2023 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECSSARY. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. DESCRIPTION OF THE CONTEST. The “Connecting People Through Wine Scholarship Contest with Josh Hart and Wine Access” (the “Contest”) is sponsored by Wine Access, Inc. (“Sponsor”). The Contest provides entrants with the opportunity to receive a scholarship to attain WSET certification(s) through the Napa Valley Wine Academy. “Submissions” (as defined below) will be accepted electronically beginning at 9:00 a.m. PDT on June 22nd, 2023 and the submission period will end at 12:00 p.m. PDT on July 30, 2023 (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. To enter, you must be at least 21 years of age or older at the time of entry. Officers, directors and employees of Sponsor and its affiliates, subsidiaries, divisions, advertising, and promotion agencies (collectively “Promotion Entities”) and their immediate family members are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
Sponsor reserves the right to disqualify any entrant, potential winner or confirmed winner (a) who engages or has engaged in behavior that, in Sponsor’s sole and absolute discretion: (i) is illegal or was illegal at the time of the behavior; (ii) is inappropriate, threatening, or that is intended to annoy, abuse, threaten, harass, victimize, degrade, or intimidate any other individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; or (b) if Sponsor discovers content on an entrant, potential winner or confirmed winner’s social media pages or other public statements which might in the reasonable opinion of Sponsor expose them to disrepute, contempt, scandal or ridicule, or shock, insult or offend the public; and in each case Sponsor reserves the right to disqualify, not award a prize to the potential winner, or to withdraw or terminate any prize already awarded.
3. HOW TO ENTER. To participate in the Contest, each entrant must visit the Contest website at https://www.wineaccess.com/wset/ (the “Website”), fill out the application form found there, select the appropriate level to which you are applying (see below), and follow the uploading/submission instructions for the Submission during the Submission Period. Each Submission that is entered into the Contest must meet the “Submission Requirements” set forth below. By entering, entrants give their express permission to be contacted by Sponsor by e-mail for administration of this Contest. Limit one (1) Submission per individual.
You must have passed the Wine & Spirit Education Trust (“WSET”) exam for the level immediately prior to the level to which you are applying (e.g., if you are applying for Level 3, you must have passed the WSET Level 2 exam already), except that, if you have not taken a WSET course or exam, you must apply to Level 1. You also cannot have taken the WSET course already for the level you are applying for (e.g., if you are applying for a Level 1 scholarship, you cannot have already taken the WSET Level 1 course or exam).
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 not be returned or acknowledged, so entrants are advised to retain a copy of their Submission and other submission materials for their records. In the event of a dispute over the identity of a potential winner, the winning Submission will be declared made by the authorized account holder of the e-mail address submitted at the time of entry, and any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that e-mail address. The odds of winning depend on the number of eligible Submissions received.
4. SUBMISSION REQUIREMENTS. Each submission that is entered into the Contest during the Submission Period 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 (i) a statement of no more than 500 words describing why you are interested in the opportunity to obtain WSET certification, barriers underrepresented groups face in entering the wine industry, and the impact this prize would have on you and your educational goals, and (ii) a color photograph of yourself (for promoting winners on social media, will not be considered in selecting the winners). 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, but this information will not be considered in selecting the winners. All Submissions that are submitted must include your full name, email address, phone number, date of birth, address, and resume.
b) No substitutions of new drafts for Submissions will be accepted under any circumstances once the original Submission is submitted for consideration.
c) Submissions must be original work created by entrant and must not contain content created by a third party. Submissions that are machine or AI generated (e.g., created through the use of ChatGPT or any other artificial intelligence service, software, or technology), false, misleading, plagiarized, obscene, pornographic, libelous, slanderous, contain material that is unlawful, promote bigotry, racism, hatred, or harm against any group or individual, or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or otherwise objectionable in Sponsor’s sole discretion will be disqualified.
d) Submissions must not disparage Promotion Entities or any other person or party associated with the Contest.
