Official Rules
NO PURCHASE OR CONSUMPTION NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsors: The Wine Group, Inc., 4596 Tesla Road, Livermore, CA 94550 (“TWG”) and Soles4Souls, Inc., 319 Martingale Drive, Old Hickory, TN 37138 (“S4S”).
2. Administrator: Soles4Souls, Inc., 319 Martingale Drive, Old Hickory, TN 37138
3. Eligibility: The “Soles4Souls flippin' good deeds challenge - sponsored by flipflop wines” (“Contest” or “Promotion”) is open only to legal residents of the United States (where legally permitted) who are 21 years of age or older at time of entry. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsors, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, 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 a prize. Volunteers or contributors to S4S are eligible for the Contest. Employees, officers, directors of alcohol beverage licensees (including but not limited to alcohol beverage retailers and alcohol beverage wholesalers), 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 a prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Void in CA and other states where prohibited or restricted by law. To be eligible to accept the Grand Prize, entrant must not have been convicted of a felony or serious misdemeanor and otherwise satisfy requirements of a background check to the Sponsors’ full satisfaction. No purchase or consumption is necessary to enter or win.
4. Promotion Schedule: The Promotion begins on or about 12:00:01 a.m. Eastern Time ("ET") on 09/06/11 and ends at 11:59:59 p.m. ET on 11/15/11 (“Promotion Period”). Administrator’s computer is the official clock for the Promotion.
5. Contest Entry: There is only one way a person can enter the Contest: via online at S4S’s official website at www.souls4souls.org.
Online Entry: To enter the Contest go to the following website: http://www.soles4souls.org/get_involved/shoe_drive.html.
On the Host A Shoe Drive page, select “flippin’ good deeds challenge” in the pull down menu under “type of shoe drive”. Provision of information online is governed by the Soles4Souls Privacy Policy accessible at http://www.soles4souls.org/terms.html. If you do not agree to the Privacy Policy, do not enter the Contest online or otherwise use the Website.
Once you have completed the entry form, submit your Contest entry by clicking the "Submit Entry" button on the Host A Shoe Drive page.
Sponsors and their agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation (including failure of one or more governmental entities to timely approve Contest in accordance with applicable alcohol beverage regulations) or any other causes beyond Sponsors’ control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsors reserve the right, in their sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest (including but not limited to terminating/suspending the Contest in one or more jurisdictions). In such event, Sponsor reserve the right to conduct the Contest and award the Grand Prize to the entrant who has collected the most pairs of shoes at that time as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted on the official Contest website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Contest.
Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
6. Selection of Winner: On or about 11/15/11, the Final Shoe Count and blog entry evaluation will be conducted by Administrator, whose decisions are final on all matters related to this Contest. The Administrator will place five (5) entrants into the final round based on the number of pairs of shoes collected during the program as reported on the Contest shoe collection sheet. The number of pairs of shoes will be verified by Administrator.
Once the top five (5) finalists are selected, a panel of judges consisting of representatives of the Sponsors will review the finalists’ blog entries on the Administrator’s website. The blog entries are supposed to be focused on the experiences with the S4S shoe drive and the “flippin’ good deeds” associated with the shoe drive.
The judging panel will then make the determination of the Grand Prize Winner from the five (5) finalists.
Potential winners will be notified by phone, mail and/or e-mail (if provided). Failure to respond to the initial verification e-mail within three (3) business days after notification or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification. Potential Grand Prize winners will then be required to sign and return within five (5) business days an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, potential winner will be disqualified and an alternate winner selected from all remaining eligible entries received.
Each potential winner understands and agrees that he/she and the person accompanying them to the travel destination are subject to personal background checks; and, failure to sign such consents and authorizations to conduct a background check and to furnish all required information (or otherwise cooperate in the conduct of a background check) will result in disqualification and prize forfeiture (at Sponsors’ sole discretion). In addition, the results of the background check may result in disqualification if the results reveal that the potential winner or the person accompanying them to the travel destination are not eligible to participate in this Promotion, or, may result in forfeiture of the Grand Prize if the potential winner has been convicted of a felony or serious misdemeanor, or if Sponsor determines, in its sole discretion, that participation of such potential winner in the prize events might reflect negatively on Sponsors or any of their related or affiliated companies, programs, employees, affiliates or advertisers (as applicable).
