OFFICIAL RULES
1. DESCRIPTION OF THE CONTEST. The “WSET Program with Josh Hart and Wine Access Contest” (the “Contest”) is sponsored by Wine Access, Inc. (“Sponsor”). The Contest provides entrants with the opportunity to attain WSET certification(s) through the Napa Valley Wine Academy. “Submissions” (as defined below) will be accepted electronically beginning on August 15, 2020 and the submission period is scheduled to end at 12:00 p.m. PDT on October 31, 2020 (the “Submission Period”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. In the event there is a casual or inadvertent discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
2. WHO MAY ENTER. The Contest is open only to those legal residents and citizens of the United States, except for the state of Florida. To enter, you must both (i) be at least 21 years of age or older at the time of entry, and (ii) identify as Black, Indigenous, People of Color (“BIPOC”). Officers, directors and employees of Sponsor and persons who are immediate family members of any such directors, officers and employees (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void in Florida and where restricted or prohibited by law.
3. HOW TO ENTER. To participate in the Contest, each entrant must visit the WSET Program with Josh Hart and Wine Access website at https://www.wineaccess.com/wset/ (the “Website”), fill out the WSET Program with Josh Hart and Wine Access Application form found there, and follow the uploading/submission instructions for the Submission. Each Submission that is entered into the Contest must meet the “Submission Requirements” set forth below.
Information submitted in connection with the Contest will be treated in accordance with these Official Rules and the privacy policy located at https://www.wineaccess.com/privacy-policy/. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise will be treated as non-confidential and nonproprietary. Submissions will become property of the Sponsor and applicant hereby irrevocably assign and transfer to Sponsor any and all rights, title, and interest in the Submission, including without limitation, all copyrights, and hereby waives all moral rights. Submissions will not be returned or acknowledged, so entrants are advised to retain a copy of their Submission and other submission materials for their records.
4. SUBMISSION REQUIREMENTS. Each submission that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be considered (a submission that meets all such requirements will be referred to as a “Submission”) (any submission that, in Sponsor's good faith judgment, violates the following criteria will be disqualified):
a) The Submission must include a statement of no more than 500 words describing why you are interested in the opportunity to obtain WSET certification and how it will help you grow your career in the wine industry. Preference will be given to those currently in the food and hospitality industry. You must select the ethnicity or ethnicities that you self-identify as. [You must include a photo of yourself in color.] All Submissions that are submitted must include your full name, email address, phone number, date of birth, address, resume, and your need for financial assistance.
b) No substitutions of new drafts for Submissions will be accepted under any circumstances once the original Submission is submitted for consideration.
c) Submissions that are false, misleading, plagiarized, obscene, pornographic, libelous or otherwise objectionable will be disqualified.
By entering, you warrant that your Submission is your own original creation and does not violate or infringe the rights, including, without limitation, copyrights, or rights of publicity/privacy, of any third party. Submissions must be suitable for publication. Submissions must not have been submitted in other contests or been previously published.
5. WINNER SELECTION. Up to 100 Bronze Prize winners will be selected on a rolling basis during the Submission Period by a panel of judges (the “Judging Panel”) selected by Sponsor in its sole discretion. The Judging Panel will select the winning Submissions based on an evaluation of each Submission’s message and potential impact. Submissions will be evaluated based on the following criteria: 50% demonstrated potential and interest in a wine industry career, 30% financial need and 20% originality. The decisions of the Judging Panel are final and not subject to appeal. The Bronze Prize winners will be notified by e-mail, using the contact information provided at the time of entry within fifteen (15) days after the end of the Submission Period. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Submission. Within the Bronze Prize winners, the top five (5) scorers of the WSET Level 1 Certification will be eligible to receive a Silver Prize. Within the Silver Prize winners, the top three (3) scorers of the WSET Level 2 Certification will be eligible to receive a Gold Prize.
6. PRIZES. Up to 100 Bronze Prizes are available. Each Bronze Prize consists of a sponsorship to a virtual WSET Level 1 course through the Napa Valley Wine Academy. Up to 5 Silver Prizes are available. Each Silver Prize consists of a sponsorship to a virtual WSET Level 2 course through the Napa Valley Wine Academy. Up to 3 Gold Prizes are available. Each Gold Prize consists of a sponsorship to a virtual WSET Level 3 course through the Napa Valley Wine Academy and sponsored trip to Napa Valley with Josh Hart for a 3-day immersive experience at top wineries, meeting with individuals in different disciplines and gaining access to mentors in the industry. For the Gold Prize winner, the trip includes roundtrip, economy/coach class airfare for winner from the major commercial airport near the winner’s residence; hotel accommodations for three days / two nights (one single occupancy room) in the Napa Valley; and organized, group meals. Incidentals, including, without limitation, Internet charges, telephone calls, minibar charges, spa/beauty salon services, laundry, tours/excursions, gift shop purchases, hotel resort fees, airline service charges, and all other expenses not mentioned in these Official Rules are the sole responsibility of the winner. Hotel and airfare cannot be used separately. Additional restrictions may apply. Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotional materials are for illustrative purposes only. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. In the unlikely event of a tie, the winner will be chosen through a short essay, and will given to the entrant that demonstrates the most potential and interest in a wine industry career. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
7. DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of contestants who will participate in the Contest.
8. PUBLICITY RELEASE / LICENSE TO USE. By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant's name, user name, image, likeness, biographical information and Submission(s) in any and all media for any purpose, including without limitation advertising and promotional purposes, as well as in, on or in connection with the Website, or the Contest or other promotions conducted by the Promotion Entities, and each entrant hereby releases the Promotion Entities from any liability with respect thereto. In connection therewith, the entrants of the Top 10 Submissions may be required at any time to submit to a confidential background check to confirm eligibility and help ensure that each such person’s continued participation in the Contest will not, in Sponsor's sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, the Promotion Entities or any sponsor of the Contest. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, publish, or otherwise use each Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
9. FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments or other documents in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefore.
10. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor is not responsible for technical, hardware or software malfunctions, misdirected entries, lost or unavailable network connections or failed, incorrect, inaccurate, incomplete, lost, late, misdirected, garbled or delayed entries or other communications or other technical problems related to online entries. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, to not be BIPOC or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, 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), shelter-at-home requirement, public health crisis, or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other similar or dissimilar cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. 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.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Entrant hereby waives any right to equitable relief, including injunctive relief.
12. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
13. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
14. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
15. ARBITRATION PROVISION: By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
16. WINNERS LIST. After the end of the Contest, the name(s) of the winners will be posted to the Website.