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. Each entrant further agrees to defend, indemnify and hold harmless Promotion Entities from and against any claims, lawsuits, liabilities or expenses (including attorney’s fees) arising out or related to that entrant’s Submission or violation by entrant of these Official Rules
5. WINNER SELECTION. On or around August 1, 2023, thirty-eight (38) winners will be selected by a panel of judges (the “Judging Panel”) selected by Sponsor in its sole discretion. There will be twenty (20) Level 1 winners, fifteen (15) Level 2 winners, and three (3) Level 3 winners (collectively, the “Winners”). 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% writing skill, and 20% originality. In the event of a tie, the entrant with the highest score in the field of originality shall be the winner. The decisions of the Judging Panel are final and not subject to appeal. Winners will be notified by e-mail, using the contact information provided at the time of entry, within thirty (30) 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.
6. PRIZES.
Twenty (20) Level 1 Prizes will be awarded. Each Level 1 Prize consists of a sponsorship to a virtual WSET Level 1 4-week instructor-led online course through the Napa Valley Wine Academy. The approximate retail value (ARV) of each Level 1 Prize is $357 USD. Winners may select the timing of their Level 1 course they wish to take but the WSET Level 1 course must be completed no later than January 31,2024.
Fifteen (15) Level 2 Prizes will be awarded. Each Level 2 Prize consists of a sponsorship to a virtual WSET Level 2 5-week instructor-led online course [BC12] through the Napa Valley Wine Academy. The ARV of each Level 2 Prize is $739 USD. Winners may select the timing of their Level 2 course they wish to take but the WSET Level 2 course must be completed no later than January 31,2024.
Three (3)Level 3 Prizes will be awarded. Each Level 3 Prize consists of (i) a sponsorship for an 10-week instructor-led online WSET Level 3 course through the Napa Valley Wine Academy, and (ii) a 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. If a Level 3 Prize Winner is not able to take the WSET Level 3 exam through Napa Valley Wine Academy in person, Sponsor may, in its sole discretion, work with the Level 3 Prize Winner to locate and subsidize the WSET Level 3 course through a different provider (up to $1400 maximum paid directly to the WSET Level 3 course provider). The ARV of the Level 3 Prize is $5,000. The trip dates for the Level 3 winners will be determined by Sponsor in its sole discretion, but travel must be completed no later than 2024. For each Level 3 Prize winner, the trip includes roundtrip, economy/coach class airfare for winner from the major commercial airport near the winner’s residence; accommodations for three days / two nights (one single occupancy room) in the Napa Valley (which may be at a hotel, a house, or other lodging, at Sponsor’s discretion); and organized group meals. Incidentals, including, without limitation, ground transportation, Internet charges, telephone calls, minibar charges, spa/beauty salon services, laundry, tours/excursions, gift shop purchases, tips, resort fees, insurance, airline service charges, and all other expenses not mentioned in these Official Rules are the sole responsibility of the winner. Lodging and airfare cannot be used separately. If a Level 3 Winner is not able to attend the trip, no substitutions or alternate prize will be awarded. If for any reason John Hart is not able to attend or participate in the Level 3 Prize, Promotion Entities shall have no liability and will not reschedule or provide a substitution for all or any portion of the Level 3 Prize that is unavailable. 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. In order to take part in any WSET courses, winners will be required to agree to the WSET terms and conditions available at https://napavalleywineacademy.com/terms-of-service/. 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. 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 potential winner may 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. [C15]
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, except where prohibited by law 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 Winners may be required at any time to submit to a confidential background check to confirm eligibility Each entrant hereby grants Promotion Entities a royalty-free, irrevocable, perpetual, non-exclusive, transferable license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Each entrant also irrevocably waives any and all so-called moral rights they may have in the Submission.
9. FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments, licenses, permissions, 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, or travel to, from or in connection with 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 identify as BIPOC, or otherwise found to be ineligible, 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. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, licenses, permissions, certificates of engagement for the Submission, or other documents as Sponsor may reasonably require in order to confirm or effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor, unless otherwise prohibited by law.
13. 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.
14. 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.
15. WINNERS LIST. After the end of the Contest, the name(s) of the winners will be posted to the Website. To request a copy of these Official Rules, e-mail your request to scholarship@wineaccess.com. Requests for a copy of these Official Rules received more than thirty (30) days after the Submission Period will not be honored.
16. SPONSOR. The Sponsor of this Contest is Wine Access, Inc., 1700 Soscol Ave #28, Napa CA, 94559.