OUR DAILY WINES ORGANIC MONTH GIVEAWAY OFFICIAL SOCIAL MEDIA PROMOTION OFFICIAL RULES
This Giveaway (the “Giveaway”) is offered by Winery Exchange, Inc., dba Our Daily Wines (the “Sponsor”). NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF RECEIVING A PRIZE. PARTICIPATION IN THE GIVEAWAY CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Giveaway are called an “Entrant” for the purposes of these Official Rules.
1. Eligibility of Entrants. The Giveaway is open to individuals who are at least twenty one (21) years of age. Entrants must be legal residents of the United States or the District of Columbia (the “Giveaway Area”). Sponsor’s employees, wholesalers, distributors, retailers, their employees, agents, officers, directors, shareholders, members, managers and owners of the Sponsor and their immediate family members and those individuals living in the same household are not eligible to enter or receive prizes. Past prize recipients of other promotions and Giveaways offered by Sponsor within the previous six (6) months and their immediate family members and those individuals living in the same household are not eligible to enter or win.
2. Giveaway Period. This Giveaway entry period begins September 28th and ends at 11:59 pm (CST) on October 2nd, 2022 (the “Giveaway Period”).
3. How to Enter. Registration with Facebook or Instagram is required to enter the Giveaway. If you do not have a Facebook or Instagram account, you can sign up at no cost at www.facebook.com or www.instagram.com or via the Facebook or Instagram mobile application available via the applicable app store for your mobile device. To enter on Facebook, locate the “Giveaway” post at https://www.facebook.com/ourdailywines (Facebook Page), and enter by following Our Daily Wines, and tagging a friend in the post comments as your entry (the “Entry”). Submit your entry by clicking on the submit button in the comments feature. To enter on Instagram, locate the “Giveaway” post at https://www.instagram.com/ourdailywines/ (Instagram Page), and enter by following @ourdailywines, and tagging a friend in the post comments as your entry (the “Entry”). Submit your entry by clicking on the submit button in the comments feature.
Entrants can enter multiple times for the duration of the Giveaway Period. Sponsor will void any Entrant who submits ineligible entries (or attempts to make multiple entries by using multiple/different email, identities, or any other methods). Sponsor reserves the right to verify eligibility of all Entrants. Illegible or incomplete entries are void.
4. Prize Recipient Selection and Notification. Sponsor will use a randomizer to randomly select one (1) prize recipient from all eligible Entries received during the Period. Prize recipient Selection and notification will occur on or within two (2) business days after the close of the Giveaway Period. Entrants will be notified via Direct Message (DM). Entrant must respond within two (2) business days to provide (1) Entrant’s mailing address. In consideration for entering this Giveaway, all entrants hereby agree and consent, without further authorization, compensation or remuneration of any kind, to the use of their name and/or likeness in any and all advertising, promotions, and other publicity conducted by Sponsor and its affiliated entities,representatives, and agents, except where prohibited by law.
5. Prizes.The Giveaway features one (1) PF Candle Co: Golden Hour ($24), Bathing Culture: Mind & Body Bar ($15), Herbivore Detox Bath Salts ($20), Visa gift card ($25) for a total value of ($89). No portion of The Prize may be transferred, exchanged for cash, or substituted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute The Prize with a prize of equal or greater value for any reason, including, without limitation, unavailability. All expenses not specifically identified as included in The Prize is the sole responsibility of the prize recipient. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, implied warranty of merchantability or fitness for a particular purpose). Acceptance and use of any prize is at prize recipient’s sole risk, and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising in connection with the use or misuse of any prize. Prize recipients will be solely responsible for all federal, state, and local taxes and fees and other expenses associated with receiving and using theany prize. The odds of being randomly selected for a prize will depend on the number of eligible Entries received during the Giveaway Period.
