MCBRIDE SISTERS WINERY #MYMAGIC CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST PERIOD and sponsor: The McBride Sisters Winery #MyMagic Contest” (the “Contest”), is your opportunity to show off your photography skills by submitting your photos, as described in the Official Rules, in this Contest sponsored by McBride Sisters Winery (“Sponsor”). Contest begins at 9:00am Pacific Time (“PT”) on January 20, 2020 and ends at 9:59pm PT on March 15, 2020 (the “Contest Period”). This Contest is in no way sponsored, endorsed, or administered by, or in association with Instagram. The information you provide will be used for the purposes of Contest administration.
ELIGIBILITY: To enter the Contest, you (“Entrant”) must be a lawful permanent resident in one of the fifty (50) United States or the District of Columbia, 21 years of age or older. Employees of Sponsor, and its affiliated companies, parents, subsidiaries, and advertising and promotion agencies (herein collectively, the “Contest Entities”), members of the alcoholic beverage industry, and each of their immediate families (i.e., parents, children, siblings, spouses) and members of their households (whether related or not) are ineligible to participate in this Contest. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the fifty (50) United States and District of Columbia, and where restricted or prohibited by law. By entering, Entrants agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsor, which are final and binding.
HOW to enter: During the Contest Period, there are two (2) ways to enter:
1. Instagram: Log-in to your Instagram account and post a photo that displays something that will uplift or inspire others (photo need not include Sponsor’s product) (“Photo”). You must include the hashtag #mymagic and tag @mcbridesisters in your post to receive one (1) entry (each, an “Entry”). Use of the @mcbridesisters tag in combination with the #mymagic hashtag constitutes an entrant’s unconditional acceptance to the terms and conditions of these Official Rules. An entrant must have a non-private Instagram account to enter the Contest and must be a follower of @mcbridesisters until June 30, 2020, for winner notification purposes to be eligible to win/claim a prize. An Instagram account is required to enter via this method and is available for free at www.instagram.com.
2. [Sponsor’s] Website: Entrants can view the Official Rules of the Contest by visiting www.mcbridesisters.com/my-magic.
Sponsor will perform a screening of all Entries submitted in this Contest and only initially approved Entries may be viewable on Sponsor’s Instagram account or Website. Sponsor’s posting of a Photo does not confirm and is not evidence that an Entry has satisfied all submission criteria in these Official Rules. Once an Entry is submitted in the Contest it may be made available on the Website or on Sponsor’s Instagram account for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT THE ENTRY, ENTRANT’S INSTAGRAM HANDLE, AND ENTRANT’S FIRST NAME AND LAST INITIAL MAY BE POSTED ON THE WEBSITE AND ON INSTAGRAM, AT SPONSOR’S SOLE DISCRETION.
All Entries must be submitted by the dates and times specified in the chart above to be considered for the applicable Monthly Entry Period. Limit one (1) Entry per person per Monthly Entry Period, regardless of method of entry. You may only use one (1) Instagram account to enter this Contest. Entries received from any person or Instagram account in excess of the above stated limitation will be void. Entries will be declared made by the authorized account holder of the Instagram account submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account by Instagram. Entries generated by script, macro or other automated means are void.
REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes irresponsible drinking, underage drinking, or the abuse of alcohol, use of illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors, or theme parks) owned by others, without permission;
- contains any personal identification, such as personal names or e-mail addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Entry must be the original work of the entrant, and must depict something that will uplift or inspire others. The Entry may, but need not, include pictures of Sponsor’s products or packaging, but must include a recognizable reference to Sponsor. Entry may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk. If the Entry contains any material or elements that are not owned or controlled by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof, if requested, may render Entry null and void. If Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Website because of such infringement, such Entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion. By submitting an Entry, entrant warrants and represents that they consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Any Entry that does not comply with these Official Rules will not be considered a valid Entry in this Contest. If any Entry fails to comply with any of these Entry requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.
PRIZE DRAWING: Prize Winners will be selected at random from (up to) 50 valid entries with the most amount of “likes” on Instagram. The drawing will be held after March 15, 2020. The drawing will be conducted by the Contest Providers whose decisions are final and binding on all aspects of this Contest.
