Beaujolais Nouveau First Wine of the Harvest Sweepstakes

Rules

BEAUJOLAIS NOUVEAU “FIRST WINE OF THE HARVEST” SWEEPSTAKES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET & VALID EMAIL ADDRESS REQUIRED. SWEEPSTAKES BEGINS AT 12:00:01 AM PACIFIC TIME (“PT”) ON NOVEMBER 17, 2022 AND ENTRY PERIOD ENDS AT 11:59:59 PM PT ON DECEMBER 31, 2022. OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS U.S. STATES AND D.C. VOID IN ALASKA, ALABAMA, HAWAII, NEW JERSEY, PUERTO RICO, THE VIRGIN ISLANDS, U.S. MILITARY INSTALLATIONS IN FOREIGN COUNTRIES, ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED. ONLY, 21+. LIMIT 1 ENTRY PER PERSON. PRIZES: TWENTY (20) BEAUJOLAIS NOUVEAU SWAG BAGS (ARV $100 EA) ARV OF ALL PRIZES = $2,000. FOR FULL OFFICIAL RULES, HOW TO ENTER AND PRIZE DESCRIPTION, VISIT WWW.FIRSTWINEOFTHEHARVEST.COM. SPONSOR: QUINTESSENTIAL, LLC, NAPA, CA.

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. DECLARATION OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT IS REQUIRED.

DESCRIPTION, ELIGIBILITY AND SPONSOR: The BEAUJOLAIS NOUVEAU “FIRST WINE OF THE HARVEST” SWEEPSTAKES (the “Sweepstakes”) begins at 12:00:01 a.m. Pacific Time (“PT”) on November 17, 2022, and ends at 11:59:59 p.m. PT on December 31, 2022 (the “Sweepstakes Period”). The Sweepstakes is sponsored by Quintessential, LLC, 1310 2nd Street, Napa CA 94558 (the “Sponsor”) and administered by Beverage Promotions, 20280 N. 59th Ave. Ste. 115-550, Glendale AZ 85308 (“Administrator”).

ELIGIBILITY: The Sweepstakes is open to legal residents of the 48 contiguous United States and D.C. who are at least 21 years of age or older as of the start of the Sweepstakes Period. No purchase is required to enter or win the Sweepstakes and a purchase will not increase your chances of winning. No more than one (1) entry per natural person/email address. Limit one (1) prize per natural person per email address. Void in Alabama, Alaska, Hawaii, New Jersey, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and where prohibited. Employees and officers of the Sponsor, Administrator, and their respective parent companies and subsidiaries, advertising and promotion agencies and all other persons or entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of the Sweepstakes, and their immediate families (i.e., spouse, parent, child, sibling and their respective spouse) and persons living in the same household of each are ineligible to participate in or win the Sweepstakes. Alcoholic beverage industry members and employees are also ineligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, enter online by visiting www.FirstWineoftheHarvest.com (the “Website”) and following the instructions on the Website. There, you will be prompted to submit your first and last name, email address, city and state of residence, and to enter your “Promo Code.” Promo Codes can be obtained on corks inside of specially marked packages of Beaujolais Nouveau wine, where permitted by law, or by visiting the Website to get your free Promo Code. CA residents can enter by scanning a QR code on specially marked packages or by obtaining a Promo Code at the Website. Successful submission of your completed entry form and Promo Code shall constitute an “Entry.” Limit of up to one (1) Entry per person/email address. Participants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter in excess of the stated number of entries or as multiple entrants. Any participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter in excess of the number of entries allowed, will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Only online entries submitted through the Website will be accepted for the Sweepstakes.

DRAWING AND NOTIFICATION:
There are a total of twenty (20) random, computer generated winning Promo Codes and each Entrant that submits one of the twenty winning Promo Codes will be a potential instant winner (“Instant Prize Winners”)

Odds of winning a prize will depend on the total number of eligible entries received. Potential Instant Prize Winners will be notified immediately after entering a winning Promo Code. The potential Grand Prize Winner will be notified by email. All potential Winners will be required to respond (as directed) within seventy-two (72) hours and to return a Sweepstakes Affidavit of Eligibility and Compliance, Publicity Consent and Release (“Release”) and provide any other document Sponsor may require, within a specified time. Sponsor is not responsible for any change to an entrant’s mailing address, email address and/or telephone number. Except where prohibited by law, the Release will state that the Grand Prize Winner agrees to allow Sponsor to use (without additional compensation) his or her name, city and state, and/or biographical information for purposes of advertising and promotion (including, without limitation, posting on Sponsor’s website(s) and affiliated website(s)). The prize Winners may also be required to provide proof of age, social security number, current address and phone number. A failure to timely return a signed Release or other required documentation will result in forfeiture of the prize. The return of a prize notification as undeliverable or a potential prize Winner becoming disqualified for any reason will also result in forfeiture of the entire prize. Federal and state income taxes may apply and are the sole responsibility of the prize Winners, regardless of whether the prize is used in whole or in part. No assignment, transfer, cash redemption, or substitution of any prize is permitted, but Sponsor reserves the right to substitute any part of the prize for something of comparable or greater value should any or all of the Instant Prizes or Grand Prize become impracticable to award or unavailable for any reason. Non-compliance with these Official Rules may result in disqualification and selection of an alternate Grand Prize Winner from among the remaining eligible entries. If an Instant Prize Winner is disqualified, that prize will not be awarded. An alternate Grand Prize Winner will be required to respond (as directed) within seventy-two (72) hours and return a Release within a specified time. If a Grand Prize Winner, including alternates as described under “Drawing and Notification” cannot be certified by February 15, 2021, then the Grand Prize will not be awarded.

