MIONETTO “BRUNCH BETTER” SWEEPSTAKES

1. ENTRY PERIOD: The Mionetto “Brunch Better” Sweepstakes (the “Sweepstakes”) sponsored by Mionetto U.S.A. Inc. (“Sponsor”) begins at 9:00:00 AM Eastern Time (“ET”) on May 25, 2019 and ends at 11:59:00 PM ET on September 1, 2019. The Entry Period is further divided into Weeks, as fully detailed in Section 6 below. Eligible entries received for a particular Week will NOT be carried forward into any subsequent weekly drawing(s), see Section 6 for additional details. 

2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (the “Eligibility Area”) who are age 21 years or older and have a valid Instagram account. Free Instagram app download is available via www.instagram.com. Employees, officers, and directors of Sponsor, alcohol beverage vendors, licensed alcohol beverage distributors and retailers, or any of the respective affiliates, subsidiaries, sales representatives, wholesalers, distributors, printers, advertising and promotional agencies of the foregoing, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes (“Prohibited Entrants”), as well as members of Prohibited Entrants’ immediate families (parents, step-parents, children, step-children, siblings, step-siblings and spouse) and households (people who share the same residence at least three (3) months out of the year) are not eligible to participate in the Sweepstakes. Void outside the Eligibility Area and where prohibited or restricted by law. Sponsor’s determinations of eligibility are final and may be made at any time. 

3. SWEEPSTAKES AGREEMENT: BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE/SHE: [A] HAS READ THESE OFFICIAL RULES, AND AGREES TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE SPONSOR, AND BY THE DECISIONS OF THE SPONSOR, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS SWEEPSTAKES; [B] AGREES TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES AS FURTHER DETAILED IN SECTION 8; [C] ACKNOWLEDGES COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANTS THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREES TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. 

4. TO ENTER: No purchase or consumption of beverage alcohol is required to participate, nor will purchase or consumption of beverage alcohol increase your chances of winning a prize. To enter, take an original photo of your Mionetto Prosecco Cocktail or anything else that shows how you “brunch better”, and post the photo to your personal Instagram account during the Entry Period, including the hashtag #brunchbettercontest and mention @mionettoproseccousa in your post. There is a limit of one (1) entry per person, per week (see Section 6 below for the start and end dates and times of each week). Each entry must be different, and must meet all requirements. See Section 5 below for important additional entry requirements. Further, note that your entry will not be considered successfully submitted if your Instagram account settings prevent Sponsor from seeing your entry (i.e. your account must be set to “public” or a similar setting that will allow Sponsor to see your entry). 

Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of Sponsor or its designee(s). Sponsor is under no obligation to correspond about entries, nor is Sponsor required to acknowledge its receipt of entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the Instagram account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to Instagram account by Instagram. Potential winner may be required to show proof of being the authorized account holder. In the event of a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. In addition to compliance with these Official Rules, participation must also comply with the terms of service at www.instagram.com/about/legal/terms. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment and Internet access charges, if any. Multiple entrants are not permitted to share the same Instagram account. It is your sole responsibility to notify the Sponsor in writing if you change your Instagram account. Entries will not be judged; see Section 6 for information on random winner selection.

5. ADDITIONAL ENTRY REQUIREMENTS: Any elements that appear in an entry photo must not: (a) include an image of any person that is (or appears to be) under 21 years of age; (b) depict persons consuming alcoholic beverages rapidly, excessively, involuntarily, as part of a drinking game or as a result of a dare; (c) depict persons conducting themselves in an inappropriate manner; (d) depict or allude to the overconsumption of alcohol; or (e) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination. Any elements that appear in an entry photo, including, without limitation, brand names, logos, or images, must be either: (i) entirely original, created by the entrant; (ii) property of the Sponsor (the “Provided Materials”); or (iii) in the public domain. Sponsor grants to entrants a limited revocable, non-sub-licensable license to use the Provided Materials for the sole purpose of creating an entry, if an entrant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect an entrant’s chances of winning. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.  

Use of any prohibited elements in an entry photo may result in disqualification of the applicable entry, in the Sponsor’s sole discretion. Entry photos must not contain personally identifiable information such as addresses or phone numbers. Entries must not contain the name or logo of any alcohol beverage wholesaler or retailer (for example, bars, liquor stores, or restaurants which hold a liquor license). Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void. 

By participating in the Sweepstakes, you represent and warrant that: (a) you are the creator of your entry; (b) your entry is wholly original (apart from any allowable public domain elements or elements owned by Sponsor); (c) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; and (c) your entry has not previously been entered in any other promotion. 

By participating in the Sweepstakes, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness is included in the entry; (b) such persons are age 21 or older, and appear to be so; (c) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (d) you can and will give written copies of such permissions to the Sponsor upon request along with proof of age for any such person; and (e) you understand that such documents may be required in order to be deemed a winner. Failure to provide said proof may result in disqualification of the entry from the Sweepstakes. Sponsor's determination as to whether any entry potentially violates the rights of any third party is final. Submitting an entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you. 

By participating in the Sweepstakes, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of Instagram) and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post any entries selected in its sole discretion on a social media website. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined in Section 8 below), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor. 

