Oberon Hot Air Balloon Sweepstakes
THERE IS NO PURCHASE NECESSARY TO ENTER OR TO WIN. PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF OH, TX, CA, AZ, AK, NC, NJ, FL, HI, NV, OR, WI, MT, SC, CT, VA, OK, AR, LA, NM, KS, WY, NH, IN, WA WHO ARE AT LEAST 21 YEARS OF AGE, AND WHO HAVE BECOME REGISTERED USERS OF THE PROMOTION IN ACCORDANCE WITH THESE OFFICIAL RULES BEFORE THE END OF THE PROMOTION PERIOD. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1) PROGRAM DESCRIPTION: The Oberon Hot Air Balloon Sweepstakes (the "Promotion") is a game of chance. Participants can choose to enter the Promotion by completing the promotion entry form (the “Entry Form”) online at Oberonwines.com/sweepstakes (the “Promotion Site”), or by mail-in-entry, or by Instagram @Oberon_wines, or by using QR code to enter on-line. Limit one (1) Promotion Entry per person/e-mail address during the course of the Promotion Period. There is no purchase necessary to enter or to win. By entering, you agree to these Official Rules.
2) SPONSOR: The “Sponsor” of this Promotion is Oberon Wines, 550 Gateway Drive, Suite #220, Napa, CA, 94558.
3) PROGRAM TIMING: The Promotion begins May 1, 2023, on or about 9:00:01 AM Pacific Standard Time ("PST"), and ends August 30, 2023, on or about 9:00:01 PM PST ("Promotion Period"). All dates and times below refer to PST. The Sponsor’s computer is the official timekeeping device for the Promotion.
|Sweepstakes Promotion Period||9:00 AM on 5/1/23||9:00 PM on 8/30/23|
|Selection of Sweepstakes Prize Winners||9:00 AM on 9/1/23||9:00 PM on 9/1/23|
|Prize Winner Notification & Clearance||9:00 AM on 9/2/23||9:00 PM on 9/14/23|
4) PROGRAM REGISTRATION/ENTRY: To register for the promotion, access the promotion the Entry Form online at the Promotion Site or by mail-in-entry handwritten on a 3x5 card and mailed to Sponsor, during the Promotion Period. Any entries received after the Promotion Period will be void. Entrants will be directed to the on-line entries through Facebook and Instagram posts and advertisements. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. All entrants (each, an “Entrant”) will be required to complete and submit a registration form upon entry. To become a "Registered User" complete all of the required fields on the Entry Form, including; First and Last Name, E-mail Address, Phone Number and verify that they are at least twenty-one (21) years of age. The Entry Form will require the Entrant to indicate that they have read, accept and agree to be bound by these Official Rules and the decisions of the Sponsor as final and binding in all matters relating to this Promotion. If submitting a mail-in entry, the Entrants must provide their own 3x5 card and handwrite, clearly and legibly, their first and last name, e-mail address, phone number, and certify that they are at least twenty (21) years of age. The mail-in entry must be mailed to the Sponsor at the address given above and must be received (not postmarked) before the end of the Promotion Period. Illegible mail-in entries will be void. By submitting a mail-in entry, the Entrants agree that they have read, accepted, and agreed to be bound by these Official Rules and the decisions of the Sponsor as final and binding in all matters relating to this Promotion. The Sponsor in its sole discretion, reserves the right to request written proof of these permissions and in the event that the Entrant is unable to produce the requested documents, the entry will be deemed disqualified. Any entries not submitted in accordance with the instructions provided on the Promotion Site (which shall be incorporated herein by reference) and the terms and conditions herewith, shall not be considered for the Promotion, and the Promotion Entities shall not bear any responsibility for any such incorrect/incomplete entries. The Promotion Entities assume no responsibility for lost, late, illegible, garbled or misdirected entry materials, or for any computer, online, telephone, human, or other error or for any technical or other malfunctions that may occur. No mechanically reproduced, illegible, incoherent, unusable, or incomplete entries will be accepted. All information is collected in the United States of America. Promotion Entities are not responsible for typographical errors or any other errors in entries submitted. Entries not complying with all rules are subject to disqualification.
5) PROMOTION ENTRY LIMITATIONS: A Registered User for the Promotion will obtain one (1) Promotion Entry upon completion and submission of their entry. Limit one (1) Promotion Entry per person/e-mail address during the entire Promotion Period noted below. Entrants may only use one (1) e-mail address to enter this Promotion. A “Promotion Entry” is made up of an Entry Form, on-line or by mail, which meets all of the requirements stated in these Official Rules.
6) PROGRAM ELIGIBILITY: The Promotion is open only to legal residents of OH, TX, CA, AZ, AK, NC, NJ, FL, HI, NV, OR, WI, MT, SC, CT, VA, OK, AR, LA, NM, KS, WY, NH, IN, WA and who are 21 years of age or older. Void where prohibited or restricted by law: AL, CO, GA, ID, IL, KY, IN, IA, MD, MA, MI, MN, MO, MS, OK, RI, SD, VT, WY. Employees of Sponsor, Folio Fine Wine Partners (“Folio”), advertising and promotional agencies involved in the promotion (the "Administrator", and together with Sponsor and Folio, the “Promotion Entities”), state alcohol beverage commissions, alcoholic beverage manufacturers, distributors, and retailers, and their respective parent companies, subsidiaries, and affiliates, and their immediate family members (spouse, parent, sibling, and children) or members of the same household of any of the foregoing are not eligible to participate. All applicable federal, state, and local laws and regulations apply.
7) WINNER SELECTION; PRIZE WINNER NOTIFICATION PROCESS: Winners will be selected after the Promotion Period via random drawings by an authorized representative of Sponsor. Odds of winning are dependent upon the number of eligible entries received. The winners will be notified by e-mail and telephone and may be required to execute and return an Affidavit of Eligibility, Liability Release, Publicity Release (where legal), and any other documents as may be required by applicable federal, state, and local laws and regulations, within three (3) days following issuance of notification. Non-compliance within this time period or return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner (time permitting). If in the Sponsor's sole discretion, it is determined that any Promotion Entry has not complied with these Official Rules; Sponsor is unable to contact a selected Entrant within a reasonable time period; a selected Entrant has failed to properly execute and return any required documents within the specified time period; or has made false statements or notification is returned as undeliverable; then such Promotion Entry will be disqualified. If any Entrant is disqualified for any reason, at Sponsor's discretion, another Entrant may be randomly drawn and/or issued the applicable prize (time permitting). Sponsor's decisions are final and binding on all matters relating to this Promotion. Should a potential prize winner decide to decline the prize for any reason whatsoever, Sponsor shall have no further obligation to that potential winner, and an alternate potential winner may be selected, time permitting. The Sponsor shall have no liability for the winner’s failure to receive notices due to spam, junk e-mail or other security settings or for the winner’s provision of incorrect or otherwise non-functioning contact information.
8) PRIZE AND PRIZE RESTRICTIONS: There will be five (5) winners of the Promotion. Each prize consists of tickets for two people to ride a hot air balloon using a local vendor, with a value of up to $600. Sponsor will assist in redemption and reservation of the prize between hot air balloon vendor(s) and winner(s). Sponsor reserves the right to substitute a prize of equal or greater value if entire prize or a portion of the advertised prize is unavailable for any reason. No barter, transfer, or assignment of any prize permitted, except by Sponsor at its sole discretion. Additional restrictions may apply and all terms and conditions of the prizes offered will be furnished at the time of prize notification and/or award. Prize will be awarded provided a sufficient number of qualified eligible entries are received. The Promotion Entities and their parents, affiliates, subsidiaries, officers, directors, employees, agents and representatives disclaim any and all representations and warranties, express or implied, in fact or in law, in connection with the prize. By claiming a prize, winner agrees to accept the prize “as is” and assume all risks associated with acceptance of any prize and agrees that the prize is awarded upon the condition that each of the Promotion Entities will have no liability whatsoever for any injuries, losses, death, damage to or loss of property, or other damages of any kind caused by the prize or resulting from acceptance, or use/misuse of the prize or from winner's participation in the Promotion. By claiming a prize, Winner agrees to assume all risks associated with acceptance of any prize and agrees that the prize is awarded upon the condition that each of the Promotion Entities will have no liability whatsoever for any injuries, losses, death, damage to or loss of property, or other damages of any kind caused by the prize or resulting from acceptance, possession, or use/misuse of the prize or from winners' participation in the Promotion. The Sponsor may report, as required by applicable statute or regulation, the value of the prizes and the identity of the winners to appropriate taxing authorities.
9) LIMITATION OF LIABILITY; USE OF INFORMATION IN ENTRIES: By entering, participants release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotions agencies, prize suppliers, and all of their employees, officers, directors, shareholder's and agents (collectively, "Released Parties") from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Promotion, the use of any Promotion Entry, or the acceptance or use of any prize won. By submitting an Entry Form, each Entrant represents and warrants that it is wholly original to her/him, she/he owns all right, title and interest in and to the Promotion Entry, that she/he has committed no fraud or deception in connection with such Promotion Entry, and that she/he has the sole and exclusive right to grant, transfer and assign all rights in and to such entry to the Sponsor. In exchange for the opportunity to participate in the Promotion, and without any further compensation, each Entrant assigns all rights, title and interest in and to his or her Promotion Entry, including, without limitation, any and all copyrights and moral rights therein to the Sponsor and acknowledges and agrees that, upon submission of such Promotion Entry, the Entrant has no further right to the Promotion Entry and Sponsor and its assignees shall have the perpetual, royalty-free, worldwide and irrevocable right to use, alter, edit, copy, reproduce, publish, disclose, display, distribute, prepare derivative works from, perform, exhibit, or otherwise exploit (each, without limitation, a "Use") such Promotion Entry, or otherwise assign or transfer such rights, in whole or in part, whether in connection with the Promotion or not, in any form, media or technology, now known or hereafter developed, including, without limitation, in promotional or other publications, broadcast or cable television, radio, mobile or other wireless transmission, satellite transmission, and the Internet, for any purpose whatsoever, including, without limitation, advertising, promotion, marketing, publicity, or any other purpose sponsored by any of them and/or their respective agents, affiliates, and/or subsidiaries without any payment to, or authorization by, the Entrant. Without limitation of the foregoing, each Entrant further assigns to the Sponsor all rights in and to such Promotion Entry and any claim of copyright, mark, dress, or other intellectual property or other rights, royalties, commission or any payment whatsoever in connection with the Use of such Promotion Entry; and agrees, without compensation, to permit Sponsor and its assignees to Use her/his name, state of residence, likeness and any and all other information ("Other Information") accompanying such Promotion Entry or provided to Sponsor after submission of such Promotion Entry, to the extent permitted by law. Each Entrant agrees to indemnify and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of any breach of the foregoing representations or Use of such Promotion Entry and/or Other Information. To the extent that any Other Information may be subject to protection under copyright, mark, dress, or other intellectual laws or rights, by providing such Other Information each Entrant represents and warrants that such Other Information is original to her/him, that she/he has committed no fraud or deception in connection with such Other Information, and that she/he have the right to and does hereby assign all rights in and to such other Information to the Sponsor. No Entrants will receive any compensation or credit for use of Entries, other than that disclosed in these Official Rules. By entering this Promotion, each Entrant further agrees that (i) Entrant may not use or permit others to use his or her Promotion Entry without obtaining the prior written approval of Sponsor; (ii) Entrant will execute such further documents and instruments and take any further acts as the Sponsor may reasonably request in order to effectuate these terms. The Sponsor may license and assign to one or more third parties any and/or all of the rights (in whole and/or in part) granted to hereunder, and (iii) in no event will the Entrant have the right to terminate or rescind the grant of rights as set forth herein or to enjoin the distribution, advertising or exploitation of the Promotion Entry or any other information and/or any works based thereon or derived there from. Without limitation of the foregoing, the Entrant agrees, on the Entrant's behalf and on behalf of the Entrant's heirs, executors, administrators and assigns, not to institute, support, maintain or permit directly or indirectly any litigation or proceedings instituted or maintained on the ground that any Released Parties' (or its designees') exercise of the rights granted hereunder in any way constitutes an infringement or violation of any rental or lending right.
10) INTERNET: The use of any automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter repeatedly (as solely determined by Sponsor) is prohibited. If for any reason this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion, to disqualify any Promotion Entry or any individual who tampers with the Promotion Entry or voting process, and to cancel, terminate, modify or suspend the Promotion and select winners using all eligible, non-suspect entries and/or votes received as of the date of termination. Released Parties assume 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. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of 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 Entrant’s or any other person's computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 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.
11) JURISDICTION: The promotion is governed by the state of California in the United States of America. All disputes, claims and causes of action arising out of or related to this Promotion shall be resolved in the Superior Court of Napa County, California or the U.S. District Court of San Francisco, California.
13) WINNERS LIST & RULES: To receive a copy of the Winners List, available after 9/30/2023, mail a self-addressed stamped envelope (S.A.S.E. ) for receipt by 9/30/2023 to: Oberon Hot Air Balloon Sweepstakes Winners, c/o Folio Fine Wine Partners, 550 Gateway Drive, Suite #220, Napa, CA, 94558. Winner's name will not be released until winner has claimed the prize according to the terms of these Official Rules. To receive a copy of the full Official Rules send a S.A.S.E. by 9/30/23 to: Oberon Hot Air Balloon Sweepstakes Official Rules, c/o Folio Fine Wine Partners, 550 Gateway Drive, Suite #220, Napa, CA, 94558. Official Rules are also available at www.oberonwines.com/balloonrules. Vermont residents may omit return postage.