2020 LOUDOUN HEIGHTS WINE CLUSTER PASSPORT CONTEST RULES
NO PURCHASE IS NECESSARY, REQUIRED, OR PERMITTED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. THE CONTEST IS VOID WHERE PROHIBITED. THE LOUDOUN HEIGHTS WINE CLUSTER PASSPORT CONTEST (“CONTEST”) IS NOT AFFILIATED WITH, SPONSORED BY, OR ENDORSED BY FACEBOOK, TWITTER, OR SIMILAR SOCIAL MEDIA (“SOCIAL MEDIA PROVIDERS”). CONTEST ENTRANTS MUST COMPLY WITH ALL APPLICABLE LAWS AND ALL TERMS OF SERVICE OF SOCIAL MEDIA PROVIDERS IF ENTRANTS USE SOCIAL MEDIA IN CONNECTION WITH THE CONTEST. DO NOT ENTER THIS CONTEST, OR ENGAGE IN ACTIVITY RELATED TO THIS CONTEST, WHILE DRIVING A VEHICLE, OPERATING EQUIPMENT, OR ENGAGING IN OTHER ACTIVITY WHERE PERSONAL INJURY OR PROPERTY DAMAGE MAY RESULT FROM SUCH CONTEST ENTRY OR CONTEST ACTIVITY. DO NOT PARTICIPATE IN THIS CONTEST, OR SUBMIT AN ENTRY FOR THIS CONTEST, FROM LOCATIONS WHERE THIS CONTEST IS PROHIBITED BY LAW. PRIZES (ONE PER DRAWING)
- 868 Estate Vineyards – (2) stainless steel wine tumblers and one $50 gift card
- Breaux Vineyards – 4 tickets to Cajun Fest and 4 tickets to Key West Fest
- Bozzo Family Vineyards – 15% off purchases and winery tour with the winemaker
- Doukenie Winery – One ticket to our March 29th Doukenie Blending Class with our Winemaker, James Phillips, in the barrel room to learn the secrets of creating the perfect blend. Measure varietals & help us create the next Vintner’s Reserve.
- Hillsborough Winery & Brewery – TBD
- Maggie Malick Wine Caves – Logo sweatshirt and bottle of wine
- Notaviva Craft Fermentations – Swag package including (2) branded pint glasses, (2) branded wine glasses, (1) screen printed t-shirt and (1) embroidered cap
- Two Twisted Posts Winery – One night stay at the Hidden View Bed and Breakfast, value $259.90
1. Contest and Eligibility
The Contest is intended for fun and to raise awareness of the Loudoun Heights Wine Cluster and its member wineries, cideries, and breweries. Winners will be determined by random drawing as described further below in these Contest rules (“Rules”). No purchase from or other consideration provided to the sponsor of the Contest, the Loudoun Heights AgriTourism Council (“Sponsor”) or members of the Sponsor (“Members”), is required, permitted, or will be accepted to enter the Contest.
The Contest is open only to natural persons, who are lawful residents of one of the fifty (50) United States or the District of Columbia, who are at least twenty-one (21) years old at the time of entry, and who enter the Contest in a State or District where the Contest is not prohibited by law. Contest entrants and their entries made in a State or District where the Contest is prohibited by law will result in disqualification of the entrants, their entries, and forfeiture of any prize.
The following are not eligible to enter the Contest: Employees, directors, officers, and owners of Sponsor and/or Members and their immediate family.
The Contest is subject to federal, state, and local laws and regulations. The Contest is void where prohibited by law.
The Contest is sponsored by the Loudoun Heights AgriTourism Council, 1433 Harle Pl SW, Leesburg, VA 20175.
3. Agreement to the Rules
Participation in the Contest constitutes an entrant’s full and unconditional agreement to and acceptance of these Rules, other tangible or electronic documents issued by the Sponsor in connection with the Contest (“Documents”), and the decisions of the Sponsor, whether written, electronic, or otherwise, which are final, binding, and in the sole discretion of the Sponsor (“Decisions”). Winning a prize is contingent upon being compliant with these Rules, the Documents, the Decisions, and fulfilling all other requirements set forth in the Rules, the Decisions, and the Documents.
4. Contest Period and Contest Entries
The Contest begins on February 1, 2020 at 12:00 AM Eastern Time and will end at 12:00 AM Eastern Time on March 31, 2020 (the “Contest Period”). The Sponsor may determine to continue the Contest for additional periods of time, on a calendar quarter or other basis, in calendar year 2020, in its sole discretion. If Sponsor continues the Contest for such additional periods, each such period shall be deemed an additional Contest Period. Entries that are submitted before or after each Contest Period are disqualified. Entries that do not comply with the Rules, Documents, and/or Decisions are disqualified.
5. How to Enter
Eligible Contest entrants whose “passports” issued by Sponsor or Members in connection with this Contest that are fully-stamped, that is, such passports show visits by the entrant to each Member winery, cidery, or brewery no later than the end of the Contest Period may submit such passport in person at any Member, cidery, or brewery as the entrant’s Contest entry during the Contest Period. All Contest entries, upon submission by an entrant, become the sole and exclusive property of the Sponsor and will not be acknowledged or returned.
Entrants, and not Sponsor or Members, are solely responsible for providing all services, labor, materials, and equipment used by entrants to participate in the Contest and to submit Contest entries at the sole risk of Entrants.