6. WEEKS/PRIZE DESCRIPTIONS/RANDOM DRAWINGS/ODDS:

On or about each of the Drawing Dates listed above, an independent judging organization will conduct a random drawing to select one (1) potential Weekly Prize winner from among the eligible entries received for the applicable Week of the Sweepstakes. Eligible entries received for a particular Week will NOT be carried forward into any subsequent weekly drawing(s), except in the following circumstance: if no eligible entries are received during a particular Week, Sponsor’s independent judging organization reserves the right in its sole discretion to select that Week’s potential winner in a random drawing from among either: [a] all eligible non-winning entries received prior to that Week; or [b] all eligible non-winning entries received during the next Week which has eligible entries. Each Weekly Prize consists of a “Drinkstagram” kit of coasters, stirrers, and decorations, with an approximate retail value of $250. For the avoidance of doubt, the prize does not include any beverage alcohol. Any prize details not specified herein will be determined by Sponsor in its sole discretion. See Section 7 below for additional prize restrictions and winner notification details. Odds of winning depend on the number of eligible entries received for each Week. Entry photos will not be judged, and winner determination is not affected by the quality of the photo associated with any eligible entry. Limit one (1) prize per person, family, or household, for the duration of the Sweepstakes.

7. WINNER NOTIFICATION/PRIZE RESTRICTIONS: The names of potential winners and/or their social media “handles” may be announced online prior to verification; however any such announcement is not a guarantee of eligibility. Each potential winner will be notified via a private message or comment on Instagram, to verify his/her eligibility and ability to accept the prize, and to obtain his/her complete contact information. Entrants must confirm that their social media notification settings are turned on, such that they would be notified in a timely fashion of an attempt to contact them via the applicable social media platform for this purpose. Any such message, comment, or email will instruct the potential winner to reply within three (3) full business days (measured in the local time zone) after the time that the notification message or comment was sent/posted. Potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such three (3) full business day period, or he/she will be disqualified. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. The potential winner may subsequently be required to complete a declaration of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the potential winner’s entry, which must be returned within the time period specified by Sponsor at the time of such request. Proof of identity, age, and legal residence (in the form of a copy of government-issued photo identification) may be required to claim a prize. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing social media account information, prize claim information, postal address, email address or phone number associated with an entry/prize claim, or for any change of address, email, social media account or phone number of a participant. Any prize details not specified will be determined by Sponsor in its sole discretion. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize. Prizes are awarded as-is and without warranty of any kind, implied or express. Winners should expect to receive their prizes within approximately 4 to 8 weeks following winner verification. Prizes will only be shipped to a physical address (no P.O. Boxes permitted) in the 50 United States or Washington, DC. Under no circumstances will alcoholic beverages be provided as part of a prize.

8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor and Instagram, together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and any alcohol beverage wholesalers and retailers, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Sweepstakes or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Sweepstakes; (d) errors in the administration of the Sweepstakes or the processing of entries or prize claims; (e) changes to social media platform policies and procedures that may interfere with the operation of the Sweepstakes; (f) content filtering or any malfunction/error/failure which may impact the accessibility of entries or the transmission or receipt of winner verification notices (or other communications with winners); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the participants; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt of any prize. Participants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, the Sweepstakes, all prizes, and all materials provided on or through any Sweepstakes-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. INDEMNITY: By participating, each participant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of his/her entry, or his/her conduct in participating in or otherwise in connection with his/her participation in this Sweepstakes, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

10. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, illegible or postage-due entries or prize claims; (b) any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof; or (c) any injury or damage to participant's or any other person's computer or other equipment/device related to or resulting from participation in the Sweepstakes. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Released Parties are not responsible for the actions of participants or other individuals in connection with the Sweepstakes, including participants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries (or prize claims) received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Participation must be made by the participant and via the means described in these Official Rules only. You are not a winner until your participation has been verified and you have complied with these Official Rules.

11. CONDUCT: Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Sweepstakes or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Sweepstakes or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry.

13. DISPUTES: Except where prohibited, participation constitutes each participant’s agreement that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

14. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Sweepstakes, participants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries or prize claims for all purposes related to the Sweepstakes (including, without limitation, processing and administering entries or prize claims, sharing an participant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Sweepstakes, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Sweepstakes), as well as in accordance with Sponsor’s Privacy Policy published at https://usa.mionetto.com/us/cookie-privacy provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review Sponsor’s Privacy Policy before participating. If you object to the above or anything stated in Sponsor’s Privacy Policy, do not participate in the Sweepstakes.

15. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

16. WINNER LIST: To find out who won, mail a self-addressed, stamped envelope to be received November 30, 2019 to: Mionetto “Brunch Better” Sweepstakes Winners, PMI Station, PO Box 750, Southbury, CT 06488-0750.

Sponsor: Mionetto U.S.A. Inc., 81 Main Street, Suite 303, White Plains, New York 10601

PLEASE DRINK RESPONSIBLY. Italian Sparkling Wine, alc. 11% by vol. © 2019 Imported by Mionetto USA Inc., White Plains, NY. All rights reserved.