All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Valley of the Moon, which are final and binding on all matters pertaining to this Promotion. Winner may be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where legally permissible, a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that he/she will sign any documents necessary to transfer copyright of the entry to Valley of the Moon within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Valley of the Moon and its agencies to use winner's name and/or likeness, biographical material, and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Valley of the Moon, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Valley of the Moon is not responsible for any printing, typographical, mechanical, or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
Valley of the Moon is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Valley of the Moon or presenter on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Valley of the Moon reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Promotion. Valley of the Moon reserves the right to select winners from eligible entries received as of the termination date. Valley of the Moon further reserves the right to disqualify any individual who tampers with the entry process. Valley of the Moon may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to abuse, threaten, or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Valley of the Moon reserves the right to seek damages from any such participant to the fullest extent of the law.
6. DISPUTES/CHOICE OF LAW:
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (3) no punitive, incidental, special, consequential, or other damages, including without limitation lost profits, may be awarded (collectively, "Special Damages"); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California State law, without reference to California’s choice of law rules, governs the Promotion and all aspects related thereto.
7. VALLEY OF THE MOON:
The Valley of the Moon of this Promotion is Valley of the Moon Winery, Glen Ellen, CA. 95442