6. Contest Winner
After the end of the Contest Period at a time determined by Sponsor in its sole discretion, Sponsor will determine the potential winner(s) of the Contest by random drawing of all entries from eligible entrants that each comply with the Rules, the Documents, and the Decisions, and Sponsor will announce the potential winner(s). The potential winner(s) must be eligible entrant(s), must have submitted Contest entries during the Contest Period, must have entered the Contest in a State or District where the Contest is permitted, and not prohibited, under applicable laws, and the entries and the potential winner(s) must be in full compliance with the Rules, the Documents, and the Decisions. Ineligible entrants, and their entries, are disqualified. Entries and/or entrants that do not fully comply with the Rules, the Documents, and the Decisions are disqualified. Entries submitted, and entrants participating in the Contest, from a State or District where the Contest is prohibited by law are disqualified. No prize(s) will be awarded to ineligible or disqualified entrants, for disqualified entries, or for entrants or entries that are not in full compliance with the Rules, the Documents, and the Decisions.
7. Winner Notification
The potential winner(s) determined by the Sponsor will be notified by or on behalf of Sponsor by email, mail, or phone. The potential winner(s) will be required to complete, sign (including electronic signature), and submit to Sponsor a Declaration of Compliance (substantially in the form of the declaration attached to these Rules) within five (5) days of the date notice or attempted notice is sent, in order to claim the potential winner(s) prize(s). If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize.
If a potential winner is at least twenty-one (21) years of age but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on such potential winner’s behalf and fulfill all other requirements imposed on such potential winner as set forth herein.
The potential winner(s) must continue to comply with all terms and conditions of these Rules, the Documents, and the Decisions, and winning is contingent upon fulfilling all requirements. The Rules, the Documents, and the Decisions will survive award of the winner(s) prize(s) and completion or termination of the Contest.
In the event that a potential winner or a potential winner’s Contest entry is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner based on another random drawing by Sponsor. Prizes will be fulfilled within a reasonable time after determination of the potential winner(s) and potential winner(s) compliance with the Rules, the Documents, and the Decisions.
The Sponsor will determine and announce the Contest prize(s) awarded to the Contest winner(s).
The Contest winner(s), and not the Sponsor or the Members, are solely responsible for payment of all taxes, duties, fees, and other charges associated with the prize(s) awarded to the Contest winner(s). Prior to fulfillment of the Contest prize(s) by Sponsor, the Contest winner(s) will, upon demand by Sponsor, provide Sponsor with an IRS W-9 form duly and truthfully completed and signed by the Contest winner(s) and liability/publicity release(s) in a form determined by Sponsor that is signed by Contest winner(s). Failure by Contest winner(s) to provide such signed documents to Sponsor upon demand, or to provide such Declaration of Compliance to Sponsor as set forth in these Contest Rules, shall disqualify the Contest winner(s) and the Contest winner(s) shall be deemed to have forfeited the Contest prize(s).
Prize acceptance by Contest winner(s) constitutes permission to Sponsor, the Members, and the Released Parties (as defined below) to use Contest winner(s) name(s) and/or likeness(es) for advertising or trade without further compensation in perpetuity, unless such use is prohibited by applicable law.
9. General Conditions
Sponsor may terminate the Contest at any time for any reason or for no reason in Sponsor’s sole discretion. In addition, in the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned by the Sponsor for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Rules, the Documents, and the Decisions, (b) terminate the Contest and, in the event of termination, award prize(s) to potential winner(s) determined by Sponsor by random drawing of all entries submitted by eligible entrants in accordance with the Rules, the Documents, and the Decisions as of the date of termination in compliance with paragraph 7 of these Rules, or (c) terminate the Contest without awarding prize(s) if no eligible entrants submitted entries that comply with the Rules, the Documents, and the Decisions.
The Sponsor reserves the right in its sole discretion to disqualify any individual and his/her Contest entries if Sponsor finds such individual to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Rules, the Documents or the Decisions or in a disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law.
Failure by the Sponsor to enforce any provision of these Rules shall not constitute a waiver of that provision.
10. Release, Indemnity, Limitations of Liability, Exclusion of Warranties.
By participating in the Contest, each entrant hereby agrees to release, indemnify, and hold harmless the Sponsor, the Members, the Social Media Providers, Sponsor’s advertising and promotion agencies, other companies associated with the Contest, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, employees, shareholders, representatives, contractors, agents, and assigns (together, the “Released Parties”), from and against any claim or cause of action arising out of entrant’s participation in the Contest or receipt or use of the Contest prize(s) (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including, without limitation, lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human or machine intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads; (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner(s), the cancellation, termination, suspension, or postponement of the Contest or random drawings, if applicable, the processing of Contest entries, or in any Contest-related materials; or (f) claims of infringement of intellectual or other property rights, claims arising from entrant’s non-compliance with the Rules, the Documents, or the Decisions, personal injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or acceptance, receipt, use, or misuse of the prize(s) (including any travel or activity related thereto).
Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the entrant’s direct out of pocket cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, other than such direct out of pocket costs.
THE RELEASED PARTIES MAKE NO WARRANTIES IN CONNECTION WITH THE CONTEST, EXPRESS OR IMPLIED, AND DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTEST, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO CONTEST ENTRANTS OR OTHER PERSONS FOR PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR OTHER DAMAGES, OTHER THAN SUCH DIRECT OUT OF POCKET COSTS.
11. Disputes and Applicable Law
EXCEPT WHERE PROHIBITED BY LAW, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH, THE CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN THE EASTERN DISTRICT OF VIRGINIA. Entrants shall not object to jurisdiction and venue of such courts.
All issues and questions concerning the legality, construction, validity, interpretation and enforceability of these Rules, the Contest, entrants rights and obligations in connection with the Contest, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the laws of the Commonwealth of Virginia.