Official Rules

OFFICIAL SWEEPSTAKES RULES

Dana Point Festival 2023 Official Wine Sponsor JaM Cellars Ticket Giveaway

I accept the terms, conditions and official rules. I confirm I am at least 21 years old. By entering the

Internet Sweepstakes (“Sweepstakes”), I agree to sign up to receive newsletters and special offers from

JaM Cellars.

NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR

PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. NO ALCOHOLIC BEVERAGES ARE

AWARDED AS PART OF ANY PRIZE.

Sweepstakes prizes shall not be awarded to an authorized licensee, retail licensee, wholesale licensee,

state or local alcohol beverage licensee or agent, officer, employee, or family member of an authorized

licensee, retail licensee, or wholesale licensee as such terms are defined in the California ABC Act

(including Sections .25600.1 and 25600.2)

The sweepstakes is accessible online by visiting JaMCellars.com/EnterToWin. Manual entries are

accepted by writing to: Marketing Department, JaM Cellars, 1300 First St. Suite 468, Napa, CA 94559.

Questions? Send us an email.

CONSUMER DISCLOSURE

You have not yet won.

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT

LEAST 21 YEARS OLD AS OF THE DATE OF ENTRY

By entering this Sweepstakes entrants accept and agree to be bound by these Official Rules. Any

violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges

regarding this Sweepstakes are final and binding in all respects.

Sweepstakes starts September 1, 2023 at 8:00am PT and closes September 18, 2023 at 11:59pm PT,

when all entries must be received (“Promotion Period”).

1. ELIGIBILITY. Sweepstakes is open only to legal residents of the 50 United States and District

of Columbia who are at least twenty-one (21) years of age at time of Sweepstakes Entry.

Employees, officers and representatives of the Sponsor, and each of their respective parents, affiliates,

subsidiaries and web-design, advertising, marketing, fulfillment, judging and promotion agencies, or

other agency involved in the administration, development, fulfillment and execution of this

sweepstakes, and their immediate family members, as defined below, of each, and those persons living

in the same households, whether or not related, are not eligible to participate in the Sweepstakes.

“Immediate family members” shall mean parents, step-parents, children, stepchildren, siblings, stepsiblings,

or spouses, and their respective spouses. “Household members” shall mean people who share

the same residence at least three (3) months a year. This Sweepstakes is void outside the 50 United

States and the District of Columbia, and where prohibited.

Licensed distributors or retailers of alcoholic beverages, state or local alcohol beverage agencies and

their respective employees, are not eligible to participate in the Sweepstakes as such terms are defined

in the California ABC Act (including Sections .25600.1 and 25600.2). Winning a Prize is contingent on

fulfilling all requirements in these Official Rules. All federal, state and local laws and regulations apply.

Void where prohibited or restricted. All Sweepstakes Entries are the property of the Sponsor.

By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any

violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the

Sponsor regarding this Sweepstakes are final and binding in all respects.

2. HOW TO ENTER. Visit: JaMCellars.com/EnterToWin during the Sweepstakes Period and follow

the instructions to complete and submit the entry form. All entries become the property of the Sponsor

and will not be acknowledged or returned. Limit: One entry per person during the Promotion Period,

excluding bonus entries. All entrant information, including e-mail addresses, is subject to the respective

Privacy Policy of the applicable Sponsor.

3. WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by random

drawing from all eligible entries. The drawing will take place on the following date: 9/19, 12pm PT (the

“Drawing Date”). Any potential winner will be notified by email. If a potential winner: (i) cannot be

contacted; (ii) does not respond within 24 hours from the date the Sponsor first tries to notify him/her;

(iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the

prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the

Sweepstakes or receive the prize, and an alternate potential winner may be selected. Upon contacting a

potential winner and determining that he/she has met all eligibility requirements of the Sweepstakes,

including, without limitation, the execution of required waivers, publicity and liability releases and

disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual

will be declared the “winner” of the Sweepstakes.

Deleted: S

4. PRIZE DESCRIPTION AND REDEMPTION CONDITIONS. There is a total of one (1) prize (“Prize”)

available during the Sweepstakes. Potential winner will be selected the day following a complete Entry

Period to enter for a chance to win two(2) 3-Day general admission tickets to attend Ohana Festival at

Doheny State Beach in Dana Point, CA scheduled to take place September 29 – October 1, 2023

(“Festival”). Alcohol is not awarded as a prize.

Approximate Retail Value (“ARV”) of the prize in this sweepstakes is $958. Contents of prize package are

subject to change. There is no cash value for the prize. No substitution, assignment or transfer of the

prize is permitted, except by Sponsor, who has the right to substitute a prize with another of

comparable or greater value.

Parking, travel and accommodations not included and are the sole responsibility of winner and guest.

Winner and guest must be at least twenty-one (21) years old and must abide by all venue/Festival

policies: https://ohanafestival.zendesk.com/hc/en-us. Live Nation reserves the right to revoke full or

partial prize from any winner or winner’s guest who it and/or venue/Festival personnel deem may, in

their sole discretion, be intoxicated, be a safety risk, have violated any venue/Festival policy or law,

and/or may bring Live Nation into disrepute. Winner understands that there are inherent risks involved

in being in public spaces and that these risks may be present before, during and after the Festival.

Resale of tickets is prohibited. By claiming tickets, you agree to Front Gate’s Terms of Use and to abide

by the health and safety measures in effect at the time of the Festival, which may include, but not be

limited to, wearing masks, providing proof of vaccination status and/or providing proof of negative

COVID-19 status. Should the Festival be canceled, you will be notified as soon as reasonably possible.

