Rules

WINE SPECTATOR “TOP 100” SWEEPSTAKES 

NO PURCHASE NECESSARY. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.   

By participating in the Sweepstakes, you agree to abide by and be bound by these Official Rules and the decisions of M. Shanken Communications, Inc. (“Sponsor”), which are final and binding in all respects and not subject to appeal.

 1. ELIGIBILITY.  Open only to legal residents of the United States, 21 years of age or older. Employees, officers and directors of Sponsor, its parent company, subsidiaries, affiliates, divisions, promotion/advertising/marketing agencies, as well as any other entities involved with the conduct or implementation of this Sweepstakes (including prize suppliers) or with Wine Spectator magazine’s determination of the top 100 wines of 2020 (“Wine Spectator’s Top 100 of 2020”), are NOT eligible to enter the Sweepstakes or win the prize. Sweepstakes is offered only in the United States and is void where prohibited by law.

2. SWEEPSTAKES PERIOD. Sweepstakes starts at or after 12:00:01 p.m. Eastern Time (ET) on 11/13/20 and ends at 11:59:59 p.m. ET on 1/6/21. All entries must be received/recorded by 11:59:59 p.m. ET on 1/6/21. Sponsor's computer is the official clock for the Sweepstakes.

3. HOW TO ENTER: BASE ENTRY. During the Sweepstakes Period, go to www.winespectator.com/sweepstakes. To receive a “base entry,” complete the entry form with all required information, including your name and e-mail address. Receipt of base entry will be acknowledged by Sponsor, but such acknowledgment merely indicates that Sponsor has preliminarily determined that base entry is eligible; such determination may later be rescinded by Sponsor without liability of any kind. (In the event of rescission, base entry and any bonus entries accrued in conjunction therewith as per Rule 4 will be declared void.)  Limit of one (1) base entry per person.

4.   HOW TO ENTER: BONUS ENTRY. After receipt of base entry, you may receive bonus entries by using the form sent by Sponsor to acknowledge receipt of your base entry (“Acknowledgment Form”), as follows:

(a) Refer-A-Friend. On the Acknowledgment Form, provide the e-mail address of a friend (someone personally known to you) who is eligible as per Rule 1 above and who you believe would be interested in the Sweepstakes, Wine Spectator’s Top 100 of 2020 and/or Wine Spectator magazine itself. For each valid friend referred who then enters the sweepstakes, you will receive one (1) bonus entry. (If a given friend has multiple e-mail addresses, such friend may only be referred once using only one [1] of his/her e-mail addresses. If you received a bonus entry by referring a friend for the Wine Spectator “Top Wines of 2020” Sweepstakes, you may refer that same person again and receive any entry in this Sweepstakes.)

(b) Website Visit. From the Acknowledgment Form, visit (i.e., return to) the Wine Spectator website (at www.winespectator.com) to receive one (1) bonus entry.

(c)  Facebook. From the Acknowledgment Form, like the official Facebook page for Wine Spectator to receive one (1) bonus entry. (If you already like the Wine Spectator page, after accessing the page from the Acknowledgment Form, check the indicated box to receive one [1] bonus entry.)  You may receive a second bonus entry by publicly sharing the Sweepstakes with your friends on Facebook; again, to result in bonus entry, action must be taken from the Acknowledgment Form.

(d) Twitter.  From the Acknowledgment Form, follow the official Twitter page for Wine Spectator to receive one (1) bonus entry. (If you already follow the Wine Spectator page, after accessing the page from the Acknowledgment Form, check the indicated box to receive one [1] bonus entry.) You may receive a second bonus entry by sending a tweet (not a private message) regarding the Sweepstakes on Twitter†; again, to result in bonus entry, action must be taken from the Acknowledgment Form.

† A sample tweet will be provided on the Acknowledgment Form.  You may receive the bonus entry by re-tweeting the sample tweet or, if you prefer, supplementing or editing/modifying the content of the sample tweet. If you supplement/edit/modify the sample tweet, the revised tweet (i) must be solely your original work; (ii) cannot violate the rights of third parties; (iii) cannot be inappropriate or offensive; and (iv) cannot disparage M. Shanken Communications, Inc. If Sponsor determines in its sole discretion that the revised tweet is in violation of the foregoing requirements, no bonus entry will be received in conjunction therewith and, if the violation is deemed by Sponsor in its sole discretion to be sufficiently egregious/blatant or if the violation is repeated, you will be disqualified from the Sweepstakes altogether. (Such actions may also constitute tampering as per Rule 9 below.)

