Contest Rules
Josh Cellars Call Your Mom Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING CONTEST IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.) EXCLUDING AK, AL, HI, ME, MD, MN, ND, PA, SD, WV AND WY, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. VOID ELSEWHERE AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Contest Name: Josh Cellars Call Your Mom Contest (the “Contest”).
Contest Timing and Entry Periods: The Contest begins at 12:00 a.m. Eastern Time (ET) on 4/15/2024 and ends at 11:59:59 p.m. on 5/12/2024 (“Registration Period”). The Administrator’s computer is the official time keeping device for this Contest. Contest is subject to all applicable federal, state and local laws and regulations. Void outside the (50) United States and D.C., in AK, AL, HI, ME, MD, MN, ND, PA, SD, WV, WY, and wherever prohibited or restricted by law.
Eligibility – Who May Enter and Submit Nominations: Entries may be submitted by residents of, and who are located within, the (50) United States or D.C. excluding AK, AL, HI, ME, MD, MN, ND, PA, SD, WV and WY, who are age twenty-one (21) or older as of date of entry, and have a valid U.S. driver’s license or government-issued photo ID, except the following persons who are not eligible to enter, participate, or win:
- Employees, officers, and directors of Deutsch Family Wine & Spirits (“Sponsor”), Tombras (“Agency”), Million Dollar Media (the “Contest Administrator”) , and each of the foregoing’s respective franchisees, owners, employees, contractors, parents, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, any and all other companies associated with the design or execution of this Contest, or any employees, officers, directors, members, shareholders or agents of any alcohol-beverage retailers, distributors, wholesalers or manufacturers (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this Contest, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grandchildren (including step grandchildren) and each of their respective spouses, regardless of where they reside.
How to Enter – Two (2) Ways: There are two (2) ways to enter the Contest: (1) via online entry, or (2) via mail-in entry. These two (2) entry methods are outlined in detail below. There is a maximum of one (1) entry per person, regardless of method of entry.
- Online Entry – Voice Recording or Essay: Find the registration link from a contest related social media post from @JoshCellars, other online communication or press release, or scan the QR Code on the applicable point-of-sale or in-person event material using your mobile device’s camera or directly visit www.JoshCellars.com/momcontest during the Registration Period. Each contestant must fully complete the online registration page with all required information including his/her name, valid email address, phone number (including area code), date of birth, state of residence, and their voice recording or essay submission answering the question “Why are you grateful for your mother, or a mother figure in your life?” Voice recorded messages will be electronically transcribed into an essay submission. Submissions must be no longer than 500 characters in length. After having read and agreed to these Official Rules, and agreeing to receive offers and updates via email from Sponsor, click the submit button to submit your online entry.
- Enter By Mail: To enter by mail, you must legibly hand-print on a 3” x 5” card or piece(s) of paper your first and last name, complete address (including city, state and zip), valid email address, date of birth, and phone number (including area code). Each mail-in entry must also include an Essay in 500 characters or less. Any mail-in entry that fails to include an Essay shall be disqualified. Mail completed 3” x 5” card or piece(s) of paper in a #10, business-size envelope with first-class postage affixed to: Josh Cellars Month of Mom Contest, P.O. Box 278, Woodbridge, NJ 07095. NOTE: there is a limit one entry per outer mailing envelope, and one mail-in entry during the Registration Period. Any additional entries received from the same individual shall be disqualified. Mailing envelopes received with more than one entry inside will be disqualified. Information on all entries must be hand-printed. Incomplete or illegible entries will be disqualified. All mail-in entries must be postmarked by 5/12/2024 and received by 5/16/2024 to be eligible.
All entries must be fully complete and contain all required information and must be received by 11:59pm ET on 5/12/2024 (5/16/2024 for mail-in entries) to be eligible. Maximum of one entry per person (includes all entry methods) during the entire Contest Period. Any additional entries received from the same individual (from all entry methods combined) after an initial entry has been received shall be disqualified.
