NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER TO ENTER. THIS CAMPAIGN IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, 21 (TWENTY-ONE) YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID IN AR, DE, MS, NJ, RI, UT AND WHERE PROHIBITED.
1. Eligibility: The ‘This Might Be a Stupid Wine Question’ Social Media Campaign (the “Campaign”) is open to: legal residents of the United States, who are at least 21 years of age or older, all at the time of entry. Employees, contractors, directors, officers, and agents of Nakedwines.com, Inc. (“Sponsor”), its parent company, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and all other service agencies involved with the Campaign, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such individual (whether or not related) are not eligible to enter or win. Employees, agents, and officers of alcohol beverage retailers and distributors and members of their immediate family are not eligible to enter or win.
This Campaign is subject to all applicable federal, state, and local laws and regulations and is void in AR, DE, MS, NJ, RI, UT and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Campaign. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Nakedwines.com, Inc., PO Box 2760, Napa, California, 94558.
3. Entry Period: The Campaign begins on February 27, 2024 at 12:01am Pacific Time (“PT”) and ends on March 31, 2024 at 11:59pm PT (the “Campaign Entry Period”). All entries must be received before the Campaign Entry Period end time/date to be valid.
4. How to Enter: During the Campaign Entry Period, log in to your Instagram or Facebook account (or go to https://www.instagram.com/accounts/emailsignup/ and create an Instagram account for free, which membership is subject to Instagram’s terms and conditions; or go to https://www.facebook.com/signup and create a Facebook account for free, which membership is subject to Facebook’s terms and conditions) and post a comment on one of Sponsor’s Instagram or Facebook (together, “Meta”) posts with your wine-related question to receive one (1) entry into the Campaign.
Individuals who do not follow all of the instructions, provide the required information, use the required hashtag(s) (if any), and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. As used herein, “Entry” (and/or “Entries”) refers to all content you submit in connection with the Campaign (including, but not limited to, photos, description, explanations, hashtags, tag names, etc.), if any. Sponsor reserves the right to remove any Entry that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant. All Entries must be in compliance with Meta’s format requirements. Entries must be in English. By submitting an Entry into the Campaign, you hereby warrant and represent that your Entry conforms to the Entry Requirements set forth herein.
Entry Requirements: By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
All Entries you submit must conform to the additional submission requirements set forth herein:
Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot be obscene or offensive, endorse any form of hate or hate group;
Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
Entry cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Sponsor’s brands/products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole discretion); and
Entry cannot depict, and cannot itself, be in violation of any law.
ENTRIES POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry submission requirements set forth herein in its reasonable discretion.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Campaign entry requirements prior to any drawing.
By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify a winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
5. Drawing: During the Campaign Entry Period, Sponsor may select up to thirty (30) winner(s) from among all eligible Entries received during the Campaign Entry Period. You can win up to two (2) times during the Campaign Entry Period. Sponsor’s decisions are final and binding in all aspects.
6. Winner Notification: Winner(s) will be notified via Instagram’s direct messaging or Facebook Messenger. Such winner will be required to respond to such notification within seven (7) days in order for Sponsor to capture winner’s name and email address. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. Allow 6-8 weeks for delivery of prize following completion of verification process.
7. Prize(s) (30): Each prize consists of a $50.00 credit for https://www.nakedwines.com/. Approximate Retail Value (“ARV”): $50.00 each. Total ARV of all prizes may be up to $1,500.00. ARV is as of date of printing of these Official Rules. The difference between any stated value and actual value will not be awarded to winner.
General prize terms (applicable to all prize pieces): Prize winners are required to create an account on Sponsor’s website (https://www.nakedwines.com/) in order to receive and redeem prize. You can win up to two (2) times during the Campaign Entry Period. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
8. Release: As a condition of entering, entrants agree (and agree to confirm in writing, if requested) that: (a) entrants will release Sponsor, Meta and each of their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (collectively, “Campaign Parties”), from any and all liability, loss, claim or damage, including, but not limited to, personal injury, death, or damage to or loss of property, incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) under no circumstances will any entrant have any right to, and entrant hereby knowingly and expressly waives all rights to, having damages multiplied or otherwise increased; (d) all causes of action arising out of or connected with this Campaign, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
9. Publicity: Except where prohibited by law, winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, social media handle, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
10. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Meta, or by any of the equipment or programming associated with or utilized in the Campaign or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Campaign, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Campaign, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the Instagram or Facebook website, or the operation of the Campaign or to be acting in violation of the Official Rules, the Meta terms, or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Campaign 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.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
11. Binding Arbitration: Any controversy or claim arising out of or relating to this Campaign shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CAMPAIGN IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CAMPAIGN, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 8, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
12. Governing Law & Jurisdiction: This Campaign and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Campaign Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Napa County, California.
13. Entrant’s Personal Information: Please see the privacy policy located at https://www.nakedwines.com/privacy-policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Campaign. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
14. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: Nakedwines.com, Attn: Roshni Gorur, 511 16th Street Mall, #510, Denver, CO 80202. Requests must be received by May 5, 2024.
The Campaign is in no way sponsored, endorsed or administered by, or associated with Meta. You are providing your information to the Campaign Sponsor, and not to Meta. Any questions, comments or complaints regarding this Campaign shall be directed to Sponsor and not to Meta.
