Freixenet The Unplanned Moment Caption Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN CA, TN AND WHEREVER ELSE PROHIBITED.
1. ELIGIBILITY: The Freixenet The Unplanned Moment Caption Contest (the "Contest"), brought to you by Freixenet USA (the "Sponsor"), is governed by these Official Rules. The Contest is open only to legal residents of the 50 United States and the District of Columbia (except residents of CA and TN) who are 21 years of age and older. The following persons are NOT eligible to participate: Employees, directors and officers of Sponsor, the advertising and promotional agencies of Sponsor (collectively the foregoing shall be referred to as "Contest Parties"), and licensed alcohol beverage wholesalers, distributors, retailers, and their respective employees, families, and household members. Subject to all federal, state, and local laws and regulations. Void in CA, TN and wherever else prohibited by law.
2. THE CONTEST PERIOD: The Contest begins on November 13, 2009 at 12:00:01 a.m. Central Time (CT) and concludes on April 30, 2010 11:59:59 p.m. CT ("Contest Period"). The computer of the Sponsor is the official timekeeping device for this Contest.
3. HOW TO ENTER THE CONTEST: Visit www.freixenetusa.com/UnplannedCaption_gallery.php (the "Web Site"), between November 13, 2009 at 12:00:01 a.m. CT and April 23, 2010 at 11:59:59 p.m. CT during an "Entry Period" (as defined below), and click on the text link(s) to access the Caption Contest registration page. Follow the online instructions to view the photographs and register and then submit your original caption to one (1) of the available photographs of no more than 250 characters in length ("Entry") for posting. Entries may be submitted during the following times (each an "Entry Period"): between November 13, 2009 at 12:00:01 a.m. CT and November 23, 2009 at 11:59:59 p.m. CT; between December 1, 2009 at 12:00:01 a.m. CT and December 24, 2009 at 11:59:59 p.m. CT; between January 1, 2010 at 12:00:01 a.m. CT and January 24, 2010 at 11:59:59 p.m. CT; between February 1, 2010 at 12:00:01 a.m. CT and February 21, 2010 at 11:59:59 p.m. CT; between March 1, 2010 at 12:00:01 a.m. CT and March 24, 2010 at 11:59:59 p.m. CT; and between April 1, 2010 at 12:00:01 a.m. CT and April 23, 2010 at 11:59:59 p.m. CT. Entries are only eligible to win during the Voting Period (as defined below) in which they are submitted; entries do not roll over and are not eligible to receive votes or win in subsequent months. Entrants may opt to receive email communications from Sponsor. Entrants can be removed from email communications at any time by following the online instructions. Opting to be removed from the email communications will not affect chances of winning.
4. CAPTION CONTEST ENTRY REQUIREMENTS: Any Entry deemed inappropriate to post online by Sponsor will be disqualified. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR'S WEBSITE, IN SPONSOR'S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website.
By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of a Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, edit, modify, create derivative works of and publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe any third party rights, and you agree to indemnify, defend and hold harmless Sponsor from any claims to the contrary.
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please see our Proprietary Rights Complaint Process at www.freixenetUSA.com/UnplannedCaption_copyright.php and follow the instructions at that area to contact our designated agent, Wencel/Hess, 400 S. Green Street, Loft H, Chicago, IL 60607, USA; copyright@wencelhess.com. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
5. JUDGING: The Entries will be featured on the Web Site during the Contest Period where consumers will be able to vote for their favorite caption. You must be 21 years of age or older to vote. There will be six "Voting Periods" during the Contest Period: between November 13, 2009 at 12:00:01 a.m. CT and November 30, 2009 at 11:59:59 p.m. CT; between December 1, 2009 at 12:00:01 a.m. CT and December 31, 2009 at 11:59:59 p.m. CT; between January 1, 2010 at 12:00:01 a.m. CT and January 31, 2010 at 11:59:59 p.m. CT; between February 1, 2010 at 12:00:01 a.m. CT and February 28, 2010 at 11:59:59 p.m. CT; between March 1, 2010 at 12:00:01 a.m. CT and March 31, 2010 at 11:59:59 p.m. CT; and between April 1, 2010 at 12:00:01 a.m. CT and April 30, 2010 at 11:59:59 p.m. CT. During each Voting Period, a potential prize winner will be determined based upon the number of votes received through the end of the Voting Period, with a Grand Prize being awarded to the eligible entrant with the highest number of votes received during the applicable Voting Period. Votes earned during a Voting Period will not roll over into the next Voting Period. Limit one (1) vote per person/email address per Entry per Voting Period. Any attempt by entrant and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email addresses and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify entrant in its reasonable discretion. In the event of a tie, an additional consumer voting period will take place for tied entrants only on dates and times as determined by Sponsor in its sole discretion.
