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THE DREAMING TREE SWEEPSTAKES
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. IF A RESIDENT OF THE U.S., MUST BE 21 OR OLDER TO ENTER. ALCOHOL IS NOT INCLUDED AS PART OF THE PRIZE.
BY PARTICIPATING IN THE PROMOTION VIA ONE OR MORE OF THE METHODS DESCRIBED HEREIN, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO, AND COMPLY WITH, THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE PROMOTION WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
1. Sweepstakes Details
The Dreaming Tree Sweepstakes (the “Sweepstakes”), begins at 12:00 a.m. Eastern Time (“ET”) on March 1, 2024 and ends at 11:59 p.m. ET on April 30, 2024 (the “Sweepstakes Period”). Sponsor is the official timekeeper for this Sweepstakes.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.
This Sweepstakes is open only to legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding Quebec). For legal residents of the United States, entrants must be at least twenty-one (21) years of age at the time of entry. For legal residents of Canada (excluding Quebec), entrants must be of legal drinking age in their province of residence at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising, promotion agencies, vendors, and provincial liquor authorities (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, alcoholic beverage suppliers, wholesalers, distributors, and importers, and alcoholic beverage retailers and their employees and family members are not eligible to enter or win. All applicable federal, provincial, territorial, state, and local laws and regulations apply. Void in Quebec and where prohibited or restricted by law.
3. Sponsor and Administrator
Sponsor: The Wine Group, Inc. (“Sponsor”), 4596 Tesla Road, Livermore, CA 94550, USA.
Administrator: Avid Marketing Group (“Administrator”), 100 Corporate Place, #200, Rocky Hill, CT 06067, USA.
4. How to Enter
During the Sweepstakes Period, eligible entrants may visit the Sweepstakes entry page at www.thedreamingtreesweeps.com (the “Website”). Follow the links and instructions to complete the entry form which may include, but is not limited to, entrants full first and last name, physical mailing address (including residential address, city, state/province, zip code/postal code), (no P.O. Boxes), valid email address, phone number, date of birth, and agreement to these Official Rules. Upon providing the required information, entrant will receive one (1) Sweepstakes entry.
Limit: There is a limit of one (1) entry per person, per day, during the Sweepstakes Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries using automated systems, multiple/different email addresses, identities, registrations, or any other methods will void that entrant’s entries and will result in disqualification.
Winning the prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of this Sweepstakes, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
5. Random Drawings
Winner selection will be conducted by Administrator, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Sweepstakes. Administrator will randomly select one (1) potential Grand Prize winner from all eligible entries received during the Sweepstakes Period. In addition, there will be twenty-one (21) potential First Prize winners randomly selected from entrants who are legal residents of the following states: CO, FL, GA, IN, MA, MI, NH, NJ, NY, RI, TX, WA, and WI. NOTE: First prizes are only available to entrants from CO, FL, GA, IN, MA, MI, NH, NJ, NY, RI, TX, WA, and WI and the number of First Prize winners from each state are set forth below. Each random drawing will be conducted on or around May 1, 2024.
|Number of Potential First Prize Winners
|MA and RI
6. Prizes and Approximate Retail Value (“ARV”)
ONE (1) GRAND PRIZE: The grand prize is a VIP Dave Matthews Experience (“Grand Prize”). The Grand Prize includes a includes two (2) tickets to the Dave Matthews concert in Saratoga, NY; a meet and greet opportunity with the band, roundtrip, economy class air transportation for two (2) (winner and 1 adult guest) from the major airport nearest prize winner’s home to New York, NY, USA; three (3) nights hotel accommodations (single room, double occupancy) at a hotel selected by Sponsor in its sole discretion; roundtrip car service to and from the concert, and a US $1,000 gift card that may be used for car rental or other travel accommodations. Selection of airline and hotel, and any seat and/or room assignments, concert seat location, and all meet and greet details are at the discretion of Sponsor/Administrator. If winner resides within 200 miles of hotel location, ground transportation may be provided in lieu of airfare and winner will not receive the difference in ARV. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Winner and guest must travel on dates determined by Sponsor in its sole discretion. If winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel is subject to availability and restrictions. Winner and guest must travel on same itinerary. Winner and guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S., Canada, or other government—issued passport, and a travel visa, if required) required for travel. Winner and guest must comply with all airline, U.S., Canadian government regulations, and local government laws, rules and requirements, which may include, without limitation, wearing masks, proof of vaccination status, proof of negative Covid-19 test administered by an approved facility, and possible quarantine. Sponsor/Administrator shall not be liable for additional costs or expenses due to any quarantine requirements, including the cost of changing any travel or hotel arrangements, which shall be the sole responsibility of winner. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Sponsor/Administrator is not responsible for changes in schedule of any element of the prize, including concert date or availability of meet and greet opportunity, or for any expenses incurred as a consequence of flight cancellation or delay. Resale of concert tickets is prohibited. Tickets are subject to standard terms and conditions as indicated on the ticket and venue protocols. The ARV of the Grand Prize is US $4,500. The ARV may fluctuate depending upon winner’s point of travel origin and airfare fluctuations at the time of taking the trip. Any difference between stated approximate retail value and actual value of prize will not be awarded. The odds of winning the Grand Prize depend on the number of eligible entries received during the Sweepstakes Period.
