Official Rules
MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE. NO PURCHASE OR SMARTPHONE NECESSARY TO ENTER OR WIN. A PURCHASE OR SMARTPHONE ENTRY WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Foley Family Wines, Inc. d/b/a Foley Family Wines and Spirits, 1701 Village Center Cir., Ste. 100, Las Vegas, NV 89134 (“Sponsor”) is proud to offer the Foley Family Holiday Sweepstakes (“Sweepstakes”).
Sweepstakes Entry Period: The Sweepstakes will begin at 12:00:01 a.m. Pacific Time (“PT”) on September 11, 2024, and will end at 11:59:59 p.m. PT on October 31, 2024 (“Entry Period”). To be eligible, entries must be made by 11:59:59 p.m. on October 31, 2024. Sponsor’s servers and clock shall serve as the official clock for the Sweepstakes and Entrants’ proof of submission does not constitute proof of receipt by Sponsor.
Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and District of Columbia (“D.C.”), other than Florida, New York, or Rhode Island, and entrants must be age 21 or older at the time of entry. This Sweepstakes is void in Florida, New York, and Rhode Island and where otherwise taxed, prohibited or restricted by law. Officers, directors and employees of Sponsor and its respective parents, subsidiaries, and affiliates; individuals or entities responsible for the development, printing, distribution and implementation of this Sweepstakes (collectively, the “Sweepstakes Entities”); suppliers, distributors and retailers of alcohol-beverage products; and individuals who are employees of or members of the immediate family or household, whether or not related, of any of the foregoing are not eligible to enter the Sweepstakes or win a Prize. The Sweepstakes is subject to all applicable Federal, state and local laws and regulations.
Agreement to Official Rules. By entering this Sweepstakes, Entrants fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes.
How to Enter. </There are two ways to enter the Sweepstakes, as discussed below.
The first way is by, during the Sweepstakes Period, bringing your phone or other web-enabled device with data plan to Sponsor’s hospitality centers located at Three Rivers Winery, The Four Graces Winery, Banshee Winery, Chalk Hill Estate, Chalone Vineyard, Chateau St. Jean, Ferrari-Carano Winery, Foley Estates, Foley Johnson Estate, Lancaster Estate, Lincourt Vineyards, Merus, Roth Estate, Sebastiani Vineyards & Winery, Silverado Vineyards, The Society: Healdsburg, The Society State & Mason, or Minden Mill Distillery (each a “Sweepstakes Location”) and scan the Sweepstakes quick response (“QR”) code with the QR reader application already installed on your phone. You will be directed to a mobile Web page where you may subscribe to receive Sponsor’s promotional communications, and once you complete and submit your subscription during the Sweepstakes Period, you will automatically be entered into the Sweepstakes. Entrants will be required to submit certain personal information including, but not limited to, the Entrant’s first and last name, email address, and zip code. An entrant’s completed subscription shall hereinafter be referred to as a “Submission”. Provided an entrant’s Submission conforms to these Official Rules, upon completing an entrant’s first Submission, the entrant will receive one (1) entry into the Sweepstakes. An entrant will not receive more than one (1) entry for Submissions made at multiple Sweepstakes Locations.
The second way to enter the Sweepstakes is by being a subscriber to Sponsor’s promotional communications by the end of the Sweepstakes Period. All such subscribers who are legal residents of the fifty (50) United States or D.C., other than Florida, New York, or Rhode Island, and age 21 or older by the end of the Sweepstakes Period will be automatically entered into the Sweepstakes as an entrant and will receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person during the Sweepstakes Period. Limit one (1) winner per household. ONLY ONE (1) PRIZE WILL BE AWARDED.
Additional Conditions. The Submission must be in English. Submissions must not include information about any individual under the age of 21.
Submissions will not be returned or acknowledged. Entries are non-assignable.
No other methods of entry are acceptable. Any attempt by a participant to obtain more than the stated number of entries by using multiple/different email addresses, identities or any other methods will void that participant’s entry and that participant may be disqualified. Any use of robotic, repetitive,
automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void entry by that participant.
Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
Persons who tamper with or abuse any aspect of the Sweepstakes, act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Sponsor’s terms of service, as solely determined by Sponsor, will be disqualified. The Sweepstakes Entities are not responsible for any Submission or entry that is lost, late, misdirected or undeliverable, inaccurate or incorrect whether due to system errors, omissions, interruptions, deletions, defects, tampering, hacking, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication 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, unauthorized platform access, computer hardware or software malfunctions, failures or difficulties, or other typographical or system errors or failures of any kind whether human, mechanical, electronic, network, or otherwise.
By entering the Sweepstakes or accepting or using any prize, entrants hereby waive and release, and agree to indemnify, defend and hold harmless, the Sweepstakes Entities, from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, invasion of privacy, or any combination of the foregoing.
Each entrant further agrees and warrants that the entrant’s Submission shall not: (a) be false, inaccurate, or misleading; (b) infringe or otherwise violate any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) reasonably be considered defamatory, disparaging, libelous, hateful, racially or religiously biased or offensive, indecent, inappropriate, unsuitable, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation, obscene, lewd, crude, vulgar, profane or defamatory; in each case as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify an entry with offensive content or material that it feels is inappropriate in any way. Late entries or entries sent via any method other than as stated above will not be accepted.
In the event of a dispute regarding the identity of the person who submitted an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address included as part of the entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the 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. An entrant may be requested to provide Sponsor with proof that the entrant is the Authorized Account Holder of the email address associated with the entry.
Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entrant whose Submission, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules, or if Sponsor receives notification about any potential infringements or violations of law or any other reason set forth herein.
Prizes:
One (1) prize will be awarded which will consist of:
Two (2) nights’ accommodations, at any Foley Collection home located in the United States, prior to December 31, 2025, for winner and guest(s) up to the maximum occupancy of the home (Approximate Retail Value (“ARV”): US $2,000).
