1. ELIGIBILITY: The “Prosecco Week” Giveaway (“Giveaway”) sponsored by Freixenet Mionetto USA, Inc. (“Sponsor”) 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 parent companies, affiliates, or subsidiaries of the foregoing, or any company or individual involved with the design, production, execution or distribution of the Giveaway (“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 Giveaway. 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.
2. GIVEAWAY PERIOD: The Giveaway begins at 12:00:00 p.m. (Noon) Eastern Daylight Time (“EDT”) on July 15, 2021 and ends at 11:59:59 p.m. EDT on July 25, 2021 (“Giveaway Period”). Sponsor’s computer is the official time keeping device for this Giveaway.
3. GIVEAWAY AGREEMENT: BY PARTICIPATING IN THE GIVEAWAY, 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 AND BINDNIG IN ALL MATTERS RELATING TO THIS GIVEAWAY; [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 GIVEAWAY 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. When the Giveaway is offered, you will see Sponsor’s Instagram post offering entry into the Giveaway (the “Promotional Post”), subject to your own Instagram settings and the frequency with which you check your Instagram news feed and/or Sponsor’s Instagram page at www.instagram.com/mionettoproseccousa. Earn one entry by: (a) following @MionettoProseccoUSA on Instagram, (b) “liking” the Promotional Post, and (c) adding a comment to the Promotional Post where you tag a friend who is twenty-one (21) years of age or older. 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 and its agents from seeing your entry (i.e. your account must be set to “public”, “unprotected”, or a similar setting that will allow Sponsor and its agents to see your entry). Note also that the friend you tag in your comment will not receive an entry into the Giveaway by virtue of being tagged in your comment; however, they may also enter the Giveaway if they wish (and if they are eligible under, and comply with, these Official Rules). Entries must be completed no later than 11:59:59 PM EDT on July 25, 2021. Entrants must remain followers of @MionettoProseccoUSA on Instagram through the time of prize award. Entries and other submitted material become the property of Sponsor (subject only to terms imposed by Instagram) and will not be acknowledged or returned.
Limit (1) entry per person/Instagram account. 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. Entries will not be judged; see Section 6 for information on random winner selection.
5. ADDITIONAL ENTRY REQUIREMENTS:
Do NOT include any of the following in your comment to the Promotional Post: (a) brand names, brand images, or brand logos (besides those of Sponsor); (b) your email address or phone number; (c) any website address; (d) executable programming of any kind, including without limitation, viruses, worms, spyware, etc.; (e) the name or logo of any alcohol beverage wholesaler or retailer (for example, bars, liquor stores, or restaurants which hold a liquor license); or (f) encrypted content of any kind. Should Sponsor determine that an entry is in violation of these Official Rules or any other applicable terms, Sponsor reserves the right to seek to have the entry removed from Instagram, to disqualify the associated participant, and/or to take other actions it deems necessary, all in Sponsor’s sole discretion.
Any elements that appear in an entry must not: (i) include an image of any person that is (or appears to be) under 21 years of age; (ii) depict or describe persons consuming alcoholic beverages rapidly, excessively, involuntarily, as part of a drinking game or as a result of a dare; (iii) depict or describe persons conducting themselves in an inappropriate manner; (iv) depict or describe the overconsumption of alcohol; (v) 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; (vi) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, (vii) be profane or pornographic, or depict any materially dangerous activity; (viii) promote the illegal use of alcohol, drugs, tobacco, or firearms/weapons; or (ix) promote any particular political agenda or message.
Any elements that appear in an entry, including, without limitation, brand names, logos, or images, must be either: (1) entirely original, created by the entrant; (2) property of the Sponsor (the “Provided Materials”); or (3) 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 may result in disqualification of the applicable entry, in the Sponsor’s sole discretion. Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not violate or encourage the violation of any law, rule or regulation. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased (including, but not limited to, celebrities or celebrity look-alikes), or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information, and/or do not adhere to the foregoing and following requirements, and/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) may be considered void in Sponsor’s sole discretion. Sponsor reserves the right, but not the obligation, to review any entry for violation of these Official Rules at any time.
By participating in the Giveaway, 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; (d) your entry has not previously been entered in any other promotion or contest; and (e) you own all rights to your entry (including, without limitation, the copyrights contained therein, and excluding any allowable public domain elements or the Provided Materials).
By participating in the Giveaway, 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 Giveaway. 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 Giveaway, 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 or on Sponsor’s own 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.
