Cupcake Vineyards
The Cupcake Bake It Up Sweepstakes 2011

NO PURCHASE OR CONSUMPTION NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Sponsor:  The Wine Group, 4596 Tesla Road Livermore, CA 94550.
2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2^nd Floor, New York, NY 10001.
3. Eligibility: “The Cupcake Bake it Up Sweepstakes 2011” (“Sweepstakes”) is open only to legal residents of the United States who are 21 years of age or older at time of entry. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize (or any prize component), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win the prize. Employees, officers, directors of alcohol beverage licensees (including but not limited to alcohol beverage retailers and alcohol beverage wholesalers), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win the prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Void in CA and where prohibited or restricted by law.
4. Sweepstakes Schedule: The Sweepstakes begins on or about 12:00:01 a.m. Eastern Time (“ET”) on 10/1/11 and ends at 11:59:59 p.m. ET on 12/31/11 (“Sweepstakes Period”). Administrator’s computer is the official clock for the Sweepstakes.
5. Sweepstakes Entry:There are two ways participants can enter the Sweepstakes: online or mail-in entry.Online Entry: There are two (2) ways to enter online, go to www.cupcakevineyard.com/sweepstakes (the “Website”). First, access the Website; by doing so, you represent and warrant that you are at least 21 years of age. Then, complete the entry form. You will be asked to provide your name, mailing address (with zip code), daytime telephone number and e-mail address; or go to www.facebook.com/cupcakevineyards. If you haven’t done so already, you must “like” The Cupcake Vineyards Facebook page. On The Cupcake Vineyards’ Facebook page, click on the Sweepstakes tab and complete the entry form. Provision of information online is governed by Cupcake Vineyards’ Privacy Policy accessible at www.cupcakevineyard.com/privacy.php. Once you have completed the entry form, submit your sweepstakes entry by clicking the “Submit Entry” button on the Sweepstakes entry page.

   This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook.

   Mail-in Entry: On a 3”x5” card handprint your name, mailing address (with zip code), daytime phone number, email address and date of birth and mail to: “The Cupcake Bake it Up Sweepstakes Entry”, PO Box 5028, Ellenton, FL 34222-5000. Entries must be postmarked by 12/31/11 and received by 1/9/12. Entries received after 1/9/12 are void. Sponsor and its agencies are not responsible for entries that are late, lost, misdirected, mechanically reproduced, illegible, incomplete or damaged or for postage due mail; and, all such entries are void.  All entries become the property of Sponsor and will not be acknowledged.

   Limit one (1) Sweepstakes entry per person or e-mail address per day regardless of which method of entry is used. For purposes of this Sweepstakes except for the first day where the day begins at 12:00:01 am ET, a day begins at 12:00:00 am ET and ends the following 11:59:59 pm ET. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked; use of automated entry devices or programs is prohibited. Each mail-in entry must be mailed separately in a business size (#10) envelope.

   Sponsor and its agencies are not responsible for failed, partial or garbled 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 Sweepstakes (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation (including failure of one or more governmental entities to timely approve Sweepstakes in accordance with applicable alcohol beverage regulations) or any other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes (including but not limited to terminating/suspending the Sweepstakes in one or more jurisdictions). In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prize by means of a random drawing comprised of all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor and all eligible mail-in entries received or otherwise award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Website. No responsibility is assumed 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 or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Sweepstakes.

   Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

6. Random Drawing/Selection of Winner:  On or about 1/16/12, the Grand Prize drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters related to this Sweepstakes.Potential winner will be notified by mail and/or e-mail and/or phone. Failure to respond to the initial verification e-mail within five (5) business days after notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. Potential Grand Prize winner will then be required to sign and return within five (5) business days an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, potential winner will be disqualified and an alternate winner selected from all remaining eligible entries received. In the event of any dispute concerning the identity of any online entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
7. Prize, Approximate Retail Value (“ARV”) and Odds of Winning: Grand Prize (1 winner):
   4-day/3-night trip for the winner and one (1) guest to winner’s choice of one (1)of the following wine region destinations: Barossa Valley in Southern Australia; Blenheim in the Marlborough region of New Zealand; Zell in the Mosel region of Germany; Prosecco in the Veneto region of North East Italy; Canelli in the Asti region of North West Italy; Trentino in the Northern Italy; Mendoza, Argentina (“Trip”). Exact travel dates to be determined by Sponsor in its sole discretion. Trip consists of round-trip coach class air transportation for two (2) to major city near chosen destination, from major international airport near winner’s residence (departure and destination airports to be chosen by Sponsor in its sole discretion); 3-night hotel accommodations (one standard room, double occupancy) in a hotel of Sponsor’s choice; round-trip ground transportation between airport and hotel; meet and greet with Cupcake Vineyards Winemaker, Adam Richardson (“Adam”); and $1,000 cash or cash equivalent for trip (i.e., gift card, with the issuer gift card being determined by Sponsor in its sole discretion).Approximate Retail Value of Grand Prize: $10,000.