Total ARV of All Prizes: US $2,000
Odds of winning depend on number of eligible entries received. The prize consists of only the elements stated above.
Prize Conditions.
Winner must be 21 years of age or older and be a legal resident of the fifty (50) United States or D.C., other than Florida, New York, or Rhode Island, at the time of entry. Alcoholic beverages are not part of the prize. ONLY ONE (1) PRIZE WILL BE AWARDED.
All elements of the prize must be used by December 31, 2025 or winner forfeits prize. The prize may only be used for a Foley Collection home located in the United States. Sponsor reserves the right to require winner to claim the prize in person. All other expenses and incidental costs not expressly stated in the prize descriptions above, including but not limited to, airfare, travel, ground transportation, meals, incidentals, parking, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees (including, without limitation, checked bag fees), service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses, are the responsibility solely of winner. Winner may not resell, substitute or transfer prize offered or any portion thereof, however, Sponsor reserves the right to substitute a prize with a prize of equal or greater value.
No refund or compensation will be made in the event of the cancellation of the accommodations by winner. Accommodations must be booked within ninety (90) days of notification of winning. Accommodations are subject to availability and blackout dates. Accommodations are subject to the terms and conditions set forth herein and those set forth by the applicable Foley Collection home, as detailed in the house rules, accommodation contract, and accommodation terms and conditions, as applicable.
Sponsor reserves the right to change the date(s) of prize execution in its sole discretion. In the event that a potential winner is unable to use the prize on the date(s) scheduled by Sponsor, potential winner forfeits the prize. Winner may bring guest(s), provided that the total number of occupants during the stay shall not exceed the maximum occupancy for the house. If any of the winner’s guests are under eighteen (18) years of age, then the guest must be accompanied by a parent or guardian and the parent or guardian must be the winner. Winner may be required to maintain a credit card on file for the accommodations and winner shall be responsible for any security deposit required. Winner and all of winner’s guests will be required to comply with all home and venue policies and restrictions (including, without limitation, public health guidelines).
Actual value of prize may vary and if the actual value of the prize or any portion thereof is less than the ARV set forth in these Official Rules, no cash equivalent will be awarded. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Sponsor is not responsible for damage to a prize or loss of a prize after the prize has been claimed. Winner is solely responsible for any taxes on the prize, including, but not limited to all applicable federal, state, and local taxes that become due with respect to the value of the prize.
Notification and Prize Claims: The potential winner will be selected on or about November 3, 2024, through a random drawing among all eligible entrants (the “Selection Period”). The potential winner will be contacted via email within three (3) business days following the conclusion of the Selection Period (the “Notification”). Any potential winner will be required to sign and return, within two (2) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release (the “Paperwork”) in order to claim the prize. If a potential winner fails to return the Paperwork within that time, if the winner cannot be reached, or if an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential winner will be disqualified and a runner-up winner may be notified. Even if the name of a potential winner is publicly announced, the potential winner must complete all documents provided and be confirmed by Sponsor prior to receiving the prize. Once a potential winner has been confirmed by the Sponsor, except where prohibited by law, the winner’s Submission and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said winner’s Submission, name, photograph, likeness, statements, biographical information and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.
Privacy: Email addresses may be stored, and entrants may receive email correspondence from, or on behalf of Sponsor subject to Sponsor’s privacy policy. Sponsor uses commercially reasonable efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Entrants understand that they are providing their information to Sponsor. By entering the Sweepstakes, each entrant acknowledges that his/her first and last name and hometown may be announced online, in winners lists, and including but not limited to, Sponsor’s social media channels. Except where prohibited, acceptance of any and all prizes constitutes consent by the winner to use his/her name, voice, picture, likeness and biographical data for advertising and promotional purposes without any additional compensation. Each entrant further hereby acknowledges and agrees that if he/she is chosen as a winner for any prize, certain of his/her identifying information may be disclosed to third parties (at least as permitted or required by law), including, without limitation, on an online page listing prize winner(s). Information collected from entrant will be treated by Sponsor in accordance with Sponsor’s privacy policy, available at https://www.foleyentertainmentgroup.com/privacy-policy/, and with due regard to entrant’s privacy. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Sweepstakes (see privacy policy for more details). Entrants’ information will be hosted in the United States.
Additional Terms and Conditions:
If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the potential winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.
No transfer or substitution of prize (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event that the advertised prize (or portion thereof) is unavailable. Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for prize; however, the cash alternative may be less than the stated ARV of the prize. All federal, state and local income taxes on the prize are winner’s sole responsibility. Winner will be issued an IRS Form 1099 for the value of his/her prize. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.
Sponsor will not replace any lost or stolen Prizes.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING SUBMISSION HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREENSHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY SUBMISSION THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED.
PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES.
Releases: By entering or accepting the prize (if awarded to him/her), entrant agrees to indemnify, release, defend and hold harmless the Sponsor and its respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Sweepstakes, including but not limited to, prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature,
image or likeness; prize winner’s receipt, possession, acceptance, use and/or misuse or inability to use any prize or part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
The Released Parties are not responsible for: (a) 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions,
interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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 Sweepstakes or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
Warranty Disclaimer: By accepting the prize, winner acknowledges that Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
Limitations of Liability: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than California.
Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Construction: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
Winner’s Lists and Official Rules: To obtain a copy of these Official Rules or a winner list, send a self-addressed stamped envelope to: Foley Family Wines, Inc. 1701 Village Center Cir., Ste. 100, Las Vegas, NV 89134. All requests must be received by January 2, 2025. Requests will be fulfilled after the winner is verified.
This Sweepstakes is void in Florida, New York, Rhode Island, and where prohibited or restricted.