JaM Cellars is not responsible for any travel expenses related to attending the Festival including but not

limited to ground transportation, parking, or food and beverage.

5. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole

responsibility.

6. ODDS OF WINNING. The odds of winning depend on the number of eligible entries received per

each Entry Period.

7. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or

redeemable for cash, will not be replaced if lost or stolen, and cannot be applied to existing credit

balances. Any portion of the prize that is not used is forfeited. No substitutions for prize except by

Sponsor, in which case a prize of equal or greater value will be substituted.

8. CONSENT AND RELEASE. By entering the Sweepstakes, each entrant releases and discharges the

Sponsor, judging organization (if applicable), Live Nation Worldwide, Inc. (“Live Nation”), C3 Presents,

LLC, Eddie Vedder, Ohana Music Festival Holdings, LLC, Doheny State Beach, California Department of

Parks and Recreation, the State of California, and each of their respective parents, members, partners,

affiliates, divisions and subsidiaries, and their respective officers, directors, managers, shareholders,

employees, agents and representatives (collectively “Ohana Festival”) and any other party associated

with the development, or administration, prize provider, or promotion of this Sweepstakes, their parent,

subsidiary, and affiliated entities, and each of their respective officers, directors, members,

shareholders, employees, independent contractors, agents, representatives, successors and assigns

(collectively, “Released Parties”), from any and all liability whatsoever in connection with this

Sweepstakes, including, without limitation, legal claims, costs, injuries, losses or damages, demands or

actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction

or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively,

“Claims”). Except where prohibited: (i) entry into the Sweepstakes constitutes the consent of the

entrant, without further compensation, to use his/her name, likeness, biographical data, and contact

information (including any email address provided by entrant) for editorial, advertising, marketing,

publicity, and administrative purposes by the Sponsor and the participating company (Ohana Festival) ;

(ii) acceptance of a prize constitutes a release by any winner of the Released Parties of any and all

Claims in connection with the administration of this Sweepstakes and the use, misuse, or possession of

any prize; (iii) any potential winner shall be required to sign an affidavit of eligibility (including social

security number)and a liability/publicity release, including a release of any claims for personal injury or

otherwise relating in any way to the receipt of the services or the usage of the products awarded

through this Sweepstakes; and (iv) if prize involves travel or activities, any potential winner and travel

companion (if applicable) may be required to execute releases of the Sponsor from any and all liability

with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases

must be returned within 24 hours from the date that Sponsor first try to notify the potential winner.

Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance

with these rules. By entering, you agree to cooperate reasonably with any such background check. If the

prize includes participation in any public event(s) or publicity, or if Released Parties intend to publicize

the winner in any way, and if a background check reveals that a potential winner has engaged in conduct

that could damage the reputation or business of any of the Released Parties, as determined by Sponsor

in its discretion, the potential winner may be disqualified, and the prize may be awarded to an alternate

winner.

9. DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect,

garbled, or incompletely received, for any reason, including by reason of hardware, software, browser,

or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the

event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail

address submitted at the 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, online service provider, or other

organization(e.g., business, educational institute) that is responsible for assigning e-mail addresses for

the domain associated with the submitted e-mail address.(ii) Sponsor, in its sole discretion, reserves the

right to disqualify any person tampering with the entry process or the operation of the web site or

otherwise attempting to undermine the legitimate operation of the Sweepstakes. Moreover, use of bots

or other automated processes to enter is prohibited and may result in disqualification at the sole

discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the

Sweepstakes if it is not capable of completion as planned, including by reason of infection by computer

virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. (iv)

Released Parties are not responsible for errors in the administration or fulfillment of this Sweepstakes,

including without limitation mechanical, human, printing, distribution, or production errors, and may

cancel, terminate or modify this Sweepstakes based upon such error at its sole discretion without

liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified

in these rules. (v) In the event this Sweepstakes is cancelled or terminated, pursuant to sub paragraph

(iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible

entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi)

RELEASED PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED,

IN FACT OR IN LAW, AS REGARDS THIS SWEEPSTAKES OR THE MERCHANT ABILITY, QUALITY OR FITNESS

FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii)

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE

THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL

LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES

AND DAMAGES (INCLUDING WITH OUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO

THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the

prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s)

thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and

cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more

than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise.

No substitution or compensation will be given for any portion of the prize that is not used.

10. APPLICABLE LAWS AND JURISDICTION. This Sweepstakes is subject to all applicable federal,

state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and

enforceability of these Official Rules shall be governed by the laws of the State of California, without

regard to any principles of conflict of laws. All disputes arising out of or connected with this Sweepstakes

will be resolved individually, and without resort to class action, exclusively by a state or federal court

located in San Francisco, California. Should there be a conflict between the laws of the State of

California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-ofpocket

damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall

not include any indirect, punitive, incidental and/or consequential damages.

11. WINNER LIST. For a list containing the name of the winner(s), send a self-addressed stamped

envelope specifying the month you would like the winner list for within six (6) months of the month’s

Drawing Date, to: Winner List, JaM Cellars 1300 First St. Suite 468, Napa, CA 94559

12. SPONSORSHIP. This Sweepstakes is sponsored by JaM Cellars 1300 First St. Suite 468. Napa, CA

94559 (the “Sponsor”).

Live Nation and Ohana Festival are not Sponsors of this Sweepstakes and in no way responsible for the

administration of this Sweepstakes, the verification of winners or the fulfillment of prizing. All inquiries regarding the Sweepstakes should be directed to Sponsor.

13. SPONSORSHIP. This Sweepstakes is sponsored by JaM Cellars 1300 First St. Suite 468. Napa, CA

94559 (the “Sponsor”).