Franzia® 2016 Homes for Our Heroes
Official Rules
THIS PROGRAM IS IN NO WAY ASSOCIATED WITH TWITTER®, INSTAGRAM® OR FACEBOOK®. REFERENCES
TO TWITTER, INSTAGRAM, FACEBOOK OR ANY OTHER THIRD-PARTY ENTITY ARE NOT MEANT TO IMPLY AN
ENDORSEMENT OF FRANZIA WINES OR THIS PROGRAM.
1.
Sponsor/Administrator: The Wine Group LLC doing business as Franzia Wines, 4596 Tesla Road Livermore,
California 94550.
2.
Eligibility: The Franzia Homes for Our Heroes Program (herein after, “Program”) is open only to legal residents of
the fifty (50) United States and the District of Columbia who are 21 years of age or older at time of entry. Void
where prohibited or restricted by law.
3.
Program Schedule: The period for the Program begins on or about 12:00:00 a.m. Pacific Standard Time ("PST")
on 7/1/2016 and ends at 11:59:59 p.m. PST on 9/30/2016 (the “Program Period”). Sponsor’s computer is the official
clock for the Program.
4.
Program Submission: For every unique, eligible submission, as defined below, received during the Program
Period, Franzia Wines will donate US$1.00 to the Fisher House Foundation, up to a maximum total contribution of
US$50,000. In order to participate in the Program, you must submit a photo (the “submission”) of the Homes for
Our Heroes tab from boxes of Franzia wines purchased during the Program Period. In order to create the photo,
remove the perforated Homes for Our Heroes tab on the Franzia box, take a photo of the Homes for Our Heroes
tab, then submit the photo to Franzia.
You can
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provide your submission via one or more of the following ways:
Via the Franzia website located at www.franzia.com (the “Website”),
By texting your photo to (209) 372-3199 and including the tag #franziahomes, or
Via one of the following social media applications: Twitter, Instagram or Facebook. Log into your social
media application of choice and create an account or log into your existing account, upload the photo to
Twitter, Instagram or Facebook and tag #franziahomes.
A unique, eligible submission is defined as an original photo (DO NOT COPY OTHERS’ WORK) containing at least
one (1) Homes for Our Heroes tab removed from a box of Franzia wine purchased during the Program Period.
Submissions containing more than one Homes for Our Heroes tab will be considered a single entry regardless of the
number of tabs featured in the photo.
Program participants can submit more than one unique, eligible submission during the entry period but each
submission must be unique (e.g., an entry submitted via the Website will not be eligible if that same photo was
previously submitted via Facebook).
Program participants may not submit more than one (1) submission per day during the Program Period regardless
of method of entry.
All submissions become the property of Sponsor. Receipt of submission may be acknowledged but such
acknowledgment does not constitute any representation as to Program eligibility.
BY SUBMITTING A PHOTO VIA ONE OR MORE OF THE METHODS DESCRIBED ABOVE, YOU ARE INDICATING YOU
HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE PROGRAM RULES. DO NOT SUBMIT A PHOTO WITHOUT
FIRST REVIEWING THESE OFFICIAL RULES.
Partial or incomplete/piecemeal submissions (e.g., posting a photo to Twitter, Instagram or Facebook without the
hashtag #franziahomes) will not be accepted.
Participants are responsible for any data fees associated with using the Website, Twitter, Instagram and/or
Facebook, or texting the submission to the number indicated above. Creation and/or use of a Twitter, Instagram or
Facebook account may require the acceptance of their respective privacy policies and terms of service.
Due to Instagram’s and Facebook’s terms, Sponsor is unable to receive entries from an Instagram or Facebook
account holder which is set as “protected” or “private” (i.e. account settings which require the account holder to
approve viewers). Therefore, in order to participate and provide an eligible submission, participant must ensure
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that his/her Instagram or Facebook account is not set to “protected” or “private” otherwise participant must submit
his/her submission via one of the other methods described above.
Once submitted, photos become the sole property of Sponsor, cannot be modified by participant, and will not be
returned. By submitting a photo, participant gives permission (and warrants and represents that he/she has obtained
all rights necessary to give such permission, including from the photographer, if other than participant and other
individuals pictured in the photo) to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual,
worldwide, sublicensable, non-exclusive license to post participant's photo, name, likeness and all other information
about the participant contained in the photo on the World Wide Web, and to otherwise use participant's photo,
name, likeness and all other information about the participant in the photo without compensation in the advertising,
Program, and publicity of the Program, Franzia Wines and otherwise.
