Contest Rules

“LIVE IN THE VINEYARD” – ULTIMATE ACCESS – NAPA VALLEY, CALIFORNIA PROMOTION – November 7 -9 2009

Live In The Vineyard Sweepstakes

OFFICIAL RULES

No Purchase Necessary To Enter or Win.

A purchase will not increase your chances of winning. 
Void where prohibited.  U.S. Law Governs.
Open only to legal residents of the contiguous United States and the District of Columbia, 21 and older.

HOW TO ENTER.  To enter, go to www.liveinthevineyard.com, fill out our online entry form and click “submit” from 5:00 p.m. eastern time (“ET”) on September 1, 2009 to NOON ET on October 7, 2009 (the "Entry Period").  You can only enter this sweepstakes by online entry.  Limit one entry per person. Proof of submission will not be deemed to be proof of receipt.  All entries and requests become the property of Sponsor and will not be acknowledged or returned.  Multiple entries submitted by a single person during any particular entry period using the same e-mail address are void.  In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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.

Conditions of Entry / Eligibility To Win.  Entrants agree to abide by the terms of these Official Rules and by the decisions of judges which are final.  This sweepstakes is open to legal residents of the U.S.A. or the District of Columbia who are at least 21 years of age at time of entry, except wherever prohibited or restricted by law.  This sweepstakes is intended for play in the United States only and shall only be construed and evaluated according to United States law.   Do not enter this sweepstakes if you are not located in the United States.  By participating in the sweepstakes, entrants (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 its judging organization, which are final and binding in all matters.  Employees of Sponsor, or its subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, employees of Atlantic Records, Capital Music Group, Universal Music Group, Jive Records, Sony Music Entertainment, Warner Music Group, Downtown Records, and Vanguard Records, BSG Entertainment, Navigator Company and members of their immediate family (e.g., spouses, parents, children, siblings, grandparents) or household (i.e., people who share the same residence at least 3 months a year (whether related or not), and those with home such employee is domiciled, are not eligible to win.  Entries that are incomplete or corrupted are void and will not be eligible.  Any effort by an entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify all entries of such individual.  Sponsor and its agents reserve the right to verify eligibility qualifications of any winner.  Failure to comply with these Official Rules may result in disqualification from the sweepstakes.  This Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Void where prohibited by law.

Special Publicity Notice.    By entering this sweepstakes you grant to Sponsor your express permission (except where prohibited by law) to use your original submission on the radio for entertainment purposes (without identifying you by full name), without further compensation.  Also, by entering this sweepstakes, if you are selected as a finalist or a winner, you grant to Sponsor your express permission(except where prohibited by law) to use your name, identity, description of prize won, hometown and likeness, if applicable, for promotional purposes, in any media now known or hereafter developed, including on the radio, and including for “live notification” of potential winner status purposes, without further compensation.  Even though you consent to all of the above, Sponsor has no obligation to do any of it.  See more details at “Winner / Selection / Agreements” below.

Prize.   One (1) Grand Prize will be awarded, consisting of (a) round-trip coach air transportation for two to Oakland, CA, San Francisco, CA, or Sacramento, CA (the "Destination") from a major commercial airport in the continental United States, near the winner’s primary residence, as determined by Sponsor; provided that Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination; (b) three (3) nights hotel accommodations at the Silverado Resort (one double occupancy room and room tax only); (c) two (2) exclusive tickets for a private acoustic concert which, as of the posting of these Official Rules prior to the start of the Entry Period is expected to include David Gray, Green River Ordinance, Kimberly Caldwell, Blue October, Uncle Kracker, Parachute, A Fine Frenzy, Kris Allen, Collective Soul in Napa Valley, CA on November 7 and November 8, 2009; and (d) two (2) passes to tour the famous caves of the Miner Winery.  (TOTAL Approximate Retail Value (ARV) = $3,000).   All other expenses not mentioned herein, including without limitation, ground transportation, meals, additional hotel amenities, fees and gratuities, are the responsibility of the winner and traveling companion. Travel and hotel accommodations are subject to availability. Certain blackout dates and material restrictions may apply.  Dates and location of Event are subject to change and are not the responsibility of Sponsor.  If the Event is cancelled, Sponsor’s only obligation is to award the other elements of the prize.  If selected, and Grand Prize winner is unable to travel on dates specified -- tentatively scheduled for November 7, 2009 through November 10, 2009 -- the selected Grand Prize winner will forfeit the prize and another winner will be selected from among eligible entries received.  No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by Sponsor who may substitute a prize of equal or greater value if any portion of the advertised prize becomes unavailable.   In no event shall more than the number of stated prizes be awarded.  All prizes will be awarded.   Any un-used elements of the Grand Prize will be forfeited, will not be redeemable for cash and may not reduce the prize value awarded for tax purposes.  All federal, state, local and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner.  Taxes are the responsibility of the winner. If you win a prize valued at more than $600, you will receive an IRS Form 1099 for the actual value of your prize.  Actual retail value of prize depends upon location of winner and fares at time of departure, among other things.

