GET GRILLING WITH AVALON SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER TO ENTER.
1. SPONSOR. The “Get Grilling With Avalon” Sweepstakes (the “Sweepstakes”) is sponsored and administered by Purple Wine Company, LLC dba Purple Wine + Spirits, 9119 Graton Road, Graton, CA 95444 (the "Sponsor").
2. TO ENTER. Sweepstakes participation is open only to legal residents of the state of Texas (except where prohibited or restricted by law), 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, nor does a purchase increase the chances of winning. All federal, state and local laws and regulations apply.
3. SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins 12:00 AM Pacific Time ("PT") on April 1, 2019 and ends 11:59 PM PT on June 30, 2019 (the "Entry Period").
4. HOW TO ENTER. To enter, use your SMS-enabled mobile phone to text “GETGRILLING” to shortcode 31279. You will receive a reply text message with a link to www.avalongrilling.com. You must verify you are 21 years of age or older to enter, then complete the official entry form including your full name, city, state, zip code, telephone number, email address and date of birth verification to enter. Send your entry by clicking on the submit button (each an “Entry”). Limit one Entry per email address per day. For the purpose of the Sweepstakes, a “day” is defined as beginning at 12:00:00 AM PT and ending at 11:59:59 PM PT. Multiple entries in excess of this limitation or mass entry attempts may result in disqualification of all entries by such person at Sponsor’s discretion. Entries must be entered directly by the “Entrant”; use of automated entry devices or programs, or entries by third parties, are prohibited. Duplicate or incomplete entries will be disqualified. Participants must have a mobile phone with text messaging and web browsing capabilities to enter and may incur a standard text message and/or data charge from their wireless service provider for 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.
All electronic entries must be received by 11:59 PM PT on June 30, 2019. All entries become the property of Sponsor and will not be acknowledged or returned. Void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in the Sweepstakes, Entrants agree to be bound by these Official Rules, and the decision of the Sponsor and judges, which shall be final and binding in all respects.
If you are unable to participate via text message, you may enter by mail by hand printing your full name, complete address, telephone number, email address and date of birth on a plain 3" x 5" card and mail it to: "Get Grilling With Avalon" Sweepstakes, c/o One Line Agency, P.O. Box 610505, Bayside, NY 11361-0505. Group and mechanically reproduced entries, including photocopies, are not eligible. Sponsor will not be responsible for late, lost, illegible, mutilated, incomplete, misdirected or postage due entries. All mail-in entries must be postmarked by June 30, 2019 and received by July 5, 2019. Each Entry must be mailed separately.
5. GENERAL RULES. The following individuals are not eligible: employees, contractors, directors and officers of Purple Wine + Spirits and each of its respective parent, subsidiaries and affiliated companies, as well as any web design, advertising, fulfillment, judging or other agency involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, "Parties"), 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. Further, 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 have, within the past six (6) months, performed services for Purple Wine + Spirits, One Line Agency or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize, 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. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
By entering, Entrant irrevocably grants 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 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. Entrant expressly waives 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.
By entering, you represent and warrant that you have fully complied with these Official Rules. Entrant agrees to indemnify and hold Sponsor, its agencies and Parties and their respective affiliates, officers, directors, 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. Entrant further agrees 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 is not capable of running 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 undermine the legitimate operation of the Sweepstakes may be a 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. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and the judges, which shall be final in all respects. 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.
SOCIAL MEDIA DISCLOSURE. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram, Twitter or any other social media platform and Sponsor and Entrants hereby release Facebook, Instagram and Twitter from any and all liability, loss or damage resulting from administration of, communication of or participation in the Sweepstakes. You are providing your information to Sponsor and not to these social media platforms.
6. PRIZES. A total of ten (10) Grand Prizes will be offered in the Sweepstakes. Each Grand-Prize winner will receive one (1) Premium Avalon Charcoal Grill. The make, color and features of each prize will be selected by Sponsor in its sole discretion. Any prize pictured or mentioned in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. No alcoholic beverages are included in the prize. Approximate Retail Value (“ARV”) of Grand Prize is $200. ARV of all prizes is $2,000. Actual value depends on market conditions at time of fulfillment. Any difference between ARV and actual value will not be awarded. Restrictions may apply. All prize details will be determined by Sponsor in its discretion. No substitution or cash equivalent of prizes is permitted except at Sponsor’s sole discretion. Winners are responsible for any and all federal, state and local taxes or assessments and any person winning over $600.00 in prizes will receive an IRS Form 1099 from Sponsor for the calendar year in which the prize is awarded. Odds of winning depend on the number of eligible entries received. Prizes are awarded "as is."
7. RANDOM DRAWING. Potential winners will be chosen in a random drawing to be held on or about July 8, 2019 from among all eligible entries received 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 or email. Winners will be required to sign and return an Affidavit of Eligibility, Release and Indemnification and a Publicity Release (where allowed by law) within five (5) business days. If potential winner does not reply to such notification within five (5) business days, an email notification is undeliverable after up to three (3) attempts and/or the Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, winner will be disqualified and an alternate winner will be selected. Personally identifiable information received will be used only to verify eligibility and award prizes.
In the event of any dispute concerning the identity of any Entrant of an online entry, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting 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 will be selected from among all eligible entries received during the Entry Period.
8. HOLD HARMLESS. Sweepstakes provided "as is". Winners and Entrants agree that the Sweepstakes Entities shall not be responsible or liable for, and each winner and Entrant agrees to release and hold harmless the Sweepstakes Entities from 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 the Sweepstakes Entities will have no liability whatsoever for, and that Entrant shall hold the Sweepstakes 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 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 the Sweepstakes Entities.
9. 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 any 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 the Website in whole or in part for any reason; traffic congestion on the Internet or the 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 the Website. Use of Website 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 the Website or the download of any information from the Website. By participating in the Sweepstakes, the Entrant forever releases and discharges 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, 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, or any other condition beyond their control (a "Force Majeure Event").
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of 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 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 Entrant, even if Entrant proves to be a prevailing party. ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.
10. RULES REQUESTS/NAMES OF WINNERS. For a copy of the Official Rules, send a self-addressed stamped envelope to: "Get Grilling With Avalon" Sweepstakes Official Rules, c/o One Line Agency, P.O. Box 610505, Bayside, NY 11361-0505 (return postage may be omitted where prohibited). Requests received after July 31, 2019 will not be honored. For a list of the winners, available after August 31, 2019, send a self-addressed stamped envelope to: "Get Grilling With Avalon” Sweepstakes Winner's List, c/o One Line Agency, P.O. Box 610505, Bayside, NY 11361-0505 (return postage may be omitted where prohibited). Requests received after December 31, 2019 will not be honored.
11. ADMINISTRATOR. Sweepstakes administrator is One Line Agency, 29 Chelsea Drive, Syosset, NY 11791.