Participant further warrants and represents that he/she has fully complied with these Official Rules and that his/her
photo: (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 (without in any way limiting the preceding, participant represents and
warrants that he/she has obtained permission from the photographer if not him/herself); (3) is not defamatory,
slanderous, libelous, scandalous or obscene as determined by Sponsor in its sole discretion; (4) is entirely
participant's own original work and participant owns or controls all right, title and interest in the photo, including
but not limited to its copyright; (5) has not been submitted in any other competition or Program; (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); (8) does not name, depict or describe
any person (living, dead, or fictional) other than the participant him/herself and any other person(s) who has
provided their permission to appear in the photo; (9) does not depict the excessive or irresponsible consumption of
alcohol as determined by Sponsor in its sole discretion nor does it contain any brand that is competitive to Franzia
Wines; (10) without limiting the foregoing, does not contain any material that is protected by copyright other than
the copyright owned exclusively by the participant, including but not limited to product labels that are subject to
others’ copyright. Submissions may not (and Sponsor reserves the right to disqualify any photos that do): a) 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; b) 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); c) depict acts of violence or aggression; d) advocate illegal conduct of any kind or e)
violate any of (1)-(10) above. If a photo is unable to be viewed by Sponsor for any reason whatsoever, that photo
(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 submitting a photo, participant agrees to indemnify and hold harmless Released Parties (as defined below) from
any action or liability resulting from the publishing of his/her photo and/or use of the photo. Participant also consents
to receive marketing communications from Sponsor or its agencies. Participants who do not wish to receive such
communications may opt out of receiving these communications at any time by following the instructions in the
communication. The decision to opt out of receiving communications from sponsor will not affect the eligibility of
the submission.
Sponsor grants to participants the limited, non-transferable right to use its trademarks solely for purposes of
participating in this Program; such right will expire at the end of the Program. Any other use of Sponsor’s trademarks
will be considered a violation of Sponsor’s intellectual property rights.
Provision of information online is governed by the Franzia Wines Privacy Policy, accessible on the Website. If you do
not agree with the Privacy Policy, do not enter the Program or otherwise use the Website.
Participant further warrants and represents that he/she has fully complied with these Official Rules. By entering,
participant agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability
resulting from his/her participation in the Program and/or any other information included in any Entry.
5.
Program Entry: Sponsor and its agencies are not responsible for failed, partial or garbled entries, 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 Program (in whole or in part) is not capable of running as
planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failures, fire, flood, storm, earthquake, other natural weather event, riot, strike, civil commotion,
governmental regulation (including failure of one or more governmental entities to timely approve Program in
accordance with applicable regulations) or any other causes beyond Sponsor’s control that corrupt or affect the
administration, security, fairness, integrity or proper conduct of the Program, Sponsor reserves the right, in its sole
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discretion, to terminate, modify or suspend the Program (including but not limited to terminating/suspending the
Program in one or more jurisdictions). In such event, Sponsor reserves the right to conduct the Program and in a
manner which it deems fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its
sole discretion. Notice of termination/modification/suspension of Program may be posted on the Website. No
responsibility is assumed by Sponsor 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, network or at any website, or any combination
thereof, including without limitation any injury or damage to participant's or any other person's computer or other
electronic device related to or resulting from participation in or downloading any materials from this Program. Entry
materials that have been tampered with or altered are void.
Participants further agrees not to knowingly damage or cause interruption of the Program and/or prevent others
from participating in the Program. CAUTION: IF AN ATTEMPT IS MADE TO DAMAGE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE PROGRAM, SPONSOR MAY DISQUALIFY ANY INDIVIDUAL MAKING SUCH
ATTEMPT AND MAY SEEK CRIMINAL PROSECUTION AND/OR DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
6.
Limitation of Liability: By participating in this Program, participants agree to release and hold harmless Sponsor,
Fisher House Foundation, Twitter, Instagram, Facebook and their respective officers, directors, agents, owners,
shareholders, representatives and employees, as well as its successors, representatives, and assigns (collectively,
the "Released Parties") as follows: LIMITATION OF LIABILITY: PARTICIPANTS HEREBY AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM
PARTICIPATING IN THE PROGRAM. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY,
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO
PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT THE RELEASED PARTIES
HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION,
OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW,
RELATIVE TO THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED
PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AND THE RELEASED
PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED
THERETO. Released Parties are not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries.
7.
Disputes: To the fullest extent permitted by law, participant agrees that: (1) any and all disputes, claims and causes
of action arising out of or connected with this Program 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 in San Francisco, California if federal court is not a proper or available venue; (2) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
entering this Program, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted
to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential
damages and any other damages, other than for actual out-of-pocket expenses (other than attorneys’ fees), and so
waives 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
participant and Sponsor in connection with the Program 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.
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