OFFICIAL RULES
Tapeña Paella Party Sweepstakes
(Updated on 12/29/10 to include an additional Grand Prize and extend the entry deadlines with respect to eligibility to win the additional Grand Prize only. Entry deadlines to win monthly prizes, second prizes, and the first Grand Prize have not been changed).
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES (EXCEPT CALIFORNIA OR TENNESSEE) AT THE TIME OF ENTRY. VOID IN CALIFORNIA, TENNESSEE AND WHEREVER ELSE PROHIBITED. SWEEPSTAKES BEGINS 12:00:01 A.M. CENTRAL TIME (“CT”) ON AUGUST 9, 2010 AND ENDS AT 11:59:59 P.M. CT ON JANUARY 31, 2011 (“SWEEPSTAKES PERIOD”). AN ADDITIONAL GRAND PRIZE DRAWING HAS BEEN ADDED (“ADDITIONAL GRAND PRIZE DRAWING”). ENTRY PERIOD FOR ADDITIONAL GRAND PRIZE DRAWING ENDS AT 11:59:59 P.M. CT ON APRIL 20, 2011 (MAIL-IN ENTRIES MUST BE POSTMARKED BY APRIL 20, 2011 AND RECEIVED BY APRIL 27, 2011) (“ADDITIONAL SWEEPSTAKES PERIOD”).
1. Eligibility. Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia (except residents of CA and TN) who are 21 years of age and older. The following persons are NOT eligible to participate: Employees, directors and officers of Freixenet USA (“Sponsor”), the advertising and promotional agencies of Sponsor (collectively the foregoing shall be referred to as “Sweepstakes Parties”), and licensed alcohol beverage wholesalers, distributors, retailers, and their respective employees, families, and household members. Subject to all federal, state, and local laws and regulations. Void in CA, TN and wherever else prohibited by law.
2. How to Enter the Sweepstakes. There are two ways to enter: (a) Online: During the Sweepstakes Period, visit www.tapenawines.com (the “Web Site”) to register to play the Tapena Wine Quiz. Participants that complete all required information on the registration form and click the "I accept" button on the Web Site will be entered into the Sweepstakes. Completion of the Tapena Wine quiz is not required for entry. (b) Mail-in: Obtain an entry form at participating retailers and complete all of the requested information or hand print your name, complete address, date of birth, email address, and daytime phone number on a 3” x 5” card and mail either the entry form or 3” x 5” card to Tapeña Paella Party Sweepstakes c/o World Wide Wencel, LLC 903 Commerce Drive - Suite 140, OakBrook, IL 60523. Mail-in entries must be postmarked by January 31, 2011 and received no later than February 7, 2011. Limit one entry per person, household, e-mail address and/or stamped outer envelope, regardless of method of entry. Any form of entry other than that described herein is void. All entrants must have a valid e-mail address. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry. "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.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute over the ownership of an e-mail address, the Authorized Account Holder of the designated e-mail address will be considered the potential winner of any prize. Multiple participants are not permitted to share the same e-mail address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. All entries become the property of Sponsor and will not be returned to entrant. Automated entries (including but not limited to entries made using any script, macro, bot, or sweepstakes service) and facsimiles are not allowed. Potential winner may be requested to provide Sponsor with proof that the potential winner is the Authorized Account Holder of the e-mail address associated with the winning entry. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries. Sponsor’s computer shall be the official time keeping device for this Sweepstakes.
3. Winner Selection. MONTHLY DRAWINGS: The Monthly Drawing winners will be selected in random drawings by an independent judging organization (“Judge”), whose decisions are final and binding on all matters related to the Sweepstakes to take place on or about September 9, 2010 from among all entries submitted online through 11:59:59 P.M. CT on August 31, 2010 or, if submitted via mail, postmarked by August 31, 2010 and received by September 7, 2010; October 11, 2010 from among all entries submitted online through 11:59:59 P.M. CT on September 30, 2010 or, if submitted via mail, postmarked by September 30, 2010 and received by October 7, 2010; November 10, 2010 from among all entries submitted online through 11:59:59 P.M. CT on October 31, 2010 or, if submitted via mail, postmarked by October 31, 2010 and received by November 8, 2010; December 9, 2010 from among all entries submitted online through 11:59:59 P.M. CT on November 30, 2010 or, if submitted via mail, postmarked by November 30, 2010 and received by December 7, 2010; and January 12, 2011 from among all entries submitted online through 11:59:59 P.M. CT on December 31, 2010, or, if submitted via mail, postmarked by December 31, 2010 and received by January 7, 2011. Odds of winning a Monthly Drawing depend on the number of eligible entries received through the applicable entry deadline listed above. Non-winning entries will be included in the next available Monthly Drawing. All entries, including Monthly Drawing winners, will be included in the Grand Prize and Second Prize Drawing.