By accepting a prize, the winner agrees that its Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
ENTRIES POSTED TO THE WEB SITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
All potential winners will be notified by email on or about fifteen (15) days following each Voting Period.
6. PRIZE DETAILS/ODDS: Six (6) Grand Prizes: Four (4) Freixenet-branded wine flutes. Approximate Retail Value ("ARV"): $40.00. The difference between any stated prize value and actual prize value will not be awarded. No substitutions, cash redemptions or transfer of any prizes permitted. In case of unavailability of any prize, sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded provided they are properly claimed in accordance with these Official Rules. Limit one prize per person, household or family. All taxes on prizes are sole responsibility of winner. Total retail value of all prizes: $240.00.
7. GENERAL TERMS & CONDITIONS: By participating, entrants agree to these Official Rules, which are final and binding in all respects. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Web Site. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Allow up to eight (8) weeks for shipment of prizes following verification. All potential winners will be notified by e-mail. Entrants must have a valid e-mail address. Sponsor is not responsible for any changes in e-mail, mailing address and/or phone number. Potential Grand Prize winner must execute and return an affidavit of eligibility and liability/publicity release (where permissible) within fourteen (14) days of receipt of notification or prize will be forfeited. Except where prohibited by law, winners grant (and agree to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, the prize will be forfeited even if the disqualified potential winner's name may have been publicly announced, and Sponsor may award the prize to the entrant that received the next highest number of votes during the applicable voting period. Winners are solely responsible for any federal, state or local taxes on prizes. Contest subject to all federal, state, and local laws and regulations. Void in California, Tennessee, outside the United States and D.C., and where prohibited. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of the Contest, including without limitation, barring and disqualifying participants who do not comply with these Official Rules. If, for any reason, the Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend the Contest and determine winners from eligible entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. No more than the number of prizes stated in these Official Rules will be awarded. In the event of a dispute regarding the identity of an online entrant, such Entry will be deemed to be made by the Authorized Account Holder (as defined below) of the e mail address submitted at the time of entry. "Authorized Account Holder" is deemed as the natural person who is assigned to an e mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e mail addresses for the domain associated with the submitted e mail address.
8. LIMITATIONS OF LIABILITY: As a condition of entering, entrants agree (and agree to confirm in writing) (a) to release, hold harmless and indemnify the Contest Parties and Sponsor, its affiliates, subsidiaries, sales representatives and each of their respective shareholders, directors, officers, employees and agencies, from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys' fees and court costs) arising directly or indirectly from or in connection with his/her participation in the Contest, acceptance, possession or use/misuse of the prize or participation in any prize-related activity, including any travel related thereto, or use of entry; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, or non-delivered mail or entries; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Web Site users, or by any equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Web Site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Contest or Web Site, may be acting in violation of the terms of the Web Site or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any web site or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents.
9. GOVERNING LAW: By entering, entrants agree that this Contest shall be governed by the laws of California, without respect to conflict of law doctrines. By entering, participating or accepting any prize in this Contest, you agree that California courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in Sonoma County, California. Further, in any such dispute, under no circumstance will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including reasonable attorneys' fees, other than participants actual out-of-pocket expenses (i.e. costs associated with this Contest).
10. WINNERS LIST: For the names of the Contest winners, send a hand-printed, self-addressed, stamped envelope to: Wencel/Hess, 400 S. Green Street, Loft H, Chicago, IL 60607. Requests must be received by June 30, 2010.
11. SPONSOR: The Contest Sponsor is Freixenet USA, PO Box 1949, Sonoma, CA 95476, USA.
12. ADMINISTRATOR: Wencel/Hess, 400 S. Green Street, Loft H, Chicago, IL 60607, USA.
