"LIVINGSTON CELLARS "LIVE THE LIVINGSTON LIFE" CONTEST OFFICIAL RULES
- NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
- CONTEST ENTRANTS AND PRIZE RECIPIENT MUST BE LEGAL RESIDENTS OF ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST 21 YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. VOID IN CA, UT, PR, OUTSIDE THE FIFTY (50) UNITED STATES AND WHERE OTHERWISE PROHIBITED BY LAW. Employees of Sponsor, its alcoholic beverage distributors and retailers; affiliates; subsidiaries; advertising and promotion fulfillment and/or judging agencies (collectively, "Related Entities"); and the immediate family members of each are not eligible. Contest subject to all federal, state and local laws and regulations.
- SPONSOR: LIVINGSTON CELLARS, MODESTO, CA ("SPONSOR")
- TWO (2) WAYS TO ENTER: This Contest begins at 12:01 AM, Eastern Standard Time ("EST") on March 1, 2009 and ends at 11:59:59 PM EST on December 31, 2009. A) MAIL ENTRIES: Visit http://www.thelivingstonlife.com/entry.html and download and print the Official Entry Form available for you to complete and submit or you can print your complete name, home address including zip code, daytime and evening telephone numbers including area code, a valid email address (if applicable), your date of birth, answer the survey questions listed on the Official Entry Form, write an essay in 250 words or less on why you believe you embody the Livingston Life values a defined at http://www.thelivingstonlife.com/entry.html and mail your Entry in an envelope with sufficient First Class Postage to: Livingston Life Contest, 1541 Cummins Drive, Modesto, CA 95358 (hereinafter, "Mail Entries"). All Mail Entries must be postmarked by December 31, 2009 and received by January 8, 2010; OR B) INTERNET ENTRIES: Visit http://www.thelivingstonlife.com/entry.html and fill in the required information on the Official Entry Form, and submit the Online Official Entry Form as directed. Entrants will be required to provide complete name, home address including zip code, daytime and evening telephone numbers including area code, a valid e-mail address, your date of birth, answers to the survey questions listed on the Official Entry Form and prepare an essay in 250 words or less on why you believe you embody the Livingston Life values as define at http://www.thelivingstonlife.com/entry.html (hereinafter, "Internet Entries"). All Internet Entries must be received by 11:59:59 PM EST on December 31, 2009. All Mail and Internet Entries (collectively, "Entries) must be submitted in the English language. Limit one entry per person, household, or e-mail address. If you wish to receive future emails about Livingston Cellars, please check the appropriate box on the Online Entry Form. No previously published essays, articles or award winning papers will qualify as an Entry. Duplicate or multiple Entries and Entries that are deemed by the judges to be immoral, obscene, profane, lewd or not in keeping with Sponsor's image or in violation of these Official Rules may be disqualified. By entering the Contest, Entrants agree that the Sponsor and Related Entities shall have the right to edit, modify, publish, use, reuse, not use, or otherwise exploit the Essay, and any materials based thereon or derived from, in any manner, for any lawful purposes whatsoever, including, without limitation, for use in the packaging, or for promotion or advertising purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, consideration, or payment to the Entrant, except where prohibited by law. By submitting your Entry, you warrant and represent that your Entry is 100% original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the opinion of the judges, Sponsor or Related Entities, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify the Entry. Ownership of all rights, title and interest in and to any intellectual property rights contained or embodied in or appurtenant to the Entries in connection with this Contest ("Intellectual Property") including, but not limited to rights in any copyrights, trademarks and trade names shall, when applicable, be assigned to the Sponsor upon submission of the Entry. The Intellectual Property shall become the sole property of the Sponsor. Sponsor and its Related Entities are not responsible for lost, late, incomplete, stolen, misdirected or postage-due entries or mail, entries that are processed late or incorrectly or those that are lost due to computer or electronic malfunction or other error.
- JUDGING CRITERIA: Four (4) Grand Prize Winners will be selected based on the following judging criteria: Originality/Creativity of the Essay: (0-20 points); How the Entrant describes how he/she has fun and feels good about himself/herself (0-20 points); How the Entrant describes how he/she shares moments with family and friends (0-20 points); How the Entrant demonstrates how he/she lives life to the fullest (0-20 points); and How the Entrants describes how he/she gets involved in the community (0-20 points). In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein. In the event the same essay is submitted by more than one entrant, only the first entry received will qualify. All entries will be judged by a panel of judges whose decisions are final and binding on all matters relating to this Contest. Sponsor reserves the right not to select up to four (4) Grand Prize Winners or award any prizes, if in their sole discretion they do not receive a sufficient number of qualified entries.
