The WineStore | tastric – Sweepstake Rules (“Official Rules”)
No purchase necessary to enter or win. A purchase will not improve your change of winning. By entering, you agree to these official rules, which are a contract.
1. Sponsor.
The sponsor of the Sweepstake is M&M Wein- und Spirituosenhandel GmbH, Bad-Berneck-Str. 12, 81549 München, Germany (“Sponsor”). The sponsor is supported by a partner winery.
2. Eligibility.
This sweepstake (“Sweepstake”) is open to everyone, who is at least eighteen (18) years of age as of the date of entry. Employees of the Sponsor as well as of the wine farm, and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Sweepstake if any, and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void where prohibited.
3. How to Enter.
You may enter the Sweepstake by entering your details into the provided wineries’ iPad or by scanning a QR code on your phone and following the instructions. Upon completion of the necessary requirements (name, email address, country of origin, gender, wine preferences, wine pricing preferences), you will receive one (1) entry into the Sweepstake. By entering the Sweepstake, entrants fully and unconditionally agree to be bound by these rules. There is no purchase or payment of any kind necessary to participate in the Sweepstake. A purchase does not improve your chance of winning.
Limited to one (1) entry per person. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and the wine farm and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Winner Selection.
Winners will be selected by a third-party administrator in a random drawing (odds of winning: range from 1/25 to 1/100 depending on the visited winery). The results will be shown by the system right after the participant’s submission. This screen together with your email address must then be shown to your sales representative in order to collect your prize.
5. Prizes.
Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstake materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor or winery partner in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. All federal, state and local taxes are the sole responsibility of the winners.
6. Notification.
Winners will be notified right at the winery by a notification on the ending screen of the participant’s survey. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.
7. Limitation of Liability; Disclaimer of Warranties.
By participating, entrants and winners agree to release and hold harmless, Sponsor, Facebook Inc., Instagram and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstake, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstake-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
In no event will the released entities be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the service and/or the sweepstake, downloading from and/or printing material downloaded from any websites associates with the sweepstake. In no event shall the released entities’ total liability to you for all damages, losses, or causes of action exceed R200 (in words: two hundred South African Rand). Without limiting the foregoing, this sweepstake and all prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
8. Force Majeure Event.
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstake as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstake.
9. Additional Conditions.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstake should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstake. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstake or website. Sponsor may prohibit an entrant from participating in the Sweepstake or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstake by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
The invalidity or unenforceability of any provision of these 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 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.
10. Disputes; Governing Law.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstake. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstake shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstake, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstake or downloading any materials in this Sweepstake.
For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstake, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Munich, Germany. The parties agree not to raise the defense of forum non conveniens.
11. Use of Data.
Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://the-winestore.com/policies/privacy-policy. By participating in the Sweepstake, entrants hereby agree to Sponsor’s and partner winery’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.