Banshee Wines X Avril Lavigne Concert Sweepstakes

Rules

BANSHEE WINES X AVRIL LAVIGNE CONCERT SWEEPSTAKES
OFFICIAL RULES

NO PURCHASE OR SMARTPHONE NECESSARY TO ENTER OR WIN. MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE. A PURCHASE OR SMARTPHONE ENTRY WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

Foley Family Wines, Inc., 325 Center Street, Healdsburg, CA 95448 (“Sponsor”), is proud to offer the BANSHEE WINES X AVRIL LAVIGNE CONCERT SWEEPSTAKES (“Sweepstakes”) which is administered by Beverage Promotions, 20280 N. 59th Ave., Ste 115-550, Glendale, Arizona 85308 (“Administrator”).

Sweepstakes Entry Period: The Sweepstakes will begin on 12:00:01 a.m. Pacific Time (“PT”) on August 5, 2024 and will end at 11:59:59 p.m. PT on August 28, 2024 (“Entry Period”). To be eligible, all web entries and entries via text message must be received by Sponsor by 11:59:59 p.m. on August 28, 2024. Sponsor’s clock will be the official timekeeper for the Sweepstakes.

Eligibility: The Sweepstakes is open only to legal residents of the United States and Washington D.C. (excluding Alabama, Alaska, Hawaii, Michigan, New Jersey, Oklahoma, Pennsylvania and U.S. territories) and entrants must be age 21 or older at the time of entry. This Sweepstakes is void where otherwise taxed, prohibited or restricted by law. Officers, directors and employees of Sponsor, its Administrator, Beverage Promotions, and, if applicable, their respective parents, subsidiaries, and affiliates; individuals or entities responsible for the development, printing, distribution and implementation of this Sweepstakes (collectively, the “Sweepstakes Entities”); suppliers, distributors and retailers of alcohol-beverage products; and individuals who are employees of or members of the immediate family or household, whether or not related, of any of the foregoing are not eligible to enter the Sweepstakes or win a Prize. The Sweepstakes is subject to all applicable Federal, state and local laws and regulations. ONE ENTRY PER PERSON. MAXIMUM OF ONE WINNER. NO PERSON MAY WIN MORE THAN ONE PRIZE.

How To Enter: There are two (2) ways to enter. Entrants may enter only once during the Entry Period, regardless of method of entry.

1. To Enter via a Text Message. Text the word BANSHEEVIP to 213-394-7460 and follow the directions to verify your age and state of residence. You will then be sent a text message containing a link to a form that must be filled out with the requested information (name, residence address, email address, and phone number). Once you submit the form, you have been officially entered for a chance to win. Message & data rates may apply. By sending a text message from your mobile phone, you are providing consent to receive messages about the Sweepstakes to that mobile phone by or on behalf of Sponsor. You may opt-out of receiving such messages by texting STOP to 213-394-7460. Text messages are sent by auto-dialer. See your wireless carrier for pricing plan details. Check your wireless phone capabilities for specific instructions; OR

2. To Enter via Web Entry. Visit www.bansheevipsweeps.com and fill out the official entry form.

GRAND PRIZE: One (1) Grand Prize will be awarded. Grand Prize winner will receive two (2) VIP tickets to Avril Lavigne’s concert in Minneapolis, Minnesota on Thursday September 12, 2024, access to the Banshee VIP Bar and a $2,100 VISA gift card to go towards flights, hotel, and meals for two. Approximate retail value (“ARV”) of Grand Prize is three thousand one hundred dollars ($3,100.00). Winner and guest must be 21 years of age or older at the time of entry. Alcoholic beverages are not part of the prize. Odds of winning depend on number of eligible entries received.

Notification and Prize Claims: Winner will be selected on or around August 29, 2024, through a random drawing among all Valid Entries. The Sponsor and/or its independent judging organization will be the sole judge(s) of which entries are Valid Entries, and their decisions and the result of the drawing will be final in all respects. The potential winner will be notified on or about August 29, 2024 by email and/or telephone (in the sole discretion of Sponsor) using the contact information submitted by such potential winner at the time of entry (“Prize Notification”). The potential Grand Prize Winner and his/her guest will be required to sign and return, within two (2) days of receipt, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form or an IRS Form 1099 (the “Paperwork”) in order to claim the Prize. If a potential Grand Prize Winner fails to return the Paperwork within that time, if the Grand Prize Notification is returned as undeliverable, or if an Entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential Grand Prize Winner will be disqualified and a runner-up Grand Prize Winner may be notified. Even if the names of potential Grand Prize Winner is publicly announced, the potential Grand Prize Winner must complete all documents provided and be confirmed by Sponsor prior to receiving a Prize. Once a potential Grand Prize Winner has been confirmed by the Sponsor, except where prohibited by law, Grand Prize Winner’s Entry and acceptance of the Grand Prize constitutes permission for the Sweepstakes Entities to use said Grand Prize Winner and his/her guest’s name, photograph, likeness, statements, biographical information and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.

