TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Penfolds Best Dressed Somm Contest (“Contest”) is sponsored by Treasury Wine Estates Americas Company, Inc., 610 Airpark Road, Napa, CA 94558 (“Sponsor”).
1. CONTEST PERIOD: The Contest starts on September 1, 2015 at 12:00 A.M. Pacific Time (“PT”) and ends on September 30, 2015 at 11:59:59 P.M. PT ("Contest Period"). Sponsor’s computer is the official Contest clock.
2. ELIGIBILITY: This Contest is open only to eligible legal residents of the fifty (50) United States, the District of Columbia, and Canada who are twenty-one (21) years and older and who are employed on average of twenty-five (25) hours each week as a sommelier at an on premise licensee (“Entrant”). Employees, officers, directors and agents of Sponsor, an independent third party contest administrator (“Administrator”), and each of their affiliates, subsidiaries, suppliers, advertising, promotion and internet agencies (collectively, “Contest Entities”) and their immediate family members and/or those living in the same household of each (whether related or not) are not eligible. All applicable federal, provincial, territorial, and local laws and regulations apply. Void where prohibited or restricted by law.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest.
3. HOW TO ENTER: During the Contest Period, an Entrant must follow the steps below to receive one (1) entry into the Contest (“Entry”):
i. Sign into his/her Instagram or Twitter account (for Twitter entry, an Entrant must follow @Penfolds if not already following);
ii. Create a new Instagram post or Tweet that includes a photo that displays the Entrant dressed-up showing his/her personal style; and
iii. Include the handles “@Penfolds” and “@GQMagazine” and the either the hashtag “#BestDressedSomm” or “#BestDressedSommContest”.
Entry Requirements: All Entries must comply with the following restrictions:
- Entry must be an original work;
- Entry cannot have been published previously by any party other than the Entrant;
- Entry must be suitable for publication (i.e., may not be obscene or indecent);
- Must adhere to Instagram’s Terms of Service (for Instagram entry), located at: https://instagram.com/about/legal/terms/;
- Must adhere to Twitter’s Terms of Service (for Twitter entry), located at: https://twitter.com/tos;
- Entry cannot prominently feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Sponsor’s;
- Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
- Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;
- Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot describe or depict any illegal activity or violation of any federal, provincial, territorial, and local law;
- Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
- Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
- gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
- Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
NOTE: If any Entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the Entrant.
Any Entrant who incorporates any intellectual property owned by a third party into his/her Entry does so at his/her own risk. Without in any way limiting, expanding or amending the terms and conditions residing on the any Contest-related website, which terms and conditions shall remain in full force and effect, if Sponsor is duly notified that any element of an Entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from any Contest-related website because of such infringement, such Entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such Entrant’s Entry has been or can be sufficiently cleared for legal purposes and such Entrant eligibility is verified. Each person who enters this Contest represents and warrants as follows: (i) the Entry is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
By submitting an Entry, Entrant hereby grants permission for the Entry, including the Entrant’s Twitter or Instagram handle and public profile information, to be publicly posted, at Sponsor’s sole discretion. The Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries – all of which will be void. Sponsor reserves the right to disqualify any Entrant and/or Entry in its sole and absolute discretion.
Limit: Limit one (1) Entry per person for the entire Contest. An Entrant who attempts to enter more than the stated limit will be subject to disqualification from the Contest. If it is discovered or suspected that a person has attempted to enter or receive Entries using multiple Twitter or Instagram accounts or identities, all of that person’s Entries may be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited, at the Sponsor’s sole and absolute discretion.
4. SEMIFINALIST AND FINALIST DETERMINATION: On or about October 1, 2015, a panel of qualified judges, determined by Sponsor in its sole discretion, will select the nine (9) Entrants with the highest-scoring Entries (each a potential "Semifinalist") from among all eligible Entries based on the following criteria (“Judging Criteria”):
- Appearance and styling of Entrant’s outfit displays attention to detail, including proper fit and how clothes and accessories work together (34%);
- Styling is pulled together and includes the right accessories, shoes, watch and other details (33%); and
iii. Entrant's styling appears effortless (33%).
In the event of a tie, the Entrant whose Entry received the highest score for criterion (i) will prevail. In the event Entries are still tied, the Entrant whose Entry received the highest score for criterion (ii) will prevail. In the event Entries are still tied, the tied Entries will be re-judged according to the Judging Criteria set forth above.
During the Contest Period, all valid Entries will be included in a gallery at www.penfolds.com/GQBestDressedSomm (the “Website”). Individuals who visit the gallery will be able to follow the instructions to “like” their favorite Entries. The one (1) Entrant with the Entry that has received the most “likes” at the end of the Contest Period will be named a potential Semifinalist.
After the selection of all Semifinalists, a different panel of qualified judges, determined by Sponsor in its sole discretion, will select the five (5) Entrants with the highest-scoring Entries (each a potential "Finalist") from among the ten (10) Semifinalists according to the above Judging Criteria.