GRAND PRIZE AND SECOND PRIZE DRAWING: The Grand Prize winner and Second Prize winners will be selected in a random drawing to take place on or about February 11, 2011 by a Judge. Odds of winning Grand Prize and Second Prize depend on the number of eligible entries received throughout the entire Sweepstakes Period. The Grand Prize winner will be notified by mail. Second Prize and Monthly Drawing winners will be notified by e-mail. If any prize correspondence (including e-mail) is returned as non-deliverable, prize may be forfeited. Sponsor is not responsible for any changes of e-mail address, mailing address, and/or telephone number of entrants. Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within fourteen (14) days of attempted notification or prize may be forfeited. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. One (1) additional Grand Prize winner will be selected in a random drawing to take place on or about April 30, 2011. All eligible entries, including Monthly Drawing winners and Second Prize winners (but excluding the Grand Prize winner from the first Grand Prize drawing), will be included in the Additional Grand Prize Drawing. Limit one (1) Grand Prize per person/household. Odds of winning the additional Grand Prize depends on the number of eligible entries received from the Sweepstakes Period and Additional Sweepstakes Period combined.
4. Sweepstakes Prizes. ONE (1) MONTHLY PRIZE FOR EACH OF FIVE (5) MONTHLY DRAWINGS: One (1) music compact disc by Juanes. The approximate retail value (ARV) of the Monthly Prize is $15.00. ONE (1) GRAND PRIZE: A “Tapena Paella Party” at the winner’s home for the winner and up to nineteen (19) guests, including paella and music. Winner’s guests must be at least twenty-one (21) years of age. The ARV of the Grand Prize is $850.00. THIRTY (30) SECOND PRIZES: one (1) The New Spanish Table cookbook by Anya Von Bremzen. The ARV of the Second Prize is $15.00. The total ARV of all prizes from Sweepstakes Period is $1375.00. No substitution, cash redemption or transfer of prize is permitted except at Sponsor’s sole discretion. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Any portion of the prize not accepted by winner shall be forfeited. All taxes and any expenses not expressly mentioned above as being paid by the Sponsor are solely the responsibility of the winners. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Grand prize winner may be issued an IRS 1099 form. ONE (1) ADDITIONAL GRAND PRIZE: A “Tapena Paella Party” at the winner’s home for the winner and up to nineteen (19) guests, including paella and music. Winner’s guests must be at least twenty-one (21) years of age. The ARV of the additional Grand Prize is $850.00. Total ARV of all prizes from Sweepstakes Period and Additional Sweepstakes Period combined: $2225.00.
5. Release. By accepting any prize, winners consent to let Sponsor use his/her name and likeness in all media now known or hereinafter developed without territorial or time limitation without further payment, except where prohibited by law.
6. General Conditions. By participating, entrants agree to these Official Rules, Sponsor’s Privacy Policy (available at http://www.tapenawines.com/privacy-policy.html) and to the Judge’s decisions, which are final and binding in all respects. Sweepstakes Parties reserve the right to cancel, suspend and/or modify the Sweepstakes if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor 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 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. Limitations of Liability. As a condition of entering, entrants agree (and agree to confirm in writing) (a) to release, hold harmless and indemnify the Sweepstakes Parties (including, but not limited to Worldwide Wencel, LLC) and all of their respective shareholders, directors, officers, employees and agencies, from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) arising directly or indirectly from or in connection with his/her participation in the Sweepstakes, acceptance, possession or use/misuse of the prize or participation in any prize-related activity, including any travel related thereto, or use of entry; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, or non-delivered entries; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Web Site users, or by any equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Web Site.
8. Disputes. This Sweepstakes shall be governed by the laws of California, without respect to conflict of law doctrines. By entering, participating or accepting any prize in this Sweepstakes, you agree that California courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall be only in Sonoma County, California. Further, in any such dispute, under no circumstance will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including reasonable attorneys’ fees, other than participants actual out-of-pocket expenses (i.e. costs associated with this Sweepstakes).
9. Winners List. For the names of the Sweepstakes winners, send a hand-printed, self-addressed, stamped envelope to: Tapeña Paella Party Sweepstakes Winners List c/o World Wide Wencel, LLC, 903 Commerce Drive - Suite 140, OakBrook, IL 60523. Requests must be received by May 31, 2011.
10. Sponsor. The Sweepstakes Sponsor is Freixenet USA, PO Box 1949, Sonoma, CA 95476, USA.
