Terms & Conditions
LAST UPDATED: February 10, 2020
Website Terms and Conditions
Danby Wine Fridge Program:
TERMS AND CONDITIONS
OPEN ONLY TO ELIGIBLE LEGAL UNITED STATES RESIDENTS OF ALL STATES EXCEPT ALABAMA, ARKANSAS, CONNECTICUT, DISTRICT OF COLUMBIA, HAWAII, IDAHO, INDIANA, KENTUCKY, LOUISIANNA, MISSISSIPPI, MISSOURI, MINNESOTA, NEBRASKA, NEW MEXICO, NORTH CAROLINA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, VIRGINIA, WEST VIRGINIA AND WYOMING, WHO ARE AT LEAST 21 YEARS OLD AT THE TIME OF PARTICIPATION. VOID WHERE PROHIBITED OR RESTRICTED BY LAW INCLUDING PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS. OPEN ONLY FOR INDIVIDUAL CONSUMER PURCHASES.COMMERCIAL PURCHASES PROHIBITEd.
VALID WHILE SUPPLIES LAST.
LUXURY WINE COOLER DTC PROMOTION (“Promotion”) is sponsored by Treasury Wine Estates Americas Company (“Sponsor”), 555 Gateway Drive, Napa, CA 94558.
1. PROMOTION PERIOD: The Promotion begins at 12:00 PM Pacific Time (“PT”) on February 11, 2020 and ends at 12:00 PM PT on February 29, 2020 (“Promotion Period”). Promotion valid only while supplies last. The Administrator’s (defined below) computer is the Promotion official clock.
2. ELIGIBILITY: The Promotion is offered to residents of all states except ALABAMA, ARKANSAS, CONNECTICUT, DISTRICT OF COLUMBIA, HAWAII, IDAHO, INDIANA, KENTUCKY, LOUISIANNA, MISSISSIPPI, MISSOURI, MINNESOTA, NEBRASKA, NEW MEXICO, NEW YORK, NORTH CAROLINA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, VIRGINIA, WEST VIRGINIA AND WYOMING who are at least 21 years of age at the time of participation. State alcoholic beverage manufacturers, distributors, and retail licensees are not eligible to participate. Commercial purchases prohibited. Individual consumers only. All federal, state, and local laws apply.
PLEASE READ CAREFULLY. By participating in this Promotion, you agree to the following terms and conditions (“Terms and Conditions”). These terms govern your use and our provision of services under the Program. These Terms and Conditions are a contract between you and Treasury Wine Estates. Participation in this Promotion constitutes your full and unconditional agreement to these Terms and Conditions and Sponsor and Administrator’s decisions and interpretations, which are final and binding in all matters related to the Promotion. Participation is contingent upon fulfilling all requirements set forth herein. For purposes of the Promotion, a participant’s residential address and e-mail address will be the physical address and e-mail address submitted at registration. Participants will not be allowed to change their physical addresses or e-mail addresses.
3. HOW TO PARTICIPATE IN THE PROMOTION: During the Promotion Period, an eligible participant must visit treasurywineevent.com. To participate in the promotion, during the Promotion Period, a participant must purchase at least THIRTY SIX (36) bottles of select Provenance, Stags Leap, BV and Beringer wines (“Qualifying Purchase”). Once participant makes a qualifying purchase of wine and paid the $1 charge for the fridge, a wine event concierge will contact the participant to confirm details and arrange for wine fridge redemption. Thereafter, the wine fridge will be delivered to the address provided within the continental US in approximately SIX (6) to EIGHT (8) weeks. (Promotional item specs, size and model may vary depending on availability). Participant is responsible for providing a valid and trusted shipping address to accept the delivery of the promotional item. Sponsor is not responsible for any misdirected promotional items due to incorrect address. Promotional item will not be reshipped or replaced as a result. No address changes/adjustments will be accepted after information is provided to the wine concierge. The approximate retail value (“ARV”) of the promotional item is $320. Promotional item is a 36-bottle freestanding wine cooler. Available while sup plies last. Promotion is limited to one wine fridge per household.
4. LIMITATION OF LIABILITY: By participating in the Promotion, participants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each of their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, programming, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a Promotion Item; and (viii) submissions that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions.
By participating in the Promotion, each participant agrees: (i) to be bound by these Terms and Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, or participant’s participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Promotion Item (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed Promotion Items (or any element thereof); or (h) the negligence or willful misconduct by participant.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion. Without limiting the foregoing, everything regarding this Promotion, including each Promotion Item, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
5. DISPUTES: ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS PROMOTION, SHALL BE RESOLVED BY ARBITRATION IN NAPA, CA BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NAPA COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
7. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any participant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any attempted form of participation in this Promotion other than as in these Terms and Conditions is void . If it is discovered that a person has attempted to secure multiple promotional items, used multiple e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s registrations/accounts will be declared null and void. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Participants may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. "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 institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each participant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms and Conditions or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Terms and Conditions. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Promotion details contained in these Terms and Conditions and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Terms and Conditions shall prevail.
©2020 Treasury Wine Estates Americas and TWE Imports, Napa, CA.
©2020 Danby, All Rights Reserved.
Welcome to the treasurywineevent.com website. This website (‘Site’) is owned by Treasury Wine Estates (‘TWE’, ‘We’ or ‘Us’). The following website terms and conditions (‘Terms and Conditions’) govern the Site. We reserve the right to amend the Terms and Conditions from time to time and advise you to read these Terms and Conditions prior to every purchase from the Site.
You may only use this Site if you are aged 21 years or over or otherwise over the legal drinking age in your country of residence. If you are not of legal drinking age, please exit this Site immediately.
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This Site is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. This means that despite our best efforts, the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. TREASURY WINE ESTATES AMERICAS COMPANY (‘TWE’) MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TWE BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS OR GOODWILL RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS OR COMPUTER VIRUSES, IRRESPECTIVE OF WHETHER TWE KNEW OR SHOULD HAVE KNOWN OF THE LIKLEHOOD OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND THIRD PARTY CLAIMS. IF THE WARRANTY EXCLUSION OF LIMITATION OF LIABILITY OUTLINED IN THESE TERMS AND CONDITIONS IS DETERMINED BY COURT JUDGMENT OR ARBITRATOR’S WRITTEN OPINION TO BE UNENFORCABLE, YOU AGREE THAT TWE’S LIABILITY WILL NOT EXCEED TWENTY FIVE DOLLARS ($25.00) USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Transactions on Site
If you use this Site to purchase goods from us, we may require that you open an account and create a username and password. You are responsible for the confidentiality and use of your password. You agree to notify us immediately if you become aware of (a) any loss or theft of your username or password or (b) any unauthorized or illegal use of your username or password.
Acceptance of your order and finalization of the contract between you and Treasury Wine Estates occurs upon delivery of the wines you ordered unless we have notified you that your order is not accepted.
You understand and agree that we may comply with law enforcement requests or subpoenas regarding the use of the Site.
Wherever possible, these Terms and Conditions will be governed by the laws and regulations of the state of California.
If you have any questions about these Terms and Conditions, please contact us by filling out this form.