Privacy and Text Information: Entrants will be contacted using the address provided during the Entry Period. Email addresses may be stored if supplied, and entrants may receive email correspondence from, or on behalf of Sponsor subject to Sponsor’s privacy policy. Sponsor uses commercially reasonable efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Entrant understands that he/she is providing their information to Sponsor. By entering the Sweepstakes, each entrant acknowledges that his/her first and last name and hometown may be announced online, in winners lists, and including but not limited to, Sponsor’s social media channels. Except where prohibited, acceptance of any and all Prizes constitutes consent by the winner to use of his/her name, voice, picture, likeness and biographical data for advertising and promotional purposes without any additional compensation. Each Entrant further hereby acknowledges and agrees that if he/she is chosen as a winner for any Prize, certain of his/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). Information collected from Entrant will be treated by Sponsor in accordance with Sponsor’s privacy policy, available at https://www.bansheewines.com/Privacy, and with due regard to Entrant’s privacy. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Sweepstakes (see privacy policy for more details). Entrants’ information will be hosted in the United States.

If you provided your mobile number during the Entry Period and agreed to the terms listed, you are authorizing Sponsor to deliver automated SMS messages to you about the Sweepstakes. You are not required to provide a number as a condition of purchasing any item or receiving any offers. Standard message rates may apply. You may opt-out of receiving future text messages by replying STOP to any message you receive (this will generate a confirmation email noting we have received your request). If you chose not to receive automated SMS messages to your mobile device, you will receive the same notifications via mail or via email through an automated email system. Sponsor and its agents are not responsible for text message entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of such entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Network service for transmission of text messages/entries may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Sponsor assumes no responsibility for message/entry delivery or timeliness of messages/entries, or for the availability of messaging or general phone services at all times.

Additional Terms and Conditions: If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the potential winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.

The Grand Prize is comprised only of the VIP Tickets, Banshee VIP Access and the Gift Card specified herein. Any and all other costs and expenses incurred by the Prize Winner including but not limited to lodging, transportation costs, meals, gratuities and any other expenses are the sole responsibility of the Prize Winner. No minor will be eligible to win the Grand Prize. The Grand Prize Winner agrees to comply with all applicable regulations in connection with the Grand Prize. Sponsor is not responsible for any cancellation or postponement of the event or any changes in schedule of any element of the prize. No refund or compensation will be made in the event of cancellation, postponement or other change in schedule that may create an inconvenience or otherwise prevent the Grand Prize Winner from realizing some or all of the contemplated prize. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, SPONSOR WILL NOT ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. In the event Sponsor is unable to provide venue passes or any portion of the prize, no compensation or substitution will be provided in lieu thereof; however, remainder of prize package will be awarded and Sponsor will have no further obligation to winner. The sponsor and venue reserve the right to revoke full or partial prize from any winners or winners’ guest who it or venue or event personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue or event policy or law, or may bring the sponsor or venue into disrepute.

No transfer or substitution of prize (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event that advertised prize (or portion thereof) is unavailable. Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for prize; however, the cash alternative may be less than the stated ARV of the prize. All federal, state and local income taxes on the prize are winner’s sole responsibility. Winner will be issued an IRS Form 1099 for the value of his/her prize. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.

SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES.

Releases: By entering the Sweepstakes or accepting the prize (if awarded to him/her), entrant agrees to indemnify, release, defend and hold harmless Avril Lavigne, Sponsor, its parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Sweepstakes, including but not limited to, prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, possession, acceptance, use and/or misuse or inability to use any prize or part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

The Released Parties are not responsible for: (a) 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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 Sweepstakes or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Warranty Disclaimer: By accepting the prize, winner acknowledges that Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.

Limitations of Liability: By participating or accepting a Prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, 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 California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than California.

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.

Construction: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

Winner’s Lists and Official Rules: A winner’s list may be obtained by mailing a self-addressed stamped envelope to: Beverage Promotions, Attention: Dept 3285, 20280 N. 59th Avenue, Suite 115-550, Glendale, Arizona 85308. All requests for the winner’s list must be postmarked by October 1, 2024 and received by October 31, 2024. Requests will be fulfilled after the winners are verified. For official rules, and prize descriptions, see www.bansheevipsweeps.com.

This Sweepstakes is in no way sponsored or administered by Avril Lavigne, Instagram or Facebook.

Please direct any questions regarding the Sweepstakes to Beverage Promotions, 20280 N. 59th Ave., Ste 115-550, Glendale, Arizona 85308.