Winner and his/her guest hereby acknowledge that Sponsor or Administrator has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. It is strongly recommended and encouraged that the Winner and his/her guest obtain sufficient personal travel and medical insurance prior to any Prize-related travel. Any damage to the hotel room will be the responsibility of the Winner. If the Winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place. By entering this Sweepstakes and accepting the Prize, the Winner agrees to maintain their and their guest’s behaviour in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes-related or Prize-related activity. The Winner understands and agrees that Sponsor, Administrator or prize providers have the right, in their sole discretion, to disqualify and remove the Winner and/or the Winner’s guest from any activity at any time if the Winner’s or their guest’s behaviour at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of any Sweepstakes-related party or otherwise violates the policies of the prize providers, and in such a case, the Winner will still be solely responsible for all expenses related to the Prize.
TWENTY-ONE (21) FIRST PRIZES: Each first prize includes four (4) tickets to a local Dave Matthews Band Concert (“First Prize”). Specific concert, dates, and seat location will be determined by Sponsor in its sole discretion. The ARV of each First Prize is US $716.
For all prizes: Sponsor/Administrator are not responsible for, and winner will not receive any difference between the actual value and ARV of the Prize. The Prize offered and awarded is not redeemable for cash, except as determined by Sponsor in its sole discretion. Prize details not specified herein shall be determined solely by Sponsor. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize, or component thereof, for one of equal or greater value if the designated prize becomes unavailable for any reason. Alcohol beverages are not part of any prize. There is a limit of one (1) prize per person.
The Total ARV of all prizes available to legal residents of Florida is: US $6,648.
The Total ARV of all prizes available to legal residents of New York is: US $5,216.
7. Verification of Potential Winners
Potential winners will be notified by email or phone after the random drawing date with instructions on how to claim the Prize. Before being declared a winner, each potential winner will be required to execute a declaration of Eligibility/Liability & Publicity Release and tax acknowledgment (“Declaration”), sent with the e-mail notification in order to formally accept the prize. Winners must respond to the winner notification email and provide the completed Declaration and any other required winner documentation within three (3) business days. Should the potential Grand Prize winner reside in Canada, the potential winner must also correctly answer a time-limited four-part mathematical skill-testing question without assistance of any kind (whether mechanical or otherwise). If any prize notification is returned as undeliverable, or if a potential winner fails to complete the prize claim documents within the stated time period (if/as applicable), does not comply with these Official Rules, or if the potential prize winner cannot accept the prize as stated, or if a potential prize winner fails to correctly complete the skill-testing question (if applicable), the corresponding prize will be forfeited in its entirety. Sponsor may choose to award the prize (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Administrator/Sponsor will make best efforts to award all prizes. If a prize remains unawarded after three (3) re-draws, the applicable prize will remain unawarded.
For US winners: EACH WINNER WILL BE ISSUED A FORM 1099, AS APPROPRIATE, FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY NUMBER, AS APPROPRIATE, AND AS REQUIRED BY LAW. ALL FEDERAL, STATE, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
8. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) except where prohibited, release and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees, other representatives, and provincial liquor authorities (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, illness, death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) except where prohibited, indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in this Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any medium, worldwide, without further payment or consideration.
10. General Conditions
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, illegible, garbled or damaged entries, prize claims, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries or prize claims, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
In Canada, the provincial liquor authorities are not in any way associated with this Sweepstakes nor are they liable in any way whatsoever in regard to any matter which relates to this Sweepstakes.
All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor, including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.
Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
11. Limitations of Liability
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 any 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. 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, unawarded, eligible prize claims.
If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
12. Choice of Law and Disputes
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of California, U.S.A. or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.
To the fullest extent permitted by law, Entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the awarding of prizes (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) Entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the Entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, Entrant and Sponsor shall enter into arbitration proceedings in San Francisco, California, U.S.A. before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. ENTRANTS UNDERSTAND AND AGREE THAT IN AGREEING TO RESOLVE DISPUTES VIA ARBITRATION, THEY ARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN A COURT OF LAW. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees or expenses or other costs related to litigation; (4) 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 waives any and all rights to have damages multiplied or otherwise increased as well as any right to equitable relief.
13. Entrant’s Personal Information
14. Winners List
For a winner list, send a hand-printed, self-addressed, stamped envelope to “TWG5873051W The Dreaming Tree Sweepstakes” c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008, or send an email to firstname.lastname@example.org. Requests must be received by July 1, 2024.
© 2024 Dreaming Tree Wines, Livermore, CA USA.