If you supplement/edit/modify the sample tweet, you grant to Sponsor and its designees a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and otherwise exploit the revised tweet without notice or compensation to you. 

(e) Instagram.  From the Acknowledgment Form, follow the official Instagram page for Wine Spectator to receive one (1) bonus entry. (If you already follow the Wine Spectator page, after accessing the page from the Acknowledgment Form, check the indicated box to receive one [1] bonus entry.)

5. ENTRY RESTRICTIONS. In utilizing the Refer-A-Friend, Facebook sharing and/or Twitter tweeting methods of obtaining bonus entries, the base entrant must use the hashtag #winespectatorcontest to disclose that a material connection exists between the entrant and Sponsor.  Failure to do so voids bonus entry and repeated, egregious or blatant violations of this requirement will result in disqualification from the Sweepstakes altogether (with all entries being declared void), with such determination being made by Sponsor in its sole discretion. (Such actions by entrant may also constitute tampering as per Rule 9 below.)  Bonus entry will only be received if applicable action is taken by base entrant from the Acknowledgment Form; e.g., if base entrant follows the Twitter page for Wine Spectator independently of the Acknowledgment Form, such base entrant will not receive a bonus entry for doing so.  In the event of a dispute as to ownership of a base entry, such base entry shall be deemed made by the authorized account holder of the e-mail account provided on the entry form.  For purposes of these Official Rules, “authorized account holder” means the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries must be manually key-stroked by entrant. Use of programmed, robotic or like means to submit base entry or engage in actions so as to obtain bonus entries or to artificially inflate (or otherwise manipulate) the number of bonus entries received will result in all entries being declared void and disqualification from the Sweepstakes altogether; such action may also constitute tampering as per Rule 9. If participating in the Sweepstakes via mobile device, message and data charges (i.e., wireless internet access charges) may apply.  Check with your wireless carrier before participating in the Sweepstakes via mobile device. Wireless internet access may not be available on all mobile devices or in all areas.   

6. RANDOM DRAWING.  The winner will be selected in a random drawing from among all eligible entries (i.e., eligible base entries and eligible bonus entries) received.  The drawing will be conducted by Sponsor on or about 1/15/21. The potential winner will be notified by e-mail and/or phone (actual method[s] of notification being of Sponsor's sole choosing) and will be required to sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within indicated time period as a condition of prize award. Failure to comply with this requirement, if potential winner cannot be contacted for any reason, or if potential winner is determined to be ineligible or otherwise not in compliance with these Official Rules will result in disqualification from the Sweepstakes and prize forfeiture, without compensation of any kind. In such event, Sponsor will select an alternate potential winner in a random drawing comprised of all remaining eligible entries received.

7. PRIZE/ODDS OF WINNING.  One (1) prize is available to be won in the Sweepstakes. The prize consists of one (1) bottle of each of the top ten (10) wines from Wine Spectator’s Top 100 of 2020. Sponsor, in its sole discretion, may replace one or more of the wines with a comparable wine (of Sponsor’s sole choosing) if one (1) or more of the top ten (10) wines is/are not available for any reason. Approximate Retail Value: $1,100. Winner must furnish valid government-issued photo identification in order to accept prize. Failure to furnish proper identification to representative of third party prize supplier or if such representative determines in his/her sole discretion that photo identification is inadequate or unreliable relieves Sponsor of any liability in conjunction with award of prize.  Odds of winning depend on the total number of eligible entries received.

