LA MERIKA STARS & STRIPES CONTEST - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. NO PART OF ANY PRIZE INCLUDES ALCOHOLIC BEVERAGES OF ANY KIND.
The La Merika Stars & Stripes Contest (the “Contest”) is sponsored by La Merika Wines, 12001 South Highway 99, Manteca CA 95336, USA (the "Sponsor").
The Contest is administered by One Line Sports Agency, Inc., 29 Chelsea Drive, Syosset, NY 11791 (the “Administrator”).
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook™. You understand that you are entering a Contest sponsored by La Merika Wines and not by Facebook™.
1. ELIGIBILITY: Contest participation is open only to legal residents of the United States and the District of Columbia who are 21 years of age or older at the time of entry. The Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. All federal, state and local laws and regulations apply. Void where prohibited.
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, alcoholic beverage industry members including 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, Sponsor, web design, advertising, 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.
2. TO ENTER: The Contest begins 12:00:01 AM Eastern Time ("ET") on May 25, 2015 and ends 11:59:59 PM ET on August 17, 2015 ("Entry Period"). Registration with Facebook is required to enter the Contest. If you do not have a Facebook account, you can sign up at no cost at the app store or at www.facebook.com.
There are two (2) ways to enter:
Go to www.facebook.com/LaMerikaWines (the “Facebook Page”). If you haven’t done so already, you are encouraged to “Like” the La Merika Wines Facebook Page. Click on the Stars & Stripes Contest tab and complete the official online entry form including your full name, complete mailing address, email address, telephone number, date of birth and submit a true personal story about an American Hero who has served our country in the military that is 500 words in length or less ("Hero" or "Story"). You will also have the option to upload a photograph of the Hero with the entry. Send your entry by clicking on the submit button on the Contest page.
To enter through Facebook using your SMS-enabled mobile phone, text “MYHERO” to shortcode 31279. You will receive a reply text message with a link to www.facebook.com/LaMerikaWines. If you haven’t done so already, you are encouraged to “Like” the La Merika Wines Facebook Page. Click on the Stars & Stripes Contest tab and complete the official online entry form including your full name, complete mailing address, email address, telephone number, date of birth and submit a true personal story about an American Hero who has served our country in the military that is 500 words in length or less ("Hero" or "Story"). You will also have the option to upload a photograph of the Hero with the entry. Send your entry by clicking on the submit button on the Contest page.
Participants must have a mobile phone with text messaging and web browsing capabilities to enter via text message 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.
Limit one (1) entry per Facebook user account. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter in excess of the stated number of entries or as multiple entrants. Any entrant who attempts to submit an entry in this way will be disqualified.
All electronic entries must be received by 11:59:59 PM ET on August 17, 2015. All entries become the property of Sponsor and will not be acknowledged or returned. By participating in the Contest, entrants agree to be bound by these Official Rules, and the decision of the Sponsor and Administrator, which shall be final and binding in all respects.
3. Prizes: A total of four (4) prizes will be offered in the Contest. One (1) Grand Prize and three (3) First Prizes will be awarded.
One (1) Grand-Prize winner will receive a two (2) night trip for two (2) people to Washington D.C. on October 9-11, 2015, subject to availability. The trip includes roundtrip economy-class airfare for two (2) to Washington D.C. from major airport nearest winner's residence, two (2) nights hotel accommodations (1 room, double occupancy), two (2) invitations to a dinner reception with special guests of La Merika Wines on October 9, 2015, a guided sightseeing tour of top Washington D.C. attractions, rental car for duration of winner’s stay, one (1) $250 prepaid gift card for spending money, commemorative gift bag and travel wallet. Grand-Prize winner and guest must travel together on the same itinerary. If Grand-Prize winner lives within 200 miles of Washington D.C., in lieu of airfare, roundtrip local transportation between Grand-Prize winner's home and Washington D.C. will be provided. Grand-Prize winner is solely responsible for all other expenses not specified herein, including but not limited to, meals, gratuities, fuel, parking and hotel incidentals. Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change, per availability and Sponsor's approval. Once travel is booked, no changes or cancellations will be accepted and no extensions or exceptions apply. Grand-Prize winner and companion must present valid identification prior to ticketing. Airline carrier's regulations apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Other restrictions may apply. Grand-Prize winner’s guest must be at least 21 years of age. Approximate Retail Value (“ARV”) of Grand Prize is $3,500, but actual final value of trip may vary based on point of departure and ticket availability at time of purchase.