- FOUR (4) GRAND PRIZES: Each Grand Prize is a trip for Grand Prize Winner and Guest to attend a Central Valley Wine Training Program in California. Each Grand Prize consists of round trip coach air transportation between major commercial airport nearest Grand Prize Winner's residence and Modesto, CA, five (5) nights hotel accommodations (double room occupancy, room and tax only) at hotels designated by Sponsor, three (3) winery tours designated by Sponsor, four (4) Lunches while touring wineries designated by Sponsor, four (4) Dinners at restaurants designated by Sponsor, and ground transportation between airport and hotels and between hotels and wineries in the Modesto, CA area. Approximate retail value of each Grand Prize: $5000. Total approximate retail value of all Grand Prizes: $20,000. Each Grand Prize Winner will be solely responsible for all federal, state and local taxes on the Grand Prize. Each Grand Prize Winner is solely responsible for any and all ground transfers between Grand Prize Winner's home and airport of departure, ground transportation in the Modesto, CA area not stated herein, in-room charges (mini-bar, movies) telephone calls, meals, beverages, gratuities, travel upgrades, amenities, personal incidentals and any other expenses not specified herein. In the event a Grand Prize Winner resides within one hundred and fifty (150) miles from Modesto, CA Sponsor will provide Grand Prize Winner with round trip ground transportation between Grand Prize Winner's home and Modesto, CA, in lieu of the round trip coach air transportation. No compensation for the difference in dollar amount between the round trip coach air transportation and round trip ground transportation will be provided to that Grand Prize Winner. Each Grand Prize Winner will be required to provide a major valid credit card upon hotel check in and all-in room charges, telephone calls, meals, beverages, hotel upgrades, amenities personal incidentals and any other expenses charged to the Grand Prize Winner's hotel room will be charged to the Grand Prize Winner's major valid credit card provided. Each Grand Prize Winner must travel on dates designated by Sponsor. In the event a Grand Prize Winner cannot travel on dates designated Sponsor, that Grand Prize Winner forfeits the Grand Prize, no compensation will be provided to that Grand Prize Winner and that Grand Prize will be awarded to the next highest scoring Entrant provided sufficient time remains prior to the Grand Prize Trip. All federal, state and local taxes are the sole responsibility of each Grand Prize Winner. No substitution, assignment, or transfer of any prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value. Each Grand Prize Winner must supply the Sponsor with his/her social security number for tax purposes. Each Grand Prize Winner and Guest are solely responsible for obtaining all U.S. Government identification documents prior to travel and will be responsible for all associated costs. Travel is subject to availability and other restrictions. Each Grand Prize Winner's Guest must be at least 21 years of age at the time of travel. Sponsor shall not be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If a Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the Grand Prize due to illness, Sponsor shall have the option at it sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of that Grand Prize will be awarded. Each Grand Prize Winner is solely responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or the Department of Homeland Security, as required.
- CLAIMING PRIZE/RELEASE: Eligibility, age and claim by Grand Prize Winners are subject to verification. Potential Grand Prize Winners will be notified by email, telephone and overnight mail delivery on or about February 1, 2010. Sponsor is not responsible for fraudulent calls or E-mails made to entrants not by Sponsor. Potential Grand Prize Winners must sign before a notary public and return an Affidavit of Eligibility/Prize Acceptance/Liability/Permission and (where legally permissible) a Publicity Release Form within ten (10) business days of receipt of notification. Non-compliance with any of these Official Rules may result in disqualification and that Grand Prize will be awarded to the next highest scoring Entrant. If a Grand Prize Winner notification is returned as undeliverable, the Grand Prize Winner is ineligible, or the Grand Prize Winner declines the prize, that Grand Prize may be forfeited and the Grand Prize will be awarded to the next highest scoring Entrant.
- INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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 or eligibility of any entry based on an e-mail address, the entry will be declared made by the Authorized Account Holder of the e-mail address submitted at 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, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- GENERAL: By entering this Contest and/or accepting a prize, Entrants and Grand Prize Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor, and its Related Entities from all liability, claims, actions, or proceedings relating to the Contest and from injuries or damages relating to acceptance or use of a prize; (3) agree to share customer information contained in their entry with Sponsor, the Contest Administrator (Centra Marketing & Communications, LLC) and Related Entities; and (4) consent to the use of their names, voices, photographs and/or likenesses, essays and videos for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law.
- WINNERS LIST: To receive the names of the Grand Prize Winners, (available after February 15, 2010) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope before July 30, 2010 to: Livingston Cellars Live the Livingston Life Contest, c/o Centra Marketing & Communications, 1400 Old Country Road, Suite 420, Westbury, NY 11590. Please specify "Official Rules" or "Winners List" on the outer envelope.
California Table Wine, © 2009 Livingston Cellars, Modesto, CA. All rights reserved.
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