8. PRIZE RESTRICTIONS.  AWARD OF PRIZE IS SUBJECT TO THE APPLICABLE LAWS OF WINNER’S JURISDICTION OF RESIDENCE. IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT SUCH LAWS PROHIBIT THE AWARD OF THE PRIZE (OR IF PRIZE IS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION TO BE UNAVAILABLE FOR ANY OTHER REASON), SPONSOR WILL AWARD A SUBSTITUTE PRIZE OF ITS SOLE CHOOSING OF COMPARABLE VALUE TO THE RELEASE PRICE OF THE TOP 10 WINES INSTEAD OF THE PRIZE.  Limit of one (1) prize per family/household/address in any Sponsor promotion over a three (3) month period (including promotions in support of Wine Spectator, Cigar Aficionado or any other publications of M. Shanken Communications, Inc.) Taxes on value of prize are the winner’s sole responsibility. Winner will be issued an IRS 1099 Tax Form reflecting fair market value of prize (as well as the fair market value of any other prizes winner received from Sponsor during the same calendar year); and, winner agrees to fully cooperate with Sponsor in its compliance with Internal Revenue Service and any other government-mandated reporting requirements.  Prize is not transferable except with the written permission of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind. 

9. LIMITATIONS OF LIABILITY.  Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision. Sponsor and its agencies are not responsible for base entries/bonus entries (as applicable) that are lost, late, illegible/garbled, corrupted, inaccessible, misdirected, improperly recorded (or not recorded at all, even if corresponding action was taken by base entrant/prospective entrant), incomplete or mutilated and all such entries are void. Sponsor and its agencies are also not responsible for (a) any incomplete, incorrect or inaccurate information regarding the Sweepstakes (including the issuance of Acknowledgment Form or receipt of bonus entries), whether caused by tampering, hacking, equipment malfunction/failure or other cause; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission of entries or the recordation of bonus entries, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or (c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming or for damage to one’s computer or mobile device due to participation in the Sweepstakes (including but not limited to filtering or other operation of the functionality of Facebook, Instagram or Twitter).  The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. If, for any reason beyond Sponsor’s control, the Sweepstakes cannot be offered as originally intended (for example, technical failures, fraud/unauthorized intervention, natural cataclysm, riot, strike, civil commotion), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes and select the winner from among all eligible entries received prior to and/or after the action taken by Sponsor (as appropriate) or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.  Notice of such action by Sponsor will be posted on www.winespectator.com.

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE SWEEPSTAKES (IF APPLICABLE) AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. (For the avoidance of doubt, tampering/undermining the legitimate operation of the Sweepstakes includes but is not limited to the violative or fraudulent use of the Refer-A-Friend method of obtaining bonus entries.)

10. RELEASES.  By accepting the prize, except where prohibited by law, winner agrees to the use of his/her name, address (city, state), likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice (and further agrees to confirm such grant of rights in writing upon the request of Sponsor and/or its designees, without further compensation). By participating, entrant indemnifies, releases and agrees to hold harmless Sponsor, its parent company, affiliates, divisions and subsidiaries, promotion/advertising agencies, prize suppliers, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Facebook, Instagram and Twitter, from any and all liability arising from participating in Sweepstakes, any Sweepstakes-related activity and/or the acceptance, receipt, possession or use/misuse of the prize.

11. DISPUTE RESOLUTION/GOVERNING LAW.  To the fullest extent permitted by law, by participating in the Sweepstakes, entrant agrees that (a) any action arising out of the Sweepstakes or these Official Rules shall be filed in the federal or state courts in New York City, New York and entrant agrees to the personal jurisdiction of such courts and waives any right of inconvenient forum, change of venue or the like; (b) any claims shall be resolved individually, not as part of a class action; and (c) any and all claims, judgments and awards arising out of the Sweepstakes or these Official Rules shall be limited to actual out-of-pocket costs incurred (if any), with all other remedies or relief (including any kind of damages) being expressly waived. The Sweepstakes and these Official Rules shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions.  

Should the preceding (or any other) provision of these Official Rules be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be replaced by a substitute provision which captures the original intent of Sponsor and is valid, legal and enforceable.  The determination of the invalidity/illegality/unenforceability of a given provision of these Official Rules shall not affect the validity/legality/enforceability of any other provision of these Official Rules.

12. Winner's List:  For the name of the prize winner, send a self-addressed stamped envelope to WINE SPECTATOR’S TOP 100 SWEEPS at the below address, to be received by 1/10/21. Winner’s list will be available after 1/31/21.

SPONSOR: M. Shanken Communications, Inc., 825 8^th Avenue, 33^rd Floor, New York, NY 10019.