Odds.   Odds of winning depend upon the number of eligible entries received during the Entry Period.  This sweepstakes is being advertised on the radio stations listed on www.liveinthevineyard.com nationally.  Stations may be amended at any time during this contest.

Winner / Selection / Agreements.  The winner will be determined in a random drawing to be held on or about October 7, 2009 following the close of the Entry Period from among all eligible entries received under the supervision of an independent panel of judges from Sponsor whose decisions are final and binding in all matters relating to this sweepstakes.  Winner will be notified by telephone and must then give a postal address, to be used for the purpose of sending an overnight package containing a notification of potential winner status and required documents.  Except where prohibited, acceptance of prize constitutes winner’s consent, and winner and its guest will be required to sign a release, to allow Sponsor and its promotional agents to use winner’s and winner’s guest’s name, likeness, photo, video footage, and/or biographical data for advertising and promotional purposes, without additional compensation, in perpetuity, in all media, now known or hereafter developed, in connection with Sponsor, this sweepstakes, the Sponsor’s web sites, and the Event. Winner and winner’s guest(s) will be required to sign and return to Sponsor Affidavits of Eligibility, Publicity & Liability Release for each of Sponsor and Navigator Company (“Affidavits”) and/or IRS Form W-9 (if required by IRS regulations), prior to and as a condition of acceptance of prize, within 72 hoursof receipt of notification or prize will be forfeited and an alternate winner selected.  Trip winner’s guest must also sign and return a liability and publicity release prior to travel.  Prize will be awarded within 30 days after receipt and verification of completed prize notification.  If prize notification is undeliverable, or if winner cannot be contacted for any reason during the time Sponsor must reach winner, if the Affidavits are not complete and received by Sponsor within the time required, or in the event of non-compliance with these Official Rules, the prize will be forfeited, and an alternate winner will be selected at random from the remaining eligible entries.  All travel companions must be at least 21 years old at time of travel.

Privacy Notice / Marketing.  By entering this sweepstakes, any personal information you submit will be disclosed to the Sponsor, and will be used only by us consistent with our privacy policies.  Sponsor may use your personal information, including postal and e-mail addresses, to contact you regarding our goods and services and any other offers and/or promotions that we believe might interest you. 

General Caution / Release.   Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.  If, in the judges’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this drawing, or if technical difficulties or technical corruption (including a computer virus or system malfunction) compromise the integrity of the drawing, the judges reserve the right to terminate the sweepstakes and select winners from among all eligible entries received prior to termination.  Should the sweepstakes be terminated prior to the stated expiration date, notice will be posted at www.liveinthevineyard.com .  Any attempt to deliberately damage the content or operation of this drawing is unlawful and subject to legal action by the Sponsor and its agents.  Judges’ decisions are final in all matters relating to this sweepstakes.  You agree, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives, successors and assigns (“RELEASING PARTIES”), hereby release, and agree to defend, indemnify, and hold harmless the Sponsor, those working on its behalf, and all other businesses involved in this sweepstakes, as well as each of their respective employees, officers, directors, agents and representatives, successors and assigns (“RELEASED PARTIES”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, including for injury and death, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against RELEASED PARTIES which any one or more of the RELEASING PARTIES ever had, now have or hereafter can, shall or may have, whether known or unknown, asserted or non-asserted, which may in any way arise out of or relate to your participation in this sweepstakes or the awarding, acceptance and use or misuse of a prize.

Disclaimer of Liability.  Sponsor shall not be responsible for (i) any typographical or other error in the publishing or printing of the offer, administration of the sweepstakes or in the announcement of any prize; (ii)  lost, late, misdirected, damaged, illegible or incomplete entries,  or postage due mail; (iii) error, 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 of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iv) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the sweepstakes; or (v) the failure of any third party to comply with the instructions and proper administration of this sweepstakes.  You agree that the RELEASED PARTIES (defined above) shall not be liable for any injury, including death, loss or damage of any kind caused or claimed to be caused, by participation in this sweepstakes, or from the acceptance or use or redemption of any prize, including travel and accommodations provided by independent suppliers. In the event Sponsor and its agents are prevented from continuing with the sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, 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) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within their control, Sponsor and its agents shall have the right to modify, suspend, extend or terminate the sweepstakes.

Law / Dispute Resolution.   This sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A., without regard to its conflicts of laws provisions that may require the application of the laws of another jurisdiction.   Any and all disputes, claims, and causes of action arising out of or in connection with this sweepstakes shall be resolved individually, without resort to any form of class action. Any action or litigation concerning this sweepstakes shall take place exclusively in the federal or state courts sitting in New York, New York, and you expressly consent to the jurisdiction of and venue in such courts and you waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. You agree to service of process by mail or other method acceptable under the laws of the State of New York.  ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

Winners List.  For the name of the winner, available after October 7, 2009, send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this sweepstakes, but within 45 days of the above estimated drawing date  to the Sponsor at the address set forth below, Attention:  Promotions Department.

SPONSORS.  The Sponsors of this promotion are The Texas Navigator Company, 517 Sky Ridge Drive, Argyle, Texas  76226 and BSG Entertainment, 5671 Sawdust Loop, Parker, CO 80134