NOTIFICATION/PRIZE CLAIMS: Each potential Prize Winner will be notified on or about March 30, 2020. POTENTIAL PRIZE WINNERS WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @MCBRIDESISTERS AND WILL BE REQUIRED TO RESPOND WITHIN 72 HOURS OF NOTIFICATION VIA EMAIL. Failure of the potential Prize Winner to respond within seventy-two (72) hours from such notification referred to above may result in disqualification and the selection of an alternate Prize Winner. An alternate Prize Winner will be selected in the event the Prize cannot be awarded to the potential Prize Winner drawn. By entering the drawing, each entrant agrees to be bound by these rules and the decisions of the Contest Providers. In the event of non-compliance, an alternate Prize Winner may be selected. The potential Prize Winners may be required to sign and return, within five (5) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form (the “Paperwork”) in order to claim the prize. If a potential Prize Winner fails to return the Paperwork or Travel Documents, as applicable, within the required time, if the Prize Notification is returned as undeliverable, or if an Entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential Prize Winner will be disqualified and a runner-up potential prize winner will be selected. Even if the name of a potential Prize Winner is publicly announced, the potential Prize Winner must complete all documents provided and be confirmed by Sponsor prior to receiving a Prize. Once a potential Prize Winner has been confirmed by the Sponsor, except where prohibited by law, Prize Winner’s Entry and acceptance of the Prize constitutes permission for the Contest Entities to use said Prize Winner’s name, photograph, likeness, statements, biographical information and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.
GRAND PRIZES - (1) Total Prizes Grand Prize Winner will receive:
[a summer weekend getaway for 2 to San Francisco, including flight tickets, accomodations and dinner with the McBride sisters.
Approximate Retail Value ("ARV") of each First Prize gift set: $3,000.
RUNNERS UP PRIZES (2): RUNNERS UP Prize Winner will receive the following:
Customized Luxury Wine Basket (does not include alcohol)
ARV of RUNNERS UP Prize: $500.
PRIZE RESTRICTIONS: No prize substitution, except at Sponsor’s sole discretion or as otherwise provided herein. Prizes are not transferable. Winners are solely responsible for all other expenses not specified herein, including but not limited to applicable federal, state and local taxes. Grand Prize eligibility contingent on winner’s production of valid Travel Documents and ability to travel to San Francisco on the selected dates.
CONTEST RULES OF PARTICIPATION: This Contest is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules. Contest Entities are not responsible for lost, late, misdirected, undeliverable, delayed, or incomplete Facebook or Instagram posts or Entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Sponsor may prohibit an Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Contest Entities. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and determine the potential First Prize Winner(s) (and potential Grand Prize winner) for the applicable Monthly Entry Period(s) from those Entries received up to the cancellation/suspension date using the judging criteria outlined above. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
NO LIABILITY: By entering, Entrants and each First Prize Winner agrees to comply with all Official Rules, as stated and agrees to release, discharge, indemnify and hold harmless the Sponsor, its affiliates, and their respective agents, representatives, officers, directors, shareholders, and employees, including the aforementioned Contest Entities in the “ELIGIBILITY” section above from any claims, actions, injury, loss or damage of any kind, including, without limitation, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in this Contest or from the acceptance, possession, or use or misuse of any prize. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of or damage to property; and claims of third parties. Entrants agree that Contest Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied, including, without limitation, the implied warranties of merchantability, title, and fitness for a particular purpose, in fact or in law, relative to this Contest.
LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Contest Entities a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, participant agrees that (1) any and all disputes and 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 exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
WINNER’S NAMES/RULES REQUEST: To receive a list of Prize Winners, or an additional copy of these Official Rules, send a self-addressed, stamped business-size (#10) envelope to be received by April 30, 2020 to: “McBride Sisters Winery #MYMAGIC Contest”, McBride Sisters Winery, 6114 La Salle Ave. #280, Oakland, CA 94611]. Please specify “Winner List” or “Rules Request.”
SPONSOR: McBride Sisters Collections, Inc.