ acceptance or use or misuse of prize. By participating in the Contest, entrants agree that the Contest Entities will have no liability whatsoever for, and that entrant shall defend and hold the Contest Entities 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 the 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 Entities.
If for any reason the Contest is not capable of running as planned, including without limitation 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. In the event the Contest is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Grand Prizes based on the judging criteria listed above from among all eligible entries received for each Weekly Entry Period prior to cancellation. Any attempt by an entrant to deliberately damage any website involved in the Contest or undermine the legitimate operation of the Contest may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including, without limitation, criminal prosecution, and damages, including, without limitation, attorneys’ fees and expenses, from any such entrant to the fullest extent of the law. 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 sent or Entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including, without limitation, any injury or damage to an entrant’s or any other person’s computer, tablet or mobile device related to, or resulting from, participation in or downloading any materials related to this Contest. Sponsor is not responsible for any typographical or other error in the printing of the Contest materials, 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 an Entry, to be violating these Official Rules, or to be acting in a disruptive manner. In no event will the Sponsor be obligated to award more than the eight (8) Grand Prizes described herein.
13. RULES/NAMES OF WINNERS: A copy of these Official Rules can be found on https://flipflopwines.wpengine.com/kickbackcontest. For the names of the Winners, available for a period of at least 30 days after July 14, 2017, send a self-addressed-stamped envelope to: Flipflop Kick Back and Cool Off Summer 2017 Contest Winners, 100 Marcus Drive, Dept. KF, Melville, NY 11747.
14. DISPUTES: To the fullest extent permitted by law, entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Contest or the prize awarded (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, entrant and Sponsor shall enter into arbitration proceedings in San Francisco, California before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees or expenses or other costs related to litigation; (4) 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, and waives any and all rights to have damages multiplied or otherwise increased.
15. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest 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) that would cause the application of the laws of any jurisdiction other than the State of California.
16. SEVERABILITY: If any provision of these Official Rules becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from these rules and such court (or, if such court refuses to do so, the Sponsor) will replace such illegal, void or unenforceable provision of these Official Rules with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Official Rules shall remain in place and enforceable in accordance with their terms.
17. NO WAIVER: The failure of Sponsor to assert any right hereunder, or to insist upon compliance with any term or condition of these Official Rules shall not constitute the waiver of that right or excuse the subsequent performance or non-performance of any such term or condition by entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules.