Love Deliciously Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. GRAND PRIZE DOES NOT INCLUDE BEVERAGE ALCOHOL.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Pinterest™, Allison Hotchkiss or Elizabeth Messina. You understand that you are entering a sweepstakes sponsored by Cupcake Vineyards (“Sponsor”) and not by Pinterest.
- Sponsor: Cupcake Vineyards, 4596 Tesla Road Livermore, CA 94550.
- Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001.
- Eligibility: The “Love Deliciously” Contest (“Promotion”) is open only to legal residents of the United States who are 21 years of age or older at time of entry. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win any prize. Employees, officers, directors of alcohol beverage licensees (including but not limited to alcohol beverage retailers and alcohol beverage wholesalers), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win any prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Void where prohibited or restricted by law.
- Promotion Schedule: The entry period begins on or about 12:00:01 a.m. Eastern Time (“ET”) on 2/1/2013 and ends at 11:59:59 p.m. ET on 4/30/2013 (“Entry Period”). All online entries must be received and recorded by Sponsor’s computer by 11:59:59pm on 4/30/2013 to be eligible to win. Sponsor’s computer is the official clock for the Promotion. No entries will be accepted after this time.
- Promotion Entry: To enter, go to the official Cupcake Vineyards contest promotion page, www.CupcakeDreamWedding.com and fill in the required entry information.
Step 2 (Create a new Pinterest Board): Go to Cupcake Vineyards page on Pinterest (pinterest.com/cupcakevineyard (the “Pinterest Page”) and click on the “Follow All” button. From your own account, create a new Pinterest board titled “Cupcake Dream Wedding” which represents what you think it means to “Love Deliciously” and incorporates images that serve as inspiration for your dream wedding. Entrants must submit original photos or if utilizing the work of others, entrant must provide credit to the author or creator of the copied work in compliance with Pinterest’s Terms of Service. Entrant must pin at least one (1) image of Cupcake Vineyards wine and one (1) image from the Cupcake Vineyards’ wedding site (www.cupcakeweddings.com) to their Cupcake Dream Wedding Pinterest board in order to be eligible to win. Entrant must include at least eight (8) but not more than twenty (20) additional pins demonstrating details of the entrant’s upcoming wedding or other images which serve as a point of inspiration for the entrant. Categories of additional images could include, but are not limited to, the following: wedding food and drinks, wedding flowers and décor, wedding invitations, wedding venues, wedding dresses and related attire, wedding hair and makeup, wedding party, and honeymoon destinations. Entrant should also upload a picture of himself/herself with his/her spouse-to-be. If other persons appear in photo, entrant must have their written consent. Other persons in photo must also be 21 years of age or older.
After the board has been created, include the following hash-tag in the board’s pins: #CupcakeDreamWedding.
The final step is to enter your board in the contest by including the URL link in the official contest entry form, which can be found at www.CupcakeDreamWedding.com.
Send your entry by clicking the submit button on the Promotion page. Without the URL link, the entry will be deemed incomplete and will be disqualified. Limit one (1) Promotion entry per person. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked; use of automated entry devices or programs is prohibited. All entries must be received by 11:59:59 pm ET on 4/30/2013.
Once submitted, boards cannot be modified by entrant.
Entrant further warrants and represents that he/she has fully complied with these Official Rules and that his/her photo and images on his/her Cupcake Dream Wedding Pinterest board: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy; (3) is not defamatory, slanderous, libelous, scandalous or obscene; (6) does not contain any virus, bugs, or other deleterious material; (7) does not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor*); (9) does not contain any brand that is competitive to Cupcake Vineyards.
Submissions may not (and Sponsor and Administrator reserve the right to disqualify any photos that do): 1) include nudity or what Sponsor, in its sole discretion, considers to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech or drug usage; 2) disparage Sponsor or any other party, including brands or trademarks other than those of Sponsor (this includes but is not limited to the brands/trademarks of Sponsor’s competitors); 3) depict acts of violence or aggression; 4) advocate illegal conduct of any kind. If a board and/or contents of the board are unable to be viewed by Administrator for any reason whatsoever, that board (as well as the entry of which it is a part) shall be disqualified (and Released Parties, as defined below, will not be responsible or liable for any such inability).
By entering, entrant agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from the publishing of his/her board and/or use of the images within the board.
*Sponsor grants to entrants the limited, non-transferable right to use its trademarks solely for purposes of participating in this Promotion; such right will expire at the end of the Promotion. Any other use of Sponsor’s trademarks will be considered a violation of Sponsor’s intellectual property rights.
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation (including failure of one or more governmental entities to timely approve Promotion in accordance with applicable alcohol beverage regulations) or any other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Promotion (including but not limited to terminating/suspending the Promotion in one or more jurisdictions). In such event, Sponsor reserves the right to conduct the Promotion and award the Grand Prize in the Contest in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Promotion will be posted on the website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Promotion.
Entrants further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
- Judging: At the conclusion of the Entry Period, a panel, consisting of designated representatives of Sponsor, will select one (1) winning entry from among all eligible entries received. Judging will be based on the following criteria: How well the couple and their wedding board represent the Cupcake Vineyards’ brand promise of “Love Deliciously” (25%); how fun and creative the entry is (25%); how original is the entry is (25%); and how meaningful is the entry is (25%). The entry that receives the highest overall score will win. In the event of a tie, the entry from among all such tied entries with the higher/highest score in the category of how well the couple and their wedding board represent the Cupcake Vineyards’ brand promise of “Love Deliciously” will be deemed the winning entry. The judging will be conducted on or about 5/15/2013.
If your board is selected as the winning entry, you understand and agree that your name, the name of your fiancée, photo(s), Pinterest board, and other information provided in association with your sweepstakes entry may be posted on the website and/or social media website(s) of the Sponsor (at their sole discretion) and if it is posted, the photo(s) as displayed on any website may differ from the photo(s) as contained in the file attachment you submitted as part of your entry due to technological malfunction/error/defect/limitations and/or modifications made at the sole discretion of the Sponsor; and, you release and agree to hold harmless Sponsor and their agencies from any liability related thereto.
- Contest Prize, Approximate Retail Value (“ARV”):
- Grand Prize (1 winner):
- Complete wedding coordination by Alison Hotchkiss: 2 visits, including wedding day.
- Celebrity wedding photographer, Elizabeth Messina to photograph wedding
- Cash, in the form of a check to the winner, to support wedding costs: $5,000
Approximate Retail Value of the Prize is $67,000.00. Actual value dependent on the location of the winner’s home and wedding venue.
Consultation location and wedding venue location must be located within the United States of America. The wedding must take place before April 30, 2014.
If the winner or his/her fiancée decide not to get married and/or decide to postpone the wedding until sometime after April 30, 2014, Sponsor has the right to award the Grand Prize to another entry (time permitting) as determined by Sponsor at Sponsor’s sole discretion.
Use of third party trademarks are for purpose of prize description only and such use is not intended to suggest or imply sponsorship, endorsement, or the approval of this Promotion. Winner is solely responsible for all other expenses related to the Grand Prize not specified herein. No substitution or transfer of Grand Prize except with Sponsor’s written permission or where required by law. If for any reason announced Grand Prize becomes unavailable, Sponsor in its sole discretion may award a substitute Grand Prize of equal or greater value. Grand Prize will only be delivered to address within the United States. Federal, state and local taxes, are the sole responsibility of the winner, who will receive a 1099 tax form reflecting actual value of Grand Prize.
Potential Grand Prize winner will be notified by mail and/or e-mail. Failure to respond to the initial verification e-mail within three (3) business days after notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. Potential Grand Prize winner will be required to sign and return within five (5) business days an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release (or any other required documents) are not returned to Sponsor within specified time period, potential winner will be disqualified and an alternate winner selected from all remaining eligible entries received. The alternate winner is the entrant with next highest scoring entry. In the event of any dispute concerning the identity of any online entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Winner gives permission to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post entrant’s and fiancé’s photo, name, voice, likeness and all other information about the entrant and fiancée contained on the World Wide Web, and in any other media, and to otherwise use entrant’s and fiancé’s photo, name, likeness and all other information about the entrant and fiancé without compensation in accordance with the requirements of this Promotion and the advertising, promotion, and publicity of the Promotion, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). This includes the right of Sponsor to use materials (written, photo, video, audio, etc.) developed during any consultation session with Allison Hotchkiss and/or Elizabeth Messina. This also includes the right to use materials (written, photographic, video, audio, etc.) developed during the winner’s wedding ceremony and related events including, but not limited to, rehearsal dinners, wedding preparations, and wedding reception. Such Grant of Rights will be confirmed by winner upon Sponsor’s request and winner agrees to sign any and all necessary confirming documents without compensation of any kind (other than the prize).
- General Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.Acceptance of prize constitutes prize winner’s permission for Sponsor, Administrator and their respective successors, representatives and assigns to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winner’s list without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
- Limitation of Liability: By participating in this Promotion, entrants agree to release and hold harmless Sponsor, Administrator, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, shareholders, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) for: (1) 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 Promotion; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of prize. No more than the prizes stated above will be awarded.
- Disputes: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or an appropriate California State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winner’s List: For the name of the Grand Prize winner, mail a self-addressed, stamped envelope to: “Cupcake Vineyards Love Deliciously Contest Winner”, c/o LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001, for receipt no later than 8/1/2013.