LUXURY WINE COOLER PROMOTION
TERMS AND CONDITIONS
OPEN ONLY TO ELIGIBLE LEGAL UNITED STATES RESIDENTS OF ALL STATES EXCEPT ALABAMA, ARKANSAS, HAWAII, IDAHO, INDIANA, LOUISIANA, MINNESOTA, MISSOURI, NORTH CAROLINA, NEW YORK, OHIO, OREGON, PENNSYLVANIA, SOUTH DAKOTA, TEXAS, UTAH AND VIRGINIA WHO ARE AT LEAST 21 YEARS OLD AT THE TIME OF PARTICIPATION. VOID WHERE PROHIBITED OR RESTRICTED BY LAW INCLUDING PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS.
VALID WHILE SUPPLIES LAST. LUXURY WINE COOLER PROGRAM CANNOT BE COMBINED WITH ANY OTHER OFFERS.
LUXURY WINE COOLER PROMOTION ("Promotion") is sponsored by Treasury Wine Estates Americas Company ("Sponsor"), 555 Gateway Drive, Napa, CA 94558.
1. PROMOTION PERIOD: The Promotion begins at 12:00 PM Pacific Time ("PT") on February 1, 2020 and ends at 12:00 PM PT on June 30, 2020 ("Promotion Period"). Promotion valid only while supplies last Luxury Wine Cooler program cannot be combined with any other offers. The Administrator's (defined below) computer is the Promotion official clock.
2. ELIGIBILITY: The Promotion is offered to residents of all states except ALABAMA, ARKANSAS, HAWAII, IDAHO, INDIANA, LOUISIANA, MINNESOTA, MISSOURI , NORTH CAROLINA, NEW YORK, OHIO, OREGON, PENNSYLVANIA, SOUTH DAKOTA, TEXAS, UTAH AND VIRGINIA who are at least 21 years of age at the time of participation. Void where prohibited or restricted by law including Puerto Rico and all U.S. Territories and Possessions. Employees, officers, directors, representatives, and agents of Sponsor, the independent agency administering the Promotion ("Administrator"), and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, "Promotion Entities") and each of their immediate family members (e.g., spouse, parent, sibling, child and their respective spouses and the "steps" of each, all lineal descendants, including those by adoption, regardless of where they reside) and persons living in the same household of each, whether or not related, state alcoholic beverage manufacturers, distributors, and retailers, their employees and families and employees of state or local alcohol beverage agencies are not eligible to participate. All federal, state, and local laws apply.
PLEASE READ CAREFULLY. By participating in this Promotion, you agree to the following terms and conditions ("Terms and Conditions"). These terms govern your use and our provision of services under the Program. These Terms and Conditions are a contract between you and Treasury Wine Estates. Participation in this Promotion constitutes your full and unconditional agreement to these Terms and Conditions. Participation constitutes participant's full and unconditional agreement to these Terms and Conditions and Sponsor and Administrator's decisions and interpretations, which are final and binding in all matters related to the Promotion. Participation is contingent upon fulfilling all requirements set forth herein. If a participant participates via a mobile device, message and data rates may apply. Not all cellular phone providers carry the service necessary to participate in the Promotion through a mobile device. Please check your mobile device's capabilities for specific web enabled browsing instructions and pricing plans. For purposes of the Promotion, a participant's residential address and e-mail address will be the physical address and e-mail address submitted at registration. Participants will not be allowed to change their physical addresses or e-mail addresses.
3. HOW TO PARTICIPATE IN THE PROMOTION: During the Promotion Period, an eligible participant must visit www.luxurywinecoolerdeal.com ("Website"). Once at the website, user must create an account and will be required to upload receipt(s) of qualifying purchases. Users will then have up to 60 days or until June 30, 2020 to meet the purchase requirements. During the promotion period, only ONE (1) active account per person per household shall be permitted. For this promotion, the term ("Active account") is defined as an account created and in use within the 60 days by which they must meet the purchase requirements. A participant must then register for the Promotion by providing all requested information, including, but not limited to, first and last name (no initials), complete address (no PO boxes), city, state, ZIP code, phone number, and date of birth and agree to be bound by these Terms and Conditions. To participate in the promotion, during the Promotion Period, a participant must purchase at least TWENTY-FOUR (24) bottles of select wines, such as: Beringer wines, Beaulieu, Etude, Penfolds, Stags' Leap, and/or Provenance ("Qualifying Purchase"). For direct to consumer purchases only: see addendum for qualifying brands when purchasing direct to consumer. Direct to consumer purchases will only be accepted if submitted and purchased between 02/01/2020 - 02/29/2020 and valid to residents of legal purchase state. After this time, direct to consumer receipts will no longer be accepted. Minimum bottle price of $19 (USD) required. After creating an account, an eligible participant must follow the instructions to upload a photo of their receipts identifying qualifying purchase(s) and purchase date(s). Participants may enter their account and continue to upload as many receipts as necessary to meet said purchase requirement during the allotted time period. Receipts will be rejected for any of the following reasons: state or date or purchase is excluded from receipt, duplicate receipt was submitted, brands are not listed or itemized and therefore unable to validate purchase, minimum purchase requirement of $19 not met. After uploading applicable receipt(s) and meeting necessary purchase requirements, participant must verify shipping address and pay $49 via PayPal. If participant does not have a PayPal account, they may create one free of charge in order to process payment. Once submission has been processed and approved, participant will receive an email confirmation and promotional item will be mailed to the participant at the provided address in approximately SIX (6) to EIGHT (8) weeks. (Promotional item specs, size and model may vary depending on availability). Participant is responsible for providing a valid and trusted shipping address to accept the delivery of the promotional item. Sponsor is not responsible for any misdirected promotional items due to incorrect address input by participant. Promotional item will not be reshipped or replaced as a result. No address changes/adjustments will be accepted after participant's submission is received. The approximate retail value ("ARV") of the promotional item is $320. Promotional item is a 36-bottle freestanding wine cooler. Available while supplies last. A Qualifying Purchase and receipt may only be used once. If a participant creates multiple accounts or attempts to participate in the Promotion using multiple identities, then Sponsor, in its sole discretion, may void any or all such accounts/Qualifying Purchases.
4. LIMITATION OF LIABILITY: By participating in the Promotion, participants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each of their respective officers, directors, stockholders, employees, representatives, designees and agents ("Released Parties") are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, programming, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a Promotion Item; and (viii) submissions that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions.
By participating in the Promotion, each participant agrees: (i) to be bound by these Terms and Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys' fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, or participant's participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Promotion Item (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed Promotion Items (or any element thereof); or (h) the negligence or willful misconduct by participant.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion. Without limiting the foregoing, everything regarding this Promotion, including each Promotion Item, is provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
5. DISPUTES: Any dispute, claim or controversy arising out of or relating to this Promotion, shall be resolved by arbitration in Napa, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules ("JAMS Rules"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NAPA COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
7. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any participant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any attempted form of participation in this Promotion other than as in these Terms and Conditions is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person's registrations/accounts will be declared null and void. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Participants may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. "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) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each participant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms and Conditions 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 Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Terms and Conditions. Sponsor's failure to enforce any term of these Terms and Conditions 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 Promotion details contained in these Terms and Conditions and Promotion 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 Promotion as set forth in these Terms and Conditions shall prevail.
©2020 Treasury Wine Estates Americas and TWE Imports, Napa, CA.
©2020 Danby, All Rights Reserved.