If any potential Semifinalist or Finalist is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified and the Entry with the next highest score will be named the potential Semifinalist or Finalist. Administrator’s, judges’ and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the Semifinalists and Finalists. In no event will there be more than five (5) Finalists. Sponsor reserves the right to select fewer than five (5) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
5. FINALIST REQUIREMENTS: Potential Finalists are subject to verification of eligibility and compliance with these Official Rules. Potential Finalists will be notified by Direct Message (Twitter Entries) or by comment on the Entry (Instagram Entries) on or around October 2, 2015. Each Finalist must respond to Sponsor within one (1) business day confirming his/her interest in accepting the invitation to attend the Penfolds House unveiling event on October 21, 2015 held in New York, NY and providing employer verification of the Finalist’s work schedule to confirm the hour's requirement. Food, transportation, and lodging will not be provided for Finalists. Alcohol regulations prohibit Sponsor from providing Finalists with transportation or accommodations to participate in the Penfolds House unveiling event. Each Finalist will be required to make his/her own arrangements, at his/her own expense. Any and all costs and expenses not expressly set forth in these Official Rules are solely the responsibility of each Finalist. If a Finalist cannot be contacted, or does not respond within one (1) business day to this invitation, Finalist will be deemed to forfeit this opportunity and Sponsor will reach out to alternate Entrant.
Canadian residents only: Before being declared a Finalist, a potential Finalist who is a Canadian resident will be required to correctly answer a timed mathematical skill-testing question without assistance, or the opportunity to be named a Finalist will be forfeited.
6. FINAL WINNER DETERMINATION: Finalists should arrive at the Penfolds House unveiling event dressed-up displaying their personal style consistent with the looks displayed in their Entries. At the Penfolds House unveiling event, a panel of judges, determined by Sponsor, will assess each Finalist and select the Best Dressed Somm based on the Judging Criteria listed above in Section 4. The Finalist who receives the highest score, according to the Judging Criteria, will be the winner.
7. PRIZES FOR THE FIVE (5) FINALISTS AND WINNER: Each of the five (5) Finalists will have coverage in a promotional listing in a future GQ print issue of the Penfolds House unveiling event. The winner will also receive a private styling session with GQ's style expert Brett Fahlgren, exposure to media and influencers at the Penfolds House unveiling event, and an official announcement in a national Penfolds and GQ press release. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Prizes have no monetary value.
7. LIMITATION OF LIABILITY: By participating in this Contest, Entrants agree that the Contest 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 their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, Direct Message, postage due or undeliverable e-mail notifications, telephone calls, 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/Internet/website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, 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 Contest; (vii) any injury or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Contest Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an Entrant’s privacy or spam filter settings that may divert any Finalist notification or other Contest related e-mail to a spam or junk folder.
By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules, including Entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (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 Contest; and (iv) 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 Contest, including, but not limited to, any Contest-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Contest; (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 prize (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 prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Contest is not capable of running as planned, or the integrity and or feasibility of the Contest is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, provincial, territorial, and local laws government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of Finalists and winner in a manner it deems fair and reasonable, including the selection of Finalists and winner from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received, subject to approval of the Régie des alcools, des courses et des jeux in Quebec. If Sponsor, in its discretion, elects to alter this Contest as a result of a Force Majeure event, a notice will be posted at the Website.
Without limiting the foregoing, everything regarding this Contest, including the prizes, 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.
8. DISPUTES: Except where prohibited, Entrant agrees: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, Offer, or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest or participating in the Offer, but in no event attorneys’ fees; and (3) 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 any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest or Offer, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. Entrants agree the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
FOR QUEBEC RESIDENTS ONLY: ANY DISPUTE RESPECTING THE CONDUCT OR ORGANIZATION OF A PUBLICITY CONTEST MAYBE SUBMITTED TO THE REGIE DES ALCOOLS, DES COURSES ET DES JEUX DU QUEBEC FOR A RULING. ANY LITIGATION RESPECTING THE AWARDING OF A PRIZE MAYBE SUBMITTED TO THE BOARD ONLY FOR THE SOLE PURPOSE OF HELPING THE PARTIES REACH A SETTLEMENT.
10. PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each Entrant agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to television (including live television), radio, and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. RELEASE: By participating in the Contest, each Entrant releases and agrees to indemnify and hold harmless Contest Entities, from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, acceptance or usage of a prize, or arising out of participation in any Contest or prize related activity, whether hosted by Sponsor or a third party.
12. MISCELLANEOUS: This Contest is subject to all federal, provincial, territorial, and local laws, rules and regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Contest other than as described herein is void and will result in disqualification, and if such person is selected as a potential Finalist, revocation of his/her prize. If it is discovered or suspected that a person has registered, entered or attempted to register or receive entries using multiple e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited at the Sponsor’s sole discretion. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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. In the event of a dispute as to the identity of an Entrant, the Entry will be declared made by the primary account holder of the e-mail account associated with the Twitter or Instagram handle used to enter the Contest. Potential Finalists may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the e-mail address by an e-mail service provided. 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 or any prize documents will not affect the validity or enforceability of any other provision. 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. All entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and the Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
13. FINALIST LIST: To obtain a list of Finalists and the name of the winner, send a properly stamped self-addressed business sized envelope to: Penfolds Best Dressed Somm Contest – Finalist List Request, P.O. Box 251328, West Bloomfield, MI 48325. Finalist List requests must be received by November 30, 2015.
Sponsor: Treasury Wine Estates Americas Company, Inc., 610 Airpark Road, Napa, CA 94558.
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