Z. ALEXANDER BROWN WINES - WIN A TATTOO TTW SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR
CHANCES OF WINNING. NO ALCOHOL IS INCLUDED IN THE PRIZE(S).
This Sweepstakes is sponsored by Z. Alexander Brown Wines, 12001 S. Highway
99, Manteca, CA 95336 (the "Sponsor").
1. ELIGIBILITY. Sweepstakes participation is open only to
legal residents of Connecticut, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, Rhode Island, Tennessee, Vermont, Virginia and
West Virginia, who are 21 years of age or older at the time of entry.
Sweepstakes is void in U.S. Military installations in foreign countries, all
other U.S. territories and possessions and where restricted or prohibited by
law, or where Sponsor is unable to obtain regulatory approvals. The Z.
Alexander Brown Wines - Win a Tattoo TTW Sweepstakes ("Sweepstakes") begins
12:00AM Eastern Time ("ET") on August 15, 2022 and ends 11:59:59PM ET on
October 15, 2022 ("Entry Period"). Electronic entries may sometimes herein
collectively be referred to as an "Entry" or "Entries". All Entries become the
property of Sponsor and will not be acknowledged or returned.
The following individuals are not eligible: employees, contractors, members,
directors, managers and officers of Sponsor and each of its respective parent,
affiliates, subsidiaries and web-design, advertising and promotion agencies,
fulfillment, judging or other agency involved in the administration,
development, fulfillment and execution of this Sweepstakes (collectively,
"Parties"), and the immediate family members (parent, spouse, sibling, child,
and their respective spouses or "step" of each, all lineal descendants,
including those by adoption, regardless of where they reside) and those living
in their same households whether or not related. Licensed distributors or
retailers of alcoholic beverages, 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, agency or any organizations responsible for sponsoring,
fulfilling, administering, advertising or promoting the Sweepstakes 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, stepparents, children, stepchildren, siblings,
stepsiblings, or spouses. "Household members" shall mean people who share the
same residence at least three months a year.
2. TO ENTER.
TEXT ENTRY
Enter using your SMS-enabled mobile phone by texting "TATTOO" to shortcode
24272. You (sometimes referred to herein as an Entrant) will receive a reply
text message prompting you to provide your date of birth (DOB), state
abbreviation and full email address. After your age is confirmed, state
verified and email address accepted, you will be automatically entered into
the Sweepstakes. Except as otherwise provided in these Official Rules, limit
one Entry per person or email address during the Entry Period. Participants
must have a mobile phone with text messaging and web browsing capabilities, as
may be applicable, to enter and may incur a standard text message and/or data
charge from their wireless service provider for entering, or each message sent
and received. Check with your wireless service provider for details on these
and other applicable charges. Participants are solely responsible for any such
wireless charges. Not all wireless carriers participate. Entrants must be the
authorized account holder of the account from which the Entry is submitted.
Entrants understand the Entry is considered an electronic signature agreeing
to the terms and giving consent to receive automated text messages from
Sponsor.
By participating in the Sweepstakes, Entrants agree that Sponsor shall have
the right to use all personal information provided to Sponsor in accordance
with the privacy policy found at
www.zalexanderbrown.com/global/privacy-policy.html At the time of entry,
Entrants might be given the opportunity to opt-in to receive further
communications from Sponsor. Entrants are not required to opt-in and opting in
will not improve your odds of winning. No more than four (4) messages per
month, and in some months there may be none. Entrants may text STOP to 24272
to stop receiving text messages.
ALTERNATIVE METHOD
Alternatively, you can send an email to promotionalsweepstakes@avidinc.com
with "DFV4030602W Z. Alexander Brown Wines - Win a Tattoo TTW Sweepstakes" in
the subject line and include your full name, address, date of birth and
telephone number in the body. Email entries must be received by 11:59:59 PM ET
on October 15, 2022.
Each Entrant may enter a maximum of one (1) time for the duration of the Entry
Period, regardless of method of Entry. Entrants agree to comply with these
Official Rules. The Sweepstakes and all content thereof is intended only for
those who are of legal drinking age or older. Entrants should 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. By submitting an Entry, Entrants irrevocably grant
Sponsor and its 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 name and picture/photo ("Likeness"), and/or
statements regarding his/her participation in this Sweepstakes (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. Entrants expressly waive 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.
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.
Entrants agree to indemnify and hold Sponsor, its agencies and Parties and
their respective affiliates, members, directors, managers, officers, agents,
co-branders or other partners, and any of their employees (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 Sweepstakes,
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. Entrants further agree to forever release and
discharge Sponsor from any and all claims that any advertising subsequently
produced, presented, and/or prepared by or on behalf of Sponsor infringes
Entrant's rights with regard to any elements, characters or ideas contained in
any Entry.
If for any reason the Sweepstakes 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 Sweepstakes, Sponsor
reserves the right at its sole discretion, to cancel, terminate, modify and/or
suspend the Sweepstakes 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
Sweepstakes or to undermine the legitimate operation of the Sweepstakes 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 Sweepstakes. Sponsor is not responsible
for any typographical or other error in the printing of the offer,
administration of the Sweepstakes, 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.
Sweepstakes is subject to all applicable federal, state, and local laws and
regulations.
4. PRIZE(S). There will be a total of eleven (11) prizes
offered in the Sweepstakes. Each prize winner will receive a $500 Visa gift
card to use toward a tattoo. Each gift card has an Approximate Retail Value
("ARV") of $500. Total ARV for all prizes is $5,500. Eleven (11) winners will
be selected, one from each eligible state. Alcohol is not part of any prize.