6. Entry Requirements. By entering the Giveaway and providing an Entry, you understand that your Entry and information may be featured on or in Sponsor’s website, social media accounts, and other public and private marketing communications by Sponsor. By providing an Entry, you waive and release any rights you may have with respect to Sponsor using the Entry for Sponsor’s purposes, including commercial purposes. In addition, in order to participate in the Giveaway, Entrants will be required to supply certain information about themselves. Sponsor has specified which information is mandatory in order to participate in the Giveaway. By entering the Entry in the Giveaway, you make the following representations and warranties: (i) your Entry does not contain obscene, profane, lewd, defamatory, unlawful, or inappropriate content, or content disparaging to Sponsor–all as determined in Sponsor’s sole discretion; (ii) your Entry does not violate the privacy, property, or publicity rights of any person, living or deceased; and (iv) your Entry does not copy or otherwise plagiarize proprietary material from another source or person. Entries should not contain any third party materials, copyrights, trademarks, logos, or any other mark identifying a third party brand. Sponsor reserves the right to void and/or remove any Entry that it considers in its exclusive discretion to violate any of the above representations and warranties. Any Entry that does not meet the requirements of this Section and otherwise in these Official Rules will be disqualified and void.
7. General Giveaway Conditions. Neither Sponsor nor the Giveaway are affiliated with or endorsed by Facebook, Instagram or any other third party service used to upload and enter an Entry. All Entries must comply with the terms and conditions of any third party service used to upload the Entry (e.g.,Facebook), including the creation of an account through the applicable service. Entrants are solely responsible for complying with those third party terms and conditions, and maintaining the technological, hardware, and internet capabilities required to use those third party services. Sponsor will not be responsible or liable in any manner for any Entrant’s or person’s inability to submit an eligible Entry, including, but not limited to, Entries that are late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed due to hardware, software, network or system errors, or failures of any kind. Sponsor may prohibit any Entrant from participating in the Giveaway and may refuse to award any prize if Sponsor determines in its sole discretion that the Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives. Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. This Giveaway is subject to all applicable federal, state, and local laws. All Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Giveaway or these Official Rules. All Entrants agree to follow the Official Rules. Sponsor reserves the right to modify the scheduling of the Giveaway without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. If for any reason this Giveaway is not capable of running as planned, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify, or suspend the Giveaway.
8. Release; License to Use. Except where prohibited by law, an Entrants’s submission of an Entry constitutes the Entrants’s irrevocable, sub-licensable, absolute right and permission for Sponsor and its affiliated entities, representatives, and agents, to use, publish, post, or display Entrants’s name, photograph, video, likeness, statements, information, city and state, Prize information (as applicable), any quotes attributable to him or her, and any other indicia of person (regardless of whether modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for any purpose, including but not limited to advertising, trade, promotional, and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval, or compensation of any kind. Each Entrant releases Sponsor and its affiliated entities, representatives and agents from any and all liability related thereto. Nothing contained in these Official Rules obligates the Giveaway Entities to make use of any of the rights granted in these Rules and each Entrant waives any right to inspect or approve any such use.
9. Limitations on Liability. PRIZE RECIPIENT AND ENTRANTS RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND REIMBURSE SPONSOR AND ITS RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, OR PARTICIPATION IN ANY PROMOTION RELATED ACTIVITY OR PARTICIPATION IN THIS GIVEAWAY. To the maximum extent permitted by law, Sponsor and its affiliated entities, representatives and agents will not be responsible or otherwise liable for any reason for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages related to the Giveaway, including any access to or use of the Facebook Page or Instagram Account or any downloading from or printing material from the Facebook Page or Instagram Account. Everything on the Facebook Page or Instagram Account is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, either expressed or implied.
10. List of Prize Recipients.To obtain a list of the Giveaway prize recipients, available ten (10) days after the Giveaway Period, send a self-addressed, stamped envelope with your request to: “Our Daily Wines” 500 Redwood Boulevard, Suite 200, Novato, CA 94947.
11. Disputes. Except where prohibited, Entrants agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize will be resolved individually and exclusively by the courts in San Francisco, San Francisco County, California; (ii) all claims, judgments and awards on behalf of Entrants will be limited to lesser of actual out-of-pocket costs incurred or one hundred dollars ($100); (iii) attorneys’ fees will not be awarded or available to Entrants; and (iv) this Giveaway and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without giving effect to conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. ENTRANTS ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING A DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME. SPONSOR: Our Daily Wines, 500 Redwood Boulevard, Suite 200, Novato, CA 94947. ADMINISTRATOR: Archetype 831 S. School Ave. Fayetteville, AR 72701.