Any incomplete or ineligible entries, or any entry submitted with an invalid or false email address, phone number or other incorrect information will be disqualified. Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information for any reason including programming or technical errors, or effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections; all of which will be disqualified.
Contestants may opt out of email notifications at any time, without affecting their entry, by following provided opt-out instructions. By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact contestant via email, mail, phone or any other form of media to make contestant aware of information pertinent to the Contest, and to distribute information regarding the Sponsor(s) featured products, special events or promotional offers, or coupons. Contestants may opt-out of any further email communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions.
Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s email address or name, or providing any false email addresses or information, will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different emails, identities, or any other methods void that participant's entries and that participant may be disqualified. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible.
In the event of a dispute as to any entry, registration or submission, the authorized account holder of the email address used to register, and associated with the entry will be deemed to be the registrant and s/he must be eligible according to these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Proof of being the authorized account holder may be required.
By registering to enter the Contest, you affirm that you have read and accepted these Official Contest Rules. All entries received become the property of the Sponsor and will not be returned. All contestants agree to be bound by and abide by the official rules of the Contest.
Essay Submission Requirements (Why are you grateful for your mother, or a mother figure in your life?) Sponsor reserves the right in its sole discretion, to disqualify any submission for any reason that it considers to not be appropriate for the Contest. Submission restrictions include, but are not limited to, the following requirements:
- Submission must be the Contestant’s own original creation;
- May not be, or ever have been, submitted in any competition or contest of any kind;
- May not be submitted by any individual under 21 years of age;
- May not use any name, likeness, or any other identifying element, in whole or in part, of any person, living or dead, without permission;
- May not be subject to any third-party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or rights therein or portions, or modified versions or derivative works thereof;
- Except as relates to the Sponsor or approved partners, not include trademarks or copyrighted material not owned by Contestant, or material that is used without permission (including but not limited to company names, works of art, audio recordings, songs, or information published on any media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights);
- Not include any unauthorized copy, text or plagiarism of any kind;
- Not be considered harmful to minors in any way;
- Not depict or contain children or items especially appealing to children;
- Not depict or promote excessive or underage drinking, drugs, tobacco or firearms;
- Not depict or promote over consumption or irresponsible consumption of Josh Cellars or any other alcoholic beverage;
- Not contain profanity, inappropriate, indecent, sexually explicit, pornographic, or obscene content or language (which shall be determined by Sponsor, in its sole and absolute discretion);
- Not contain any political or politically themed or motivated messages or statements;
- Not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Contest, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;
- Not describe, depict or include content that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;
Sponsor reserves the right, in its sole discretion, to disqualify any Entry for any reason.
Representation and Release of Rights to Voice Recording or Essay Submission: By submitting an entry, each contestant represents that s/he has sole and exclusive ownership and proprietary rights of any content submitted; has full permission and rights to publish and release the content; and agrees that the content becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote, or utilize content in any manner of its choosing in relation to the promotion or advertising of the Contest or Sponsor. Entry into the Contest and upload of any content, constitutes permission for the Sponsor and its designees to use that contestant’s content submission, photo, name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. Submissions will not be acknowledged or returned by Sponsor.
In addition, by submitting any entry, each contestant transfers any and all of his/her right, title and interest in and to such entry and content submission, including but not limited to any and all copyrights, trademark rights, "moral rights" and any and all other proprietary rights that may exist, throughout the world, to Sponsor and expressly waives any rights s/he may have in such submission and/or content. Each contestant agrees Sponsor is the exclusive owner of all rights in and to such entry, and/or content, and will have the worldwide, perpetual right to copy, display, reproduce, exhibit, edit, modify, assign, license, register for copyright or trademark, distribute, sell or otherwise use and exploit the entry, content submission, and all elements and/or derivative works thereof, in whole or in part, alone or with other materials, in any media now known or hereafter created or devised, for any reason whatsoever.