   If winner does not have a guest accompany him/her on the trip, the prize will otherwise be awarded in increments appropriate for one (1) traveler (i.e., the winner); and, in such event, no substitute prize or additional compensation will be awarded to winner. Meet and greet with Adam has no cash value and is subject to his availability and professional commitments. Winner and his/her guest will meet Adam in one session, for a period of up to 15 minutes at time and location to be determined by Sponsor in its sole discretion, with a Sponsor representative (and perhaps other individuals) also being present at all times. Adam will NOT autograph any items.  Winner and guest must follow all instructions of Sponsor relative to meeting Adam and, should winner and/or guest fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor and/or Administrator, in their sole discretion), Sponsor will, without further notice or warning, eject winner and/or guest from meeting with Adam and/or take other actions as Sponsor deems appropriate in its sole discretion so as to protect its rights, without liability or other obligation to winner and/or guest. If meeting Adam is offered for shorter than the indicated time period, for any reason other than inappropriate behavior by winner and/or guest, Sponsor’s liability shall be limited to awarding the remaining elements of the Grand Prize to winner.

   Actual value of trip may vary based on point of departure, destination and dates of travel. Accommodations and travel are for up to two persons sharing one accommodation. Trip is non-transferable and cannot be extended beyond the valid date. If winner’s trip is less than $10,000, winner will not receive the difference in cash.

   The Grand Prize winner is solely responsible for all other expenses related to trip not specified herein, including but not limited to tips, taxes, travel insurance and hotel incidentals. Grand Prize winner and guest must travel together on specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety.  Accommodation restrictions and blackout dates may apply. The trip must be booked at least 60 days prior to travel. Trip must be completed by December 31, 2012. All travel dates and arrangements are subject to change, availability and Sponsor’s approval. Sponsor and its agencies are not liable for any expenses incurred as a consequence of flight cancellation/delay. Certain documentation and requirements may be necessary for travel, such as photo identification (including passport). Grand Prize winner and his/her guest are solely responsible for any documentation and requirements and determining applicable procedures and restrictions. In addition, the Grand Prize winner may be required to present a valid credit card at the hotel at the time of check-in. Winner and guest must provide own transportation to and from departure airport. The winner’s guest must be 21 years of age or older and must sign and return a Liability Release and a Publicity Release (where legal) prior to issuance of travel documents.

   Winner assumes the risk of any inherent or unforeseen dangers associated with travel.

   Odds of winning the prize depend on the total number of eligible entries received during the Promotion Period.

   If $1,000 is awarded via gift card, issuer of gift card will be chosen by Sponsor in its sole discretion and gift card is subject to terms and conditions indicated thereon, which may include expiration date as permitted by law. No substitution, cash redemption or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. All taxes are the sole responsibility of the Winner. Winner will be required to sign an IRS Form 1099, Form W-9, and winner’s receipt of prize will be reported to the Internal Revenue Service as per applicable law.

8. General Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.Acceptance of the prize constitutes prize winner’s permission for Sponsor, Administrator and their respective successors, representatives and assigns to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winner’s list without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
9. Limitation of Liability: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor, Administrator, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies, Facebook, Inc. and prize suppliers, and each of their respective officers, directors, agents, shareholders, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) for:  (1) 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; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 prize. No more than one (1) prize will be awarded.
10. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize 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; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and 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 entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. Winner’s List: For the name of the winner, mail a self-addressed, stamped envelope to:
    “The Cupcake Bake It Up Sweepstakes Winner”, c/o LeadDog Marketing  Group, 159 W. 25th Street, 2^nd Floor, New York, NY 10001, for receipt no later than 3/1/12.