Winners must be 21 years of age or older.
No substitution or cash equivalent of prize(s) is permitted except at
Sponsor's sole discretion. Winners are responsible for any and all federal,
state and local taxes or assessments, as well as any forms as may be required
by said taxing authorities (e.g., IRS Form W-9). Any person winning over
$600.00 in prizes will receive an IRS Form 1099 Miscellaneous from Sponsor for
the calendar year in which any prize is awarded. Odds of winning depend on the
number of eligible Entries received.
This Sweepstakes is in no way sponsored, endorsed, administered by, or
associated with Visa.
5. WINNER SELECTION. The potential winners will be selected
in a random drawing from all eligible Entries on or around October 16, 2022.
Winners will be drawn by an independent judging organization whose decision
with respect to the selection of the winners and the interpretation of these
rules and regulations will be final. Winners will be notified by telephone
and/or email. Winners will have 48 hours from time of initial notification to
respond. If a respective winner does not respond within the 48 hours or an
email notification is undeliverable after up to three (3) attempts, a new
winner may be selected. If after choosing two (2) potential winners for each
state and one cannot be qualified as a winner, the Sponsor has the option to
NOT award the prize for that state. Winners may be required to sign and return
an Affidavit of Eligibility, Acceptance of Conditions, and Liability/Publicity
Release or similar (where allowed by law) within three (3) calendar days. If a
potential winner does not return fully executed paperwork within three (3)
calendar days, the potential winner may be disqualified, and an alternate
winner may 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. Sponsor and its agencies are 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 may be selected from among all eligible
Entries received during the Entry Period.
6. HOLD HARMLESS. Sweepstakes is provided "as is". Winners
and Entrants agree that Sponsor and the Parties shall not be responsible or
liable for, and each winner and Entrant agrees to release and hold harmless
Sponsor and the Parties from all losses, damages, or injuries of any kind to
person, including personal injury or death, or property resulting from
participating in the Sweepstakes or Sweepstakes-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 Sweepstakes. By
participating in the Sweepstakes, Entrants agree that Sponsor and the Parties
will have no liability whatsoever for, and that Entrants shall hold Sponsor
and the 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 Sweepstakes, 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 Sponsor and the Parties.
7. LIMITATIONS OF LIABILITY AND RELEASE. No liability or
responsibility is assumed by Sponsor or Parties resulting from any user's
participation in or attempt to participate in the Sweepstakes or ability or
inability to upload information in connection with participating in the
Sweepstakes. No responsibility or liability is assumed by the Sponsor or
Parties for technical problems or technical malfunction arising in connection
with any of the following occurrences which may affect the operation of the
Sweepstakes: 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 any
website in whole or in part for any reason; traffic congestion on the Internet
or any website; unauthorized human or non-human intervention of the operation
of the Sweepstakes, including without limitation, unauthorized tampering,
hacking, theft, virus, bugs, worms; or destruction of any aspect of the
Sweepstakes, or loss, miscount, misdirection, inaccessibility or
unavailability of an email account used in connection with the Sweepstakes.
Sponsor and 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 any website. Use of any website in connection with these
Sweepstakes is at user's own risk. Sponsor and the 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 Sweepstakes, use of any website or the download of any
information from any website. By participating in the Sweepstakes, the
Entrants forever release and discharge Sponsor and Parties from any and all
claims, damages or liabilities arising from or relating to such Entrant's
participation in the Sweepstakes. By accepting a prize in the Sweepstakes,
each winner agrees that the Sponsor and Parties shall not be liable for any
loss or injury resulting from participation in the Sweepstakes, acceptance or
use of any prize. Sponsor and Parties are not liable in the event that any
portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of
war or terrorism, pandemic or any other condition beyond their control (a
"Force Majeure Event").
8. CHOICE OF LAW: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of an Entrant, Sponsor and the
Indemnitees in connection with the Sweepstakes 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 an 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 an Entrant, even
if Entrant proves to be a prevailing party. ENTRANTS ACKNOWLEDGE AND AGREE
THAT THEY HEREBY WAIVE AND RELEASE ANY RIGHT TO BRING ANY DISPUTE AS A CLASS
ACTION OR PARTICIPATE IN THE SAME.
9. RULES REQUESTS/NAME OF WINNER. Full rules can be found
online at
www.zabtattoosweeps2022.com.
Alternatively, to request a copy of the Official Rules, send a self- addressed
stamped envelope to: DFV4030602W Z. Alexander Brown Wines - Win a Tattoo TTW
Sweepstakes - Rules Request, c/o Avid Marketing Group P.O. Box 1008, Rocky
Hill, CT 06067-1008 (return postage may be omitted where prohibited). Requests
received after October 15, 2022, will not be honored. For a list of the
winners, available after November 15, 2022, send a self-addressed stamped
envelope to: DFV4030602W Z. Alexander Brown Wines - Win a Tattoo TTW
Sweepstakes - Winners List Request, c/o Avid Marketing Group P.O. Box 1008,
Rocky Hill, CT 06067-1008 (return postage may be omitted where prohibited).
Requests received after December 15, 2022 will not be honored.
10. ADMINISTRATOR. Sweepstakes Administrator is Avid
Marketing Group 100 Corporate Place #200, Rocky Hill, CT 06067.