Three (3) First-Prize winners will each receive one (1) $2,500 check made payable to the Fisher House Foundation in honor of their Hero. ARV of each First Prize is $2,500.
ARV of all prizes is $11,000. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor at Sponsor's sole discretion. Winner is 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 W-2G from Sponsor or its designee for the calendar year in which the prize is awarded.
4. SELECTION OF WINNERS:
Phase One - Judging Panel:
Potential First-Prize winners will be selected by a qualified panel of judges according to the following Entry Period schedule:
| Entry Period | Entries Must Be Received Between | Winner Selection Date | |
|---|---|---|---|
| 1 | May 25, 2015 at 12:00:01 AM ET | June 22, 2015 at 11:59:59 PM ET | June 29, 2015 |
| 2 | June 23, 2015 at 12:00:01 AM ET | July 20, 2015 at 11:59:59 PM ET | July 27, 2015 |
| 3 | July 21, 2015 at 12:00:01AM ET | August 17, 2015 at 11:59:59 PM ET | August 24, 2015 |
Judging Criteria: The judging criteria are as follows:
In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie. The Story with the top total score within each Entry Period will be named a First-Prize winner.
The Story must be 500 words or less in length and must be in English. Once you register your Hero in the Contest, your submission is final and may not be modified or edited. No Story will be returned. The person named as the registered owner of the Facebook Account associated with the Story and named on the Contest Registration form for the Story will be deemed the entrant ("Entrant"). 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 Facebook account. Your submission of an Official Entry Form constitutes your consent to participate in this Contest and your consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Contest.
If any group of individuals elects to collaborate on a Story, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators related to a Story.
Please note the following:
Phase Two - Public Vote:
The general public (“Public”) will be invited to go to the La Merika Wines Facebook Page between 12:00:01 AM ET on September 1, 2015 and 11:59:59 PM ET on September 7, 2015 (“Voting Period”) to vote for the Hero that they feel best meets the Judging Criteria. Each voter is allowed a maximum of one (1) vote in the Contest per Facebook Account.
The one (1) First-Prize winner with the most votes will receive the Grand Prize trip to Washington D.C. on October 9-11, 2015.
All winners are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules, completion of all required documents (described below), and a personal background check. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.
5. GENERAL CONDITIONS: As conditions of entry into this Contest, and by entering a Story, Entrant warrants and represents that the Story:
Entrant represents that he/she owns all rights to his/her Story. Entrant further represents and warrants that the Entrant has obtained permission from each person (or their estate in the case of a death) whose name and/or picture ("Likeness") is included in the Story, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. Sponsor's determination as to whether the Story potentially violates the rights of any third party is final.
By entering a Story, 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 Entrant's Story, including, but not limited to, the Hero contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (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 waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Story, and agrees not to sue or assert any claim against the Sponsor for the use of the Story or Entrant's Likeness or statements.
Entrant agrees to indemnify and hold Sponsor, its agencies and Contest 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 Story, or the Entrant's conduct in creating a Story or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. Entrant further agrees to release 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 Story.
Potential winners will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release as well as any other documents required by Sponsor within forty-eight (48) hours of date of issuance of notification. If prize notification is returned as undeliverable, potential winner will be disqualified and time permitting, an alternate winner may be selected at Sponsor’s sole discretion.
Sponsor reserves the right to require winners to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Released Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion.
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Released Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload any information in connection with participating in the Contest. Released Parties are not responsible for late, lost, stolen, or misdirected entries for any reason, relating to or in connection with the Contest. No responsibility or liability is assumed by the Sponsor or Released Parties for technical problems or technical malfunction arising which may affect the operation of the Contest. Sponsor and the Released Parties shall have no liability and will be held harmless by entrant for any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize and any activity, travel or travel-related activity thereto or participation in this Contest. Sponsor and Released 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 Released 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 Contest, use of the Website or the download of any information from the Website. Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Contest (or portion thereof) for any reason, including should virus, bugs, non-authorized human intervention, weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event") impair the administration, security, fairness, or proper play of the Contest. In the case of termination, at its discretion, Sponsor may select the winner from all eligible non-suspect entries received prior to the event that required termination.
7. 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.
8. WINNER LIST: For a list of Winners, visit www.facebook.com/LaMerikaWines or send a self addressed, stamped, envelope to: "La Merika Stars & Stripes Winner’s List”, c/o One Line Sports Agency, P.O. Box 610505, Bayside, NY 11361-0505. VT residents may omit return postage. Requests must be received by December 31, 2015.