Sponsor reserves the right to request proof from any entrant, at any time, in a form acceptable to Sponsor, of any permission required or possibly required to use such entrant’s entry in the Contest. Failure to provide such proof, if requested, may disqualify such entry from the Contest.
Sponsor reserves the right, in its sole discretion, to disqualify any individual (and his or her entry) who tampers or attempts to tamper with or abuse the entry process or the Contest website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Contest judges appointed by Sponsor in their sole and absolute discretion. Any questions regarding the number of entries submitted, eligible nominee or the authorized account holder who submitted the nomination shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Grand Prize Winner Determination & Notification (maximum 5 winners)
Judging and Winner Selection: Entries shall be judged by a Sponsor/Agency/Contest Administrator-appointed panel of judges (“Judges”) (at least 1 of whom shall be an independent and unaffiliated individual, as solely determined by Sponsor), pursuant to the following guidelines, requirements, and general criteria in the determination of a winning nominee submission:
- Entry that best articulates a message of gratitude for the entrant’s mother or mother figure in the entrant’s life (50% of the score);
- Entry that is deemed creative, original, humorous and/or inspiring (25% of the score);
- The overall quality of the entry, and entry that is deemed to best represent the Sponsor in a positive manner (25% of score).
On or about 5/18/2024, Judges shall review, select, and designate a maximum total of five (5) grand prize winners (“Potential Winner(s)”) from among all eligible entries received.
Entry Period Start Time | Deadline to Receive Entries | Judging Date | Number of Potential Winners Selected |
4/15/2024 at 12:00:00am ET | 5/12/2024 at 11:59:59pm ET | On or about 5/18/2024 | Five (5) |
Potential Winner Notification: Each entrant who is designated as a Potential Winner will be notified initially by phone and/or email. If the Administrator is unsuccessful in its attempt to reach and speak directly with a selected Potential Winner by phone within 2-days of the initial notification attempt to the phone number or email address associated with that contestant’s entry, then that contestant may be disqualified and an alternate Potential Winner may be selected by the Judges from among the remaining eligible entries received and notified as per the procedures outlined above (time permitting). Note: phone messages will not be left during the winner notification process.
During winner notification, the selected Potential Winner must confirm their eligibility, and indicate their willingness and ability to accept the prize. The Potential Winner will then receive official notification via email delivery.
If the selected potential winner does not meet the eligibility requirements, or is unable or unwilling to accept the prize or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be selected by the Judges from among all remaining eligible entries and notified as per the procedures outlined above (time permitting). Any disqualified contestant will not receive any alternate prize substitution or compensation. Decisions of the Administrator in the selection and determination of the winners and all matters relating to this Contest are final and binding.
All of the following will apply to each grand prize winner: 1) Winner will be required to complete and return, within 3-days of date of receipt, a prize acceptance form, including an affidavit of eligibility and a liability/publicity release (“Paperwork”) signed by both the winner and their travel guests, each age 21 or older (publicity release where permitted) and a W-9 form; 2) Winner may be required to present a copy of a valid social security card and a valid driver’s license or government-issued photo ID as a condition of participating or receiving any prize; and 3) Winner will be issued a 1099 form reflecting the value of the grand prize award and is responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Potential Winners who submit their completed Paperwork per the provided instructions will be designated as a winner (each a “Winner”).
Grand Prize Award (maximum 5 Winners): Each Winner shall be awarded a trip for the Winner and one (1) guest, age 21 or older, to a destination as solely determined and designated by Sponsor (“Destination”), not to exceed an approximate retail value (“ARV”) of $12,000, and includes:
- IF NECCESARY, round-trip coach class airfare for two (winner and one guest age 21 or older) from the nearest major metro airport to the winner’s home as designated by Sponsor to the Sponsor designated airport at Destination.
