HOBNOB “Capture the Night” Contest (the “Contest”)
Must be 21 years of age or older. No purchase necessary
Must have internet connection

ENTRY: Contest begins approximately 12:00 p.m. Eastern Standard Time (“EST”) on 10/01/09 and ends approximately 11:59:59 p.m. EST on 01/10/10 (the "Promotion Period"). To enter, submit three digital pictures which, in your opinion, best captures the night whether on the town, at home, or anywhere with you and/or your friends. Submit your pictures, along with a short caption of the night’s events, at www.hobnobwines.com. You must also include your name, home address (no P.O. Boxes), city, state, zip code, telephone number, and date of birth.  There is a limit of one entry per person. By entering and participating in the Contest, you agree to be bound by these Official Rules and the decisions of the judges. By submitting your pictures, you are conveying ownership rights to the pictures to the Sponsor including the right to edit, publish for any reason, and otherwise use or not use the pictures in any manner, without further permission, consideration or payment to you. No pictures will be returned or acknowledged.  All entries must be received by 11:59:59 p.m. EST on 01/10/10. No purchase is necessary to enter but an internet connection is required. Incomplete entries will not be accepted. The use of automated entry devices of any kind is prohibited. The Sponsor and its agencies are not responsible for entries that are not received due to technical/transmission difficulties, or for late, lost, incomplete, or misdirected entries.

ELIGIBILITY: Contest open to legal U.S. residents, excluding residents of AK, CA, HI, TN, and UT, 21 years of age or older. Employees of Hob Nob Wine Company (“Sponsor”), its parents, subsidiaries, affiliates, advertising/promotion agencies, any alcohol beverage wholesaler or retailer, and the immediate family members of each are not eligible. Contest open to amateur photographers only. Professional photographers (persons who have been paid for their photographs or who belong to a professional photography club or organization) are not eligible. Only one (1) person shall be named on the Contest entry (“Entrant”). No group submissions or collaborations are permitted.  In the event of a dispute as to the identity or eligibility of an Entrant, the submission will be declared made by the authorized account holder of the e-mail address used to enter the Contest who will be determined as the natural person twenty-one (21) years of age or older who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization. Neither Sponsor nor any of its affiliates are liable for any disputes between collaborators related to a submission.

SPECIFICATIONS: Create three (3) digital pictures illustrating the theme, “Capture the Night.”  All pictures must be taken between 10/01/09 and 01/10/10. All pictures must be submitted in JPEG format with a minimum resolution of 300 dpi not to exceed a total of 5MB in size. The subject matter of each picture must be relevant to the theme. Acceptable content includes, but is not limited to, nightlife at a club, bar, restaurant, or any other place; outdoor activities; activities with friends; and activities at home. All pictures must be original, non-published, and not previously entered into any contest or competition. All persons appearing in any picture must be 21 years of age or older. Pictures that are lewd, obscene, profane, pornographic, disparaging, indecent, depict competitive products or that are otherwise deemed inappropriate by Sponsor, in its sole discretion, will be disqualified at the Sponsor’s sole discretion.   

JUDGING AND SELECTION OF WINNERS: All eligible entries will be judged and winners (“Winner”) will be selected based on the following judging criteria: (1) Relevancy to the theme: (0-10 points); (2) Originality/Creativity: (0-10 points); Technical Quality: (0-10 points). The entry receiving the highest total score will be deemed the First Prize Winner. Three (3) runners up will be determined by the next three highest scores. In the event of a tie, the tied entries will be re-judged based on Originality/Creativity: 1-15 points. Entries will be judged by personnel selected by Sponsor whose decisions are final and binding in all matters. Judging will be completed on or about 01/31/10. Winners will be notified via phone, e-mail, or in writing via US Mail or some other form of home delivery within five (5) days of judging.

PRIZES: First Prize: One (1) prize package consisting of: (i) roundtrip coach airfare for Winner and  Winner’s Guest (“Guest”) from the major airport closest to Winner’s residence to Los Angeles, California including ground transportation to and from airports; (ii) 3 nights at The Standard, Downtown LA Hotel (double occupancy); (iv) two (2) VIP access passes to one of LA's hottest nightclubs; (v) two (2) passes to the Los Angeles Museum of Contemporary Art; (vi) two(2) tickets to a concert or theater in the area to be selected by Sponsor, and (vii) $400 cash for expenses not included as part of the First Prize. Approximate Retail Value (“ARV”) of First Prize: $3,000.00. ARV can vary depending upon city of departure. If Winner resides within 250 miles of Los Angeles, California, ground transportation will be provided in lieu of airfare and no cash difference will be awarded. Second Prizes: Three runners up will each receive one (1) Hob Nob branded Flip Mino HD™ personal camcorder. ARV of each Second Prize: $229.99.

