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Josh Cellars Custom Labels Program Terms & Conditions

LAST UPDATED: May 28, 2025

OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING ALABAMA AND GEORGIA), WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE.

VOID IN ALABAMA AND GEORGIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.

The cost per label is $3.79 (plus Sales Tax). PAYMENTS will be processed through the Shopify platform. All label orders are final sale. Labels cannot be returned and payments will not be refunded.

PROGRAM IS FOR PERSONAL USE AND FOR INDIVIDUAL CONSUMERS ONLY.

The Josh Cellars Custom Labels Program (“Program”) is offered by Deutsch Family Wine & Spirits (“Brand”), 201 Tresser Blvd., Suite 500 Stamford, CT 06901-3435, and is administered by Factory 360, Inc., (“Administrator”), 1086 River Birch Street, Hollywood, FL 33019.

1. PROGRAM PERIOD: The Program will continue until terminated by Brand.

2. ELIGIBILITY: Open only to legal residents of the fifty (50) United States (excluding Alabama and Georgia) and the District of Columbia who are at least twenty-one (21) years old. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Program are not eligible to participate. Participation in the Program constitutes your full and unconditional agreement to these Terms and Conditions (“Terms”), Brand’s Terms of Service, and the decisions of the Brand, which are final and binding. Void in Alabama, Georgia, and where prohibited or restricted by law.

3. HOW TO PARTICIPATE: During the Program Period, you must visit joshcellars.com/custom-labels (“Website”) and enter your state of residence. If a valid state, follow the links and instructions to create a personalized label (“Label”) by either uploading a photo, text or combination of photo and text. After designing a label, complete and submit requested information to checkout, including, but not limited to: your first and complete last name (no initials), phone number, city, state, and agreement to these Terms. Each Label ordered will cost $3.79 (plus sales tax) and payments will be processed through the Shopify platform. There is no limit on the number of Labels you can purchase; however, for example, if you order 100 copies of a Label, the cost will be $3.79 (plus sales tax) per copy of that Label. You acknowledge that there may be color variations between what you submit on the Website and the Label you receive.

Note: Labels are final sale. They cannot be returned or refunded, unless otherwise specified by Brand. In the event of any typo or mistake in the production of any Label, your sole remedy will be a corrected Label. If there are any problems or concerns with a Label once you receive it, please contact support@joshcellars.com.

Photo must be in one of the following formats: .JPEG, .JPG, .GIF, or .PNG; Photo must not exceed 10 MB.

You represent you are creating a Label for your own personal use. Label(s) will be mailed to the address provided during registration after submission and verification. Please allow up to four (4) weeks for shipment of Label(s). Labels are subject to availability and only available while supplies last.

Each Label created must comply with these Terms, including the Label Guidelines and Requirements set forth below.

GRANT OF RIGHTS TO LABELS

You grant to Brand and its agents an unlimited, worldwide, irrevocable, perpetual license and right, but not obligation, to publish, reproduce, exhibit, use, publicly display, distribute, edit, crop or otherwise exploit and create derivative works of the Label (as well as any name or likeness embodied therein) in any way, in any and all media, now known or hereafter devised, including, but not limited to, on Brand’s website(s) and social media accounts, without limitation, and without further consideration or approvals. You waive any intellectual property rights, publicity/privacy rights or other legal or moral rights relating to such use. Brand is not responsible for the use of any Label by an unauthorized thirty party.

LABEL GUIDELINES AND REQUIREMENTS:

Each Label:

  • Must be your own original work product and you must have permission from anyone shown in any photo submitted to be included as part of the Label;
  • Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased;
  • Must not disparage Brand, alcoholic beverage brands sold by Brand, Administrator or any other person or party affiliated with the Program and administration of this Program;
  • Must not include any personally identifiable information;
  • Must not contain images or artwork, music, quotes, parodies or other materials not created by you;
  • Must not feature brand names, logos or trademarks other than Brand’s trademarks in any other element of the entry or image, which Brand has granted, as respect to the Brand’s trademarks, a limited license to use for purposes of this Program;
  • Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • Must not depict anyone under the legal drinking age of 21;
  • Must not contain any imagery appealing to children and minors;
  • Must not contain political or politically themed or motivated messages, statements or images;
  • Must not promote excessive or underage drinking, drugs, tobacco or firearms;
  • Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
    • gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
    • the use of firearms/weapons/ammunition (including but not limited to photos taken while hunting), any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence (including but not limited to violence against animals), or the use of alcohol or tobacco products;
    • the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
    • underage drinking;
  • Must not depict or include images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Brand.
  • Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
  • Must not violate any law or regulation.

Brand reserves the right to refuse to print any Labels that (in Brand’s sole discretion) do not comport or align with Brand’s brand image or do not comply with these Terms, as it determines in its sole and absolute discretion.

4. LIMITATION OF LIABILITY: By participating in this Program, you agree that the employees, directors, officers, and agents of Brand, Administrator, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Program (“Program 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 their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for any technical, mechanical, printing, network, typographical, human or other error related to or in connection with the Program, including without limitation, any errors or problems in connection with the administration of the Program, the processing or printing of Labels, or in any Program-related materials.

By participating in the Program, you agree (i) to waive any rights to claim ambiguity with respect to these Terms; (ii) to waive all of your rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; 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 the Program, including, the failure to receive a Label after it has been shipped.

EVERYTHING REGARDING THIS PROGRAM 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: THIS PROGRAM IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“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 NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK COUNTY, NEW YORK. 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 PROGRAM 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 FROM THE END OF THE PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

6. PRIVACY POLICY: Information collected as part of this Program will be subject to Brand’s privacy policy at https://www.deutschfamily.com/privacy-policy/.

7. GENERAL: This Program is subject to all applicable federal, state and local laws and regulations. Brand reserves the right to restrict an individual’s access to the Program who is found, in its sole and absolute opinion, to be tampering with the operation of the Program, to be acting in violation of these Terms or to be acting with the intent to disrupt the normal operation of the Program. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROGRAM OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE BRAND 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 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 valid and enforceable. Brand’s failure to enforce any term of these Terms 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 between these Terms and any Program materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Program as set forth in these Terms shall prevail.

Brand reserves the right at any time to modify, suspend or cancel Program at any time. Any changes Brand makes will be effective immediately on notice, which it may give either by posting the new terms on the site or via e-mail. Your participation in the Program after such notice will be deemed acceptance of such changes. You should review these Terms periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Terms. All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Brand.