- Actual departure date, times and airline based upon availability and will be solely determined and designated by Sponsor;
- If the winner resides within 250 miles of the Destination, Sponsor reserves the right to provide ground transportation in lieu of air transportation (i.e. – train or car)
- Five (5)-nights standard hotel accommodations (one (1) room, double occupancy) at a standard hotel as solely designated by Sponsor at Destination (based upon availability);
- Arrival and departure dates as solely determined and designated by Sponsor, based upon availability;
- One (1) gift card in a Sponsor designated amount (but no less than $1,000) to be used by Winner towards meals, incidentals and/or spending money. Gift card provider as solely determined and designated by Sponsor and subject to the terms and conditions, including any expiration, of the issuing gift card provider.
Travel arrangements will be provided by the Contest Administrator and must be made a minimum of thirty (30) days prior to traveling. Travel must conclude within one (1) year from the date of prize acceptance. Total ARV of all available prize awards: $60,000.
Note: No alcoholic beverage is part of prize. Actual departure date, times and mode of transportation is based upon availability and will be solely determined by Sponsor.
Each Winner and guest agree to comply with all applicable airline, hotel, and travel provider regulations in connection with the prize. Winner and guest shall be solely responsible for their behavior while traveling, must follow the instructions and direction from any travel provider or associated staff or security. If Winner or any guest violates the standards of the travel provider, behaves in an inappropriate, irresponsible, or offensive manner, or is deemed by staff or security to have violated any rule, regulation or policy of the travel provider, or to be a security threat in any manner, the winner and guest shall be ejected or denied entry, and shall immediately forfeit the remaining prize award.
Winner must accept delivery of prize in the method as solely determined and designated by Sponsor. Prize shall be shipped or delivered only to the designated winner residential address as submitted during initial online registration and/or as provided during winner notification, via the carrier as determined and designated by Sponsor (i.e. UPS, USPS or other Sponsor designated carrier), or as otherwise specified by Sponsor, such as electronic delivery.
All ground transportation including airport and hotel transfers, parking, meals, gratuities, checked baggage fees, airline seat assignment fees, hotel resort fees, incidental expenses, applicable taxes (including, but not limited to all local, state and federal taxes) and any other expenses not specified herein as being included in the grand prize award are the sole responsibility of winner. Sponsor is not responsible for late, lost, damaged or stolen luggage. It is recommended that each Winner and travel companion obtain sufficient personal insurance prior to departure. Winner and travel companion hereby release Sponsor from any duty to provide, check, or verify any and all necessary ID’s, passports, visas and tourist cards, birth certificates, vaccination certificates, and any other travel requirements (“Personal Documents”). Sponsor shall not have any responsibility for the replacement of lost or stolen Personal Documents or tickets, coupons, vouchers, receipts or other documents pertaining to the prize (“Travel Documents”) once the Travel Documents have been provided to winner and travel companion.
Sponsor is not responsible for any travel delays, flight delays or cancellations or travel difficulty related to prize award, redemption or use. If travel delays or difficulty prevent arrival in time for any and all elements of trip or prize award, Sponsor is not responsible for awarding any compensation in lieu thereof. Each Winner and his/her guest must travel together on the same itinerary. Any changes to completed travel arrangements, once booked, are the sole responsibility of the Winner, and are solely at the Winner’s expense. Actual value of the trip will depend on point of departure, destination and any airfare fluctuations. If actual value of prize is lower than the stated ARV of the prize award when it is procured and fulfilled, then the difference will not be awarded to the winner. Each Winner and their travel companion are solely responsible for all costs incurred to and from the nearest major airport to the winner’s home as designated by Sponsor as the prize originates and terminates at such departure point unless otherwise agreed to by Sponsor in writing.
Winner and guest shall be subject to any qualifying conditions prior to and during travel, including any local, state or federal government regulations in the departure or destination location, airline and/or hotel requirements including any regulation or policy related to COVID-19 testing requirements or vaccination status. Any testing requirements, vaccination and/or any related quarantine requirements and expenses are the sole responsibility of, and at the sole expense of Winner and guest. Winner and guest are subject to vaccination requirement and policy, and if unable or unwilling to comply with requirements, then all related prize award elements for which they fail to meet shall be forfeit.