Further, by participating, each entrant: (a) agrees to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not any particular entry is selected for any prize; (b) acknowledges that the material that will be submitted as part of the Giveaway may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties (as defined below in Section 8) and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that they will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in an entrant’s entry; (c) hereby waives any right to any claim or liability with respect to the Released Parties’ use of similar materials; (d) acknowledges that, by acceptance of an entry, the Released Parties do not waive any rights to use similar or related ideas previously known to the Released Parties or developed by their respective employees, or obtained from sources other than an entrant; and (e) understands that submitting any element that is copyrighted by another individual will result in the applicable entrant being responsible for any legal action the legal copyright holder might take against the Released Parties.
By submitting an entry, each entrant agrees that: (a) their entry is gratuitous and made without restriction; (b) their entry will not place Sponsor under any obligation other than as stated in these Official Rules; (c) that Sponsor is free to publish or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the applicable entrant.
6. RANDOM DRAWING/PRIZE DESCRIPTION/ODDS: On or about July 26, 2021, an independent judging organization will conduct a random drawing to select five (3) potential winners from among all eligible entries received. Each verified winner will receive a prize consisting of one (1) Mionetto Prosecco Rosé branded Sunnies, (1) Mionetto branded Beach Ball, (2) Mionetto Edible Paper for cocktails, (2) Mionetto branded Stirrers, (2) Mionetto Umbrella Clips, (2) Mionetto Lips clips, (2) Mionetto Crest Suctions, and (1) Mionetto branded Chiller Purse, all as selected by Sponsor in its sole discretion. Approximate Retail Value (“ARV”) of each prize is $30. If winner cannot accept a prize as specified by Sponsor, the applicable prize will be forfeited and awarded to an alternate winner. Total ARV of all prizes is $90. Any difference between approximate value and actual value may not be awarded. See Section 7 below for additional prize restrictions and winner notification details. Odds of winning depend on the number of eligible entries received. 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. Limit one (1) prize per person/household.
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 direct or private message on Instagram, or via a winner notification comment on the applicable Promotional Post where Sponsor will mention or tag the potential winner in the comment. The message or comment will instruct the potential winner to send a private message to the Sponsor along with the potential winner’s full name, email address, and telephone number, within forty-eight (48) hours (measured in the local time zone) after the time that the notification message or comment was sent/posted. It is recommended that entrants confirm that their Instagram notification settings are turned on as applicable, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them in this manner. 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 forty-eight (48) hour period, such potential winner may be disqualified in Sponsor’s sole discretion. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. A 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 to complete any other releases or provide any other documentation deemed necessary by Sponsor to verify the potential winner’s eligibility or to clear 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: (a) if they fail to reply or to provide any required information or properly completed documents within the required time period; (b) if they fail to comply with any of the terms of these Official Rules; or (c) if 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. 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 Giveaway, participants agree to release and hold harmless Sponsor, Instagram, any alcohol beverage vendors, any licensed alcohol beverage distributors and retailers, any company or individual involved with the design, production, execution or distribution of the Giveaway, and any of the respective parent companies, affiliates, or subsidiaries of the foregoing, 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 Giveaway or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (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 Giveaway; (d) errors in the administration of the Giveaway 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 Giveaway; (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 Giveaway or receipt of any prize.
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 such participant’s entry, or such participant’s conduct in participating in or otherwise in connection with their participation in this Giveaway, 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, or illegible entries; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to entrant's or any other person's computer, mobile device or other equipment related to or resulting from participation in the Giveaway. 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 Giveaway, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Giveaway, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. In the event of any conflict between any details contained in these Official Rules and the details contained in any Giveaway advertising materials, the details as set forth in these Official Rules shall prevail. If, for any reason, the Giveaway (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, disease, 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 Giveaway, Sponsor reserves the right in its sole and absolute discretion to either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; (b) award the prize(s) from among the applicable eligible entries received up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
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, likeness, picture, address (city and state), voice, biographical information, entry, and/or written or oral statements.
13. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Giveaway you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over White Plains, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, 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. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING ANY WEBSITE AND ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
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’S LIST: For the first name, last initial, city and state of the winners, mail a self-addressed, stamped envelope to be received by September 26, 2021 to: Mionetto x Prosecco Week Winner’s List Request, PO Box 750, Southbury, CT 06488-0750. Winners may also be announced on the Sponsor’s website and/or social media accounts, at Sponsor’s sole discretion.
SPONSOR: Freixenet Mionetto USA, Inc., 81 Main Street, Suite 303, White Plains, New York 10601.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Giveaway must be directed to Sponsor and not to Instagram.
PLEASE DRINK RESPONSIBLY. Italian Sparkling Wine, alc. 11.5% by vol. © 2021 Imported by Mionetto USA Inc., White Plains, NY. All rights reserved.