Official Rules

THE PONGA PANGA ADVENTURE CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

CONTEST DESCRIPTION: The Ponga Panga Adventure Contest (the “Contest”) is a skill-based essay contest presented by The Winebow Group (the “Sponsor”). The Contest begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, May 1, 2018 and ends at 11:59:59 PM ET on Saturday, June 30, 2018 (the “Contest Entry Period”). The Contest Site’s database clock will be the official timekeeper for the Contest.

The intent of the Contest is to invite participants to submit a short essay, using 150 words or less, to answer the question “What would you pack for a rafting trip?” The Contest will include a round of judging to determine one (1) winner, all as further described herein.

By participating in the Contest, each participant (“Entrant”) unconditionally accepts and agrees to comply with, and abide by, these Official Rules and the decisions of the Sponsor and US. Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.

ELIGIBILITY: The Contest is open to legal residents of the states of California, Colorado, Florida, Georgia, Illinois, Maryland, Massachusetts, North Carolina, New Jersey, New York, Ohio, South Carolina, Texas, Virginia, West Virginia and the District of Columbia (D.C.), who are age 21 or older at the time of entry. Void outside these geographic areas and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER: During the Contest Entry Period, visit www.PongaWine.com/promotions (the “Contest Site”), follow all instructions to complete the contest entry form in its entirety, including your full name, date of birth and email address, provide a short, unique essay, not to exceed 150 words, that answers the question “What would you pack for a rafting trip?” (the “Essay”) and submit (the “Entry”). All Entries must be received between Tuesday, May 1, 2018 at 12:00:01 AM ET and Saturday, June 30, 2018 at 11:59:59 PM ET. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.thewinebowgroup.com/privacy/.

There is a limit of one (1) Entry per person, regardless of whether entrant has more than one email address. Each Entry must include an original Essay.

Although the Sponsor may receive multiple Entries from a participant, only the first complete Entry received from a particular participant will be eligible; subsequent attempts by the same person to enter, including Entries submitted with an alternate email address, will be disqualified. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. All completed Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete Entries will not be accepted and are void. Sponsor is not responsible for lost, late, incomplete, illegible, inaccurate, invalid, misdirected, undelivered or delayed Entries.

Participants must have a valid email address to enter and/or win. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s Entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.

ENTRIES POSTED TO THE CONTEST SITE REFLECT THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.

ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum entry requirements to be eligible. The Sponsor reserves the right in its sole and absolute discretion to reject, remove and/or disqualify any Entry that fails to conform to these requirements, guidelines and restrictions without any notification or warning.

  • Essay must be original.
  • Essay may not exceed 150 words.
  • Once an Essay is submitted, it cannot be modified or deleted by the Entrant.
  • Entry cannot contain content that is irrelevant to the purpose of the Contest.
  • Entry and Essay cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
  • Entry and Essay cannot be violent or promote firearms/weapons.
  • Entry and Essay cannot promote illegal drugs or tobacco.
  • Entry and Essay cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
  • Entry and Essay cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
  • Entry and Essay cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
  • Entry and Essay cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
  • Entry and Essay cannot depict illegal activity and cannot itself be in violation of any law.
  • Entry and Essay cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.

By submitting an Entry, entrants warrant, represent and agree that: (a) it is the Entrant’s original work and has been legally created; (b) it has not been previously published or distributed in any media; (c) it has not been entered in or won previous contests or awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (e) the entrant owns all rights, title, and interests in the Essay, including, without limitation, any copyrights, and represents and warrants that he/she has full authority to transfer all such rights to Sponsor if and as requested; (f) entrant will indemnify and hold harmless the Sponsor and Administrator from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or entrant’s conduct in creating the entry, the acceptance or use of any prize or otherwise in connection with this Contest; and (g) publication of the Essay via various media, including, but not limited to, posting on the Sponsor’s websites and social media sites, will not infringe on any third-party rights. Sponsor reserves the right to remove, reject or disqualify (along with the Entrants who submitted them) any Essay which, in its opinion or the opinion of the Administrator, violates these Official Rules or acts in a manner that is otherwise inappropriate, which shall be decided at the sole discretion of the Sponsor.

 

Except where prohibited by law, by participating in this Contest, Entrant grants Sponsor permission to use his/her name, Essay, hometown, photograph or image for future advertising and publicity purposes in any and all media without additional compensation, notification or permission. By submitting an Entry, Entrant grants the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Essay 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 Essay.

Entries made by any other individual or entity that is not the person named on the submitted Entry or made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest.

JUDGING & WINNER DETERMINATION: All eligible Entries received during the Contest Entry Period will be judged by the Sponsor, who shall use the judging criteria set forth below:

  1. Incorporates Ponga Brand Spirit (50%)
  2. Creativity (40%)
  3. Writing Skills (10%)

The Entry that receives the highest total score based on the judging criteria will each be deemed the potential Prize winner.

In the event of a tie, the tied Entry with the highest score in Criterion A, Incorporates Ponga Brand Spirit, will be deemed the potential Prize winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Prize winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) Prize available to be won. One (1) Prize winner will receive one (1) Yeti Panga 50 duffel. The ARV of the Prize is $299.99.

Yeti is a registered trademark of Yeti Coolers, Inc. Yeti Coolers, Inc. is not a sponsor of this Contest.

WINNER NOTIFICATION & VERIFICATION: The potential Prize winner will be notified on or about

Tuesday, July 31, 2018 via email and/or phone, and will be required to confirm his/her mailing address and date of birth. Noncompliance will result in disqualification and the Entrant who received the next highest total judging score will be deemed the potential Prize winner and will notified. The Prize will be awarded within approximately 45 days after verification.

If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to the entrant with the next highest judging score within his/her Entry Pool. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.

potential WINNERS ARE subject to verification by Sponsor AND/or Administrator whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE contest. an entrant is not a winner of any Prize unless and until entrant’s eligibility HAS been verified and entRant has been notified that verification is complete.

PRIZE CONDITIONS: Prize is not redeemable for cash. Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Winner is responsible for all federal, state, local and income taxes associated with winning prize.

Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, Essay, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

By accepting the prize, winner further agrees to release the Sponsor, Administrator, and their respective subsidiaries, affiliates, advertising and promotion agencies (collectively, the “Released Parties”) from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.

The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).

GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Released Parties and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. The winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.

No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant or will be treated as trade secrets, confidential information or as protected data.

Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant at any time during the Contest Period that may be found ineligible.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

PRIVACY: Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.thewinebowgroup.com/privacy/.

 

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by July 31, 2018, to: The Ponga Panga Adventure Contest Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

 

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after July 31, 2018), send a stamped, self-addressed envelope (no later than August 31, 2018), to: The Ponga Panga Adventure Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

 

SPONSOR: The Winebow Group, 31 West 27th Street, 7th Floor, New York, NY 10001.

CONTEST ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044.

 

Void outside the states of California, Colorado, Florida, Georgia, Illinois, Maryland, Massachusetts, North Carolina, New Jersey, New York, Ohio, South Carolina, Texas, Virginia, West Virginia and the District of Columbia (D.C.) and wherever else prohibited by law.

G’day

Welcome to Ponga

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