Privacy and Text Information: Entrants will be contacted using the phone number and/or email address provided during the Contest Period. Email addresses may be stored if supplied, and entrants may receive email correspondence from, or on behalf of Sponsor subject to Sponsor’s privacy policy. Sponsor uses commercially reasonable efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Entrant understands that he or she is providing their information to Sponsor. By entering the Contest, each entrant acknowledges that his or her first and last name and hometown may be announced online, including on Sponsor’s social media channels. Except where prohibited, acceptance of any and all prizes constitutes consent by the winner to use of his/her name, voice, picture, likeness and biographical data for advertising and promotional purposes without any additional compensation. Each Entrant further hereby acknowledges and agrees that if he or she is chosen as a Winner for any prize, certain aspects of his or her identifying information may be disclosed to third parties (at least as required by law), including, without limitation, on an online page listing prize winner(s). Information collected from Entrant will be treated by Sponsor in accordance with Sponsor’s privacy policy, available at http://www.deutschfamily.com/privacy-policy, and with due regard to Entrant’s privacy. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Contest. Entrants’ information will be hosted in the United States.
If you provided your mobile number during the Entry Period and agreed to the terms listed, you are authorizing Sponsor to deliver automated SMS messages to you about the Contest. You are not required to provide a number as a condition of purchasing any item or receiving any offers. Standard message rates may apply. You may opt out of receiving future text messages by replying REMOVE to any message you receive (this will generate a confirmation email noting we have received your request). If you chose not to receive automated SMS messages to your mobile device, you will receive the same notifications via mail or via email through an automated email system. Sponsor and its agents are not responsible for text message entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of such entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Network service for transmission of text messages/entries may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Sponsor assumes no responsibility for message/entry delivery or timeliness of messages/entries, or for the availability of messaging or general phone services at all times.
Additional Terms and Conditions: If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winner from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.
No transfer or substitution of prize (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event that advertised prize (or portion thereof) is unavailable. Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for prize; however, the cash alternative may be less than the stated ARV of the prize. All federal, state and local income taxes on the prize are Winner’s sole responsibility. Winner will be issued an IRS Form 1099 for the value of his/her prize. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST AND THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES.
Releases: By entering or accepting the prize (if awarded to him/her), Entrant agrees to indemnify, release, defend and hold harmless the Sponsor, its parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Contest, including but not limited to, Winner’s Contest entry; use of Winner’s name, likeness, biographical information, signature, image or likeness; Winer’s receipt, possession, acceptance, use and/or misuse or inability to use any prize or part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Warranty Disclaimer: By accepting the prize, winner acknowledges that Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
Limitations of Liability: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest (including but not limited to causes of action concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Contest) or any prize shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest to New York City, New York; (b) the seat of the arbitration shall be New York State; (c) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (d) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees or other legal costs, other than Entrant's actual reasonable out-of-pocket costs expenses (i.e. costs associated with participating in this Contest) and Entrant further waives all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, 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 State of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York.
Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Construction: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
Odds: Odds of being selected as a Winner are dependent upon the total number of eligible entries received from all entry methods combined, the skill of the contestant in the creation of their submission, and the decisions of Judges.
Official Rules & Winner List: For a copy of these Official Rules, or the name of the prize winner, send a self-addressed stamped envelope to be received by 7/1/2024 to: Josh Cellars Call Your Mom Contest, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting, official rules or winner list.
Sponsor: This Contest is sponsored by Deutsch Family Wine & Spirits, 201 Tresser Blvd, Ste 500, Stamford, CT, 06901.
Contest Administrator: The Contest is administered by Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.
©2024 Josh Cellars. www.joshcellars.com. Please enjoy responsibly.