THE SWEEPSTAKES PRIZES:

Twenty (20) Instant Prizes: an assortment of Beaujolais Nouveau branded items selected by Sponsor, such as a wine key, tie, scarf, poster, apron, etc. Actual contents to be determined by Sponsor and may vary in Sponsor’s sole discretion.

Approximate Retail Value (“ARV”) of each Instant Prize = $100. ARV of all prizes = $2,000. ARV of all prizes is calculated as of the date of printing of these Official Rules. Any difference between stated approximate retail value and actual value of the Instant Prizes will not be awarded.

PRIZE CONDITIONS: The prizes do not include alcoholic beverages. Sponsor reserves the right to make all selections regarding the contents of the prizes. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Any and all costs and expenses not specifically listed as included in the Prize herein are the sole responsibility of the Prize Winner. Neither Sponsor nor any of its prize suppliers will replace any lost or stolen Prize or any component thereof once delivered to the Winner.

PRIVACY POLICY AND TERMS AND CONDITIONS OF USE: BY ENTERING THE SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES THAT HIS OR HER FIRST AND LAST NAME AND HOMETOWN MAY BE ANNOUNCED ONLINE. EACH ENTRANT FURTHER HEREBY ACKNOWLEDGES AND AGREES THAT: (i) THE ENTRANT HAS OPTED INTO SPONSOR’S TERMS AND CONDITIONS OF USE LOCATED AT www.quintessentialwines.com AND SPONSOR’S PRIVACY POLICY LOCATED AT www.quintessentialwines.com AND (ii) BY OPTING INTO SPONSOR’S TERMS AND CONDITIONS OF USE AND PRIVACY POLICY, THE ENTRANT HAS READ AND CONSENTS TO SPONSOR’S TERMS AND CONDITIONS OF USE AND PRIVACY POLICY. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE OR SHE IS CHOSEN AS A WINNER FOR ANY PRIZE GIVEN FOR THE SWEEPSTAKES, CERTAIN 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). TO THE EXTENT THE TERMS AND CONDITIONS OF USE OF SPONSOR AND THESE OFFICIAL RULES CONFLICT, THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES SHALL PREVAIL.

LIMITATIONS OF LIABILITY: The Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete, illegible or indecipherable entries due to, among other things, system errors or failures or otherwise, or faulty transmissions or other telecommunications malfunctions, bugs and/or problems; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur or be encountered by entrants in the entry process, or by the Sponsor in the administration of the Sweepstakes or the processing of entries, including computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; or (f) any injury or damage to persons or property (including death) which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Sweepstakes or receipt or use of any prize. Sponsor may disqualify or prohibit an entrant from participating in the Sweepstakes or receiving any prize if, in Sponsor’s sole discretion, Sponsor determines or suspects that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs, or creating aliases to register more than once) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper, safe and fair conduct of the Sweepstakes, including epidemic or pandemic, then Sponsor reserves the right, exercisable at any time in Sponsor’s sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes. In the event of cancellation, Sponsor may randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR’S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR’S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

LIABILITY RELEASE: As a condition of entering, each entrant agrees (and agrees to confirm in writing) as follows: (a) to release the Sponsor, Administrator, and their respective affiliates, parent corporations, subsidiaries, sales representatives, distributors and advertising and promotional agencies, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto; (b) under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resorting to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

CHOICE OF LAW: By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by laws of the State of California, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, entrants consent to the jurisdiction and venue of the federal, state and local courts located in San Francisco, California.

FORCE MAJEURE: In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, tsunami, earthquake, explosion, labor dispute, or strike, epidemic or pandemic, or other act of God or public enemy, or any federal, state or local government law, order, or regulation, or any tampering or interference by an individual or entity causing disruption to the operation of the Sweepstakes or Website, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the applicable Sweepstakes Period, Sponsor will (if possible) select the winners from all eligible, non-suspect Sweepstakes Entries received as of the date of the Force Majeure event giving rise to the termination. If the force majeure event makes it unsafe to award the prizes within the prescribed time frame in these Official Rules, in Sponsor’s sole discretion, Sponsor may cancel the Sweepstakes and not award the prizes.

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.

WINNERS’ LIST / OFFICIAL RULES: To obtain a copy of the winner’s list for the Sweepstakes, (after February 28, 2023) send a self-addressed stamped envelope to the Beaujolais Nouveau First Wine of the Harvest Sweepstakes, c/o Beverage Promotions, 20280 N. 59th Ave., Ste 115-550, Glendale, AZ 85308. All such requests must be received no later than March 30, 2023. These Official Rules and the winners will be posted on the Website. Questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.