In the event of any dispute concerning the identity of any online entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
7. Prizes, Approximate Retail Values and Odds of Winning: (Grand Prize 1 winner Total): Grand Prize Winner will receive the choice of one (1) of the Souls 4 Souls® (“S4S”) mission trips (“Trip”) for 2012. Exact Trips are available at http://www.soles4souls.org/get_involved/travel/trips_destinations.html. S4S missions to locations in Africa and India are not included.
Each Trip consists of: round trip coach air travel for up to two (2) persons between international airport closest to the winner’s residence and a major international airport located in the destination country of winner’s specific Trip location, rooming accommodations for up to two (2) at locations specified by S4S, specified meals in destination country and ground transportation in destination country. Approximate Retail Value (“ARV”) of the Grand Prize is $ 6,000.00.
Choice of Trip is subject to availability and other restrictions. Each Trip has only a certain number of available places (up to maximum of 25). Each Trip must be taken on indicated travel dates and it is winner’s sole responsibility to make him/herself available to travel on Trip’s travel dates. Sponsors make no representation or warranty that winner will receive his/her first choice of trip or that winner and travel companion (also referred to herein as guests) can be accommodated on selected Trip. If winner and guest cannot be accommodated on Trip, winner may either choose another Trip or take selected Trip without travel companion (and, if the latter, winner will not receive any compensation or substitute prize of any kind). Winner understands and agrees to a schedule of commitments that he/she and the person accompanying the winner must adhere to during the Trip. Winner and the person accompanying the winner must acknowledge that that the Trip is a volunteer service mission, NOT a sightseeing holiday; and, during Trip winner will be required to engage in charitable activities such as distributing clothes and shoes to persons in need as determined by S4S. Winner and guest must at all times act in an appropriate, socially acceptable and respectful manner during Trip and follow all instructions of Trip organizers, as designated by S4S. Winner and guest must execute S4S trip agreement as a condition for going on the trip.
The Grand Prize winner is solely responsible for all other expenses related to trip not specified herein, including but not limited to certain meals, beverages, tips, taxes, travel insurance and incidentals. Grand Prize winner and guest must travel together on specified itinerary including per Trip schedule created by S4S, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. All travel dates and arrangements are subject to change, availability and approval of Sponsors. Sponsors and Sponsors’ agencies are not liable for any expenses incurred as a consequence of flight cancellation/delay. Certain documentation and requirements may be necessary for travel, such as photo identification and or US passport. Grand Prize winner and his/her guest are solely responsible for any documentation and requirements and determining applicable procedures and restrictions. For certain Trips, certain immunizations and/or medical clearances may be necessary; and, it is the sole responsibility of winner and his/her guest to secure such immunizations and medical clearances at their sole expense. In addition, the Grand Prize winner may be required to present a valid credit card at the hotel at the time of check-in. Winner and guest must provide own transportation to and from departure airport. The winner’s travel companions cannot be an employee/officer/director of an alcohol beverage licensee. Each such companion must sign and return a liability and publicity release (where legal) prior to ticketing of prize.
No substitution or transfer of prize except with Sponsors’ written permission or where required by law. Prize will only be awarded to address within the United States. Federal, state and local taxes are the sole responsibility of the winner, who will receive a 1099 tax form reflecting the fair market value of prize. Limit of (1) prize per family/household/address. Odds of winning depend on total number of eligible entries received during the Promotion Period.
8. General Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsors and Administrator, which shall be final and binding in all respects. Sponsors reserve the right in there sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Acceptance of a prize constitutes prize winner’s permission for Sponsors, Administrator and their respective successors, representatives and assigns to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winners’ list without compensation or notice, to the extent permitted by law. Sponsors are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsors’ sole discretion, without further obligation or compensation.
9. Limitation of Liability: By participating in this Contest, entrants agree to release and hold harmless Sponsors, Administrator, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies, and each of their respective officers, directors, agents, shareholders, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of prize.
10. Disputes: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or an appropriate California State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California for agreements entered into and performed within the State, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. Winners’ List: For the names of the winner, mail a self-addressed, stamped envelope to:
“Soles4Souls flippin' good deeds challenge - sponsored by flipflop wines”, c/o Soles4Souls, Inc., 319 Martingale Drive, Old Hickory, TN 37138, for receipt no later than 12/31/2011.
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