RESTRICTIONS AND CONDITIONS: Winner must use First Prize by 06/30/10 or First Prize will be forfeited. Any difference between the stated ARV of any Prize and the actual retail value will not be awarded. Any expenses not expressly stated herein as part of any Prize, including, but not limited to, meals, additional transportation, rental car, activities, parking costs, taxes, and gratuities, are the sole responsibility of the Winner. First Prize Winner and Guest must travel together (air and ground) and attend all events together. Guest has no independent rights to the First Prize or any portion of the First Prize. Sponsor is not responsible for weather conditions, travel and/or activity cancellations, delays and/or postponements. If any portion of any Prize is unavailable, delayed, cancelled or postponed for any reason, that portion of the Prize is forfeited in its entirety and no substitution or cash difference will be provided except in Sponsor’s sole discretion.  No cash alternative will be awarded, except at the sole discretion of Sponsor. No part of any Prize includes alcoholic beverages. First Prize Winner and Guest are solely responsible for their own actions including, without limitation, the consumption of alcoholic beverages and conduct at any public facility or venue. Components of the First Prize are to be used solely to attend the specific events awarded as the First Prize. No refunds or value will be provided if any component of any Prize including, but not limited to airfare and transportation, is not or cannot be used, or is otherwise declined. No transfer or assignment of any Prize is permitted except at the sole discretion of Sponsor. Sponsor makes no warranty with respect to any component of any Prize. Sponsor will report the actual value of Prizes awarded as required by law. All taxes are the sole responsibility of the Winner.

All Winners and Guest must be 21 years of age or older and will be required to complete and return an Affidavit of Eligibility, Liability Release, and Publicity Release. If Sponsor is unable to contact potential winner within five (5) days from date of first notification attempt, or if the potential prize winner (i) fails to complete and return all requested documents by the specified date, (ii) is found to be ineligible, or (iii) fails to comply with the Official Rules, his/her Prize will be forfeited and an alternate winner will be selected. If the Prize notification letter is returned as undeliverable, Prize will be forfeited. Acceptance and use of Prize constitutes permission (where allowable) for the Sponsor to use Winners’ and Guest’s name, photograph, likeness, statements, biographical information, voice and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation.

By submitting the pictures in this contest, Entrant irrevocably grants and conveys to Sponsor and its affiliates, legal representatives, assigns, agents and licensees, full ownership rights to the pictures which includes the right to use, reproduce, edit, blur, copy, transmit, publish, translate, broadcast, display, publicly exhibit and otherwise reuse without limitation, the pictures, in any and all media (now known or later developed) including, but not limited to, editorial, public relations, promotional and advertising, including the internet, as well as to use Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participating in the contest (with or without using the Entrant’s name) in any and all media without limitation as to time or territory, and without additional compensation to, or approval from, the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of the pictures, and agrees not to sue or assert any claim against the Sponsor for the use of any of the pictures submitted or for Sponsor’s use of Entrant’s Likeness or statements. By submitting the pictures, Entrant warrants and represents that the pictures are original and his/her own work and do not infringe upon any third party’s copyright or any other rights. By submitting the pictures, Entrant warrants and represents that he/she is the photographer of the submitted pictures and that he/she has obtained permission from any holder of copyrights, trademarks and other rights in materials or other items depicted in the pictures and permission from any individuals appearing in the pictures agreeing to waive and forego any and all rights to the pictures, their likenesses appearing thereon, and any rights of privacy necessary for Sponsor to publish or use the pictures in any media worldwide. Entrant agrees to indemnify and hold Sponsor harmless for any claims made to Sponsor as a result of Entrant breaching any representation, covenant, or warranty made to Sponsor as set forth herein.

LIMITATIONS OF LIABILITY: Contest is subject to all applicable federal, state and local laws.  By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in regard to the mechanics of the contest or the interpretation of these Official Rules.  Winners and Guest also agree to release, discharge, indemnify and hold harmless the Sponsor, its affiliates and their respective directors, officers, employees and agents, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any part of any Prize, or participation in the Contest. Any person attempting to defraud or in any way tamper with the mechanics or logistics of the Contest will be declared ineligible and may be prosecuted. In no event shall Sponsor be liable for: (a) telephone, electronic, hardware or software program, network, Internet or computer malfunction, technical errors or by any human error which may occur in the processing of the Contest, votes, or the incorrect or inaccurate capture of Contest entries or other information, or the failure to capture any such information; (b) failed, incomplete, garbled, corrupted or delayed computer transmissions; (c) lost, late, misdirected, incomplete or illegible Contest entries; or (d) any condition caused by events that may cause the Contest to be disrupted or corrupted. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest, or any portion thereof, should computer hardware or software malfunctions (such as, but not limited to, viruses, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt or hamper the administration, security or proper play of the Contest, and select a Winner from entries received prior to the action taken, or in such other manner as deemed fair and appropriate by Sponsor, in its sole discretion.  Any and all disputes, claims and causes of action arising out of or connected with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action. Claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees.

 

LIST OF WINNERS: For the names of Winners, send a self-addressed, stamped envelope by 1/20/10 to: Hob Nob Wines “Capture the Night” Contest, 594 Broadway, Suite 1212, New York, NY 10012

SPONSOR: HOBNOB Wine Company, White Plains, NY