Rules

2009 MARKHAM VINEYARDS MARK OF DISTINCTION CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY

1. HERE’S HOW IT WORKS: Submit a 300-word-or-fewer essay explaining a community-based philanthropic activity/organization you would implement or how you would expand and/or complete a community project already in existence. Note: Philanthropic activity/organization indicated in essay must be an approved IRS Non-Profit/tax exempt organization. Your essay must be accompanied by a brief budget outlining how $25,000 in prize money would be used to accomplish the ideas expressed in your essay. Up to ten finalists’ essays/budgets will be posted online. Website visitors will be invited to vote for the project they believe to be most impactful and most feasible. See below for further details.

2. ELIGIBILITY: This promotion is open only to residents of the 50 United States or the District of Columbia, 21 years of age or older at time of entry. Employees of Markham Vineyards, its affiliates, subsidiaries, advertising and promotion agencies and their immediate family members and/or those living in the same household of each are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law.

3. HERE’S HOW TO ENTER: Beginning 12:01 a.m., ET, on 4/1/09, visit www.MarkhamMarkofDistinction.com and follow the on-screen instructions to complete the entry form and submit your entry into the contest online. Submissions must be in English. Entries must be received by 12:01 a.m., ET, on 6/30/09. Budget will be judged but will not count toward 300-word essay limit. All material submitted becomes property of Sponsor and will not be returned. Submission must be your original work that has not been previously published nor won a prize or award. Enter as often as you like but each entry must be different and must be submitted separately.

4. WINNER DETERMINATION:

JUDGING: All eligible entries will be preliminarily judged by representatives of the sponsor to determine up to 10 finalists, based on the following criteria: originality & creativity of essay – 50%; appropriateness of essay to theme – 30%; feasibility of bringing project to fruition as evidenced by budget – 20% .

ONLINE VOTING TO DETERMINE GRAND PRIZE WINNERS: Beginning 12:01 a.m., ET, on 7/27/09 through 12:01 a.m., ET, on 8/24/09 essays and budgets of the 10 finalists will be posted on www.MarkhamMarkofDistinction.com. Website visitors will be given the opportunity to vote for their favorite entry based on the project they feel is most impactful and most feasible for execution, as evidenced in the budget. Limit one vote per e-mail address per day. If more than one vote is received per person per day, only the first vote received will be eligible. The two finalists who receive the highest scores from online voters will be deemed the Grand Prize winners. In the event of a tie, the tie will be broken based on the highest finalists’ scores as determined by representatives of the sponsor.

5. PRIZES AND RETAIL VALUE: Two Grand Prizes are available to be won. Winners will each receive $25,000 for use in the execution of the project outlined in the winning essay. Of this prize, each winner will receive an initial $5,000 to be used for start-up expenses. The remaining prize monies will be awarded by the Sponsor to the winner and/or contractors/vendors as work progresses and is completed. Winner may be requested to submit written documentation of work as it progresses and upon completion. Activity/organization must adhere to all applicable laws and regulations pertaining to permits, approvals and codes. Sponsor is not liable for activity components not meeting the aforesaid requirements. Sponsor reserves the right to alter/amend activities for feasibility, thematic appropriateness and other purposes relating to conformance to the original proposal and budget. Sponsor may request receipts from winner/contractors/vendors. If project is not commenced in a timely manner or winner no longer participates in the project, the remaining portion of the prize will not be awarded. Construction, plumbing and electrical contractors associated with the project must be licensed. In addition, each Grand Prize winner will be honored during an event to be held in the winner’s hometown, or the location of the community project. Limit one prize per person or household.

6. GENERAL RULES: Each potential winner will be awarded only for the submission, that the submission has not been previously published, has not won a previous prize or award and that he/she has followed the official rules of the contest. Winners will also be required to provide a project timeline and schedule along with the plan of action. In the event that work on the project does not take place in accordance with the submitted schedule/timeline, winner may be required to return the advance payment of $5,000. Additionally, potential winners will be required to complete a Prize Acceptance Form and a Publicity Release. A Release of Liability will be required from a director or officer of the community organization under whose auspices the project will fall. Failure to provide the required form and releases will result in disqualification without further notice. All documents must be completed and returned within 7 days of attempted delivery of same. Noncompliance within this time period or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate potential winner will be selected. Winners will be notified by mail. No substitution or transfer of prize by winner permitted. Sponsor reserves the right to substitute prize of equal or greater value. Any applicable federal, state, and local taxes are the sole responsibility of community organization. By accepting prize, winner agrees to release and hold Sponsor, its respective directors, officers, employees and assigns, harmless from and against any and all claims and liability arising out of use of prize. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption of any prize. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade including possible use on product packaging, without further compensation, unless prohibited by law. Entrants agree to release, discharge and hold harmless Sponsor, its respective directors, officers, employees and assigns, from and against any and all liability and damages. By participating in this promotion, entrants agree to be bound by the Official Rules and the judges’ decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any contest materials and the terms and conditions of theOfficial Rules,the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded.

7. WINNERS: For the names of the winners, available beginning 9/2/09, visit www.MarkhamMarkofDistinction.com.

SPONSOR: Markham Vineyards, 2812 Saint Helena Hwy N., St. Helena, CA 94574.

NOTICE TO ONLINE ENTRANTS/VOTERS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Not responsible for faulty, incorrect or mistranscribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the promotion. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/judging agency/administrator, in their sole discretion. If technical malfunctions or suspect voting/irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award prizes based solely on the finalist judging scores or non-suspect votes. In the event of termination, a notice will be posted online and entries will be judged from among all eligible on-line entries received prior to termination. Any damage made to the web site will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries/votes will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation/voting will void all such submissions/votes by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation/voting as stated herein or with any provision in these Official Rules.