Great Gatsby Giveaway

“Freixenet Cava Great Gatsby” Promotion

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OR PURCHASE OF ALCOHOL IS REQUIRED TO PARTICIPATE.

1. Eligibility: “Freixenet Cava Great Gatsby” Promotion (the “Promotion”) is open to permanent legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry (the “Entrant”).  Persons in any of the following categories are not eligible to participate or win a prize:  (a) persons who are employees, officers or agents of Sponsor or Administrator (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Promotion; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c).  Subject to all applicable federal, state, and local laws and regulations.  Void outside of the fifty (50) United States, District of Columbia and wherever else prohibited by law.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor:  Freixenet Mionetto USA Inc., 81 Main St Suite 303, White Plains, NY 10601.

3. Administrator: Optivate Agency, 4032 Masonboro Loop Road, Unit 101, Wilmington, NC  28409.

4. Timing:  The Promotion begins on September 1, 2023 at 12:00 PM Eastern Standard Time (“ET”) and ends on November 10, 2023 at 11:59 AM ET (the “Promotion Period”).  Sponsor’s online website computer is the official time-keeping devices for the Promotion.

5. How to Enter: In order to enter, Entrant must be a registered Instagram™ user and his/her profile settings must be set to “public”. To become a registered user of Instagram™, create an account on Instagram at www.instagram.com. Entrant must visit and follow www.instagram.com/freixenetUSA (the “Website”) during the Promotion Period and then tag three (3) friends who are twenty-one (21) years of age or older in the comments of the IG Post on the Sponsor’s page (i.e. look for the In-Feed “Giveaway” pinned post published on September 1^st on @freixenetusa Instagram profile) to receive one (1) entry into the Promotion.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are supplying your information to the Sponsor and not to Instagram.

Limit:  Limit one (1) entry per person per day during the Promotion Period.

Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, Instagram accounts, identities or registrations, or any other methods will void that Entrant’s entries and that Entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification.  Facsimile and mechanically reproduced entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, damaged or misdirected entries, which will be disqualified.

In the event of a dispute as to any participation, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the Entrant. “Authorized account holder” of the email address is defined as the natural person who is assigned to an email address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.  A potential prize winner may be required to show proof that he/she is the authorized account holder of the email address provided at the time of entry. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.

Normal Internet access and usage charges imposed by Entrants online service will apply. If Entrant participates from a mobile phone, such activity will be subject to the charges pursuant to their wireless service provider’s rate plan. Entrant further understands that by participating via mobile phone, if they are a potential prize winner, the Sponsor may contact them via mobile phone, which will be subject to the charges pursuant to their wireless service provider’s rate plan. Please consult wireless service provider for more information. Entrants are solely responsible for any related equipment and Internet access charges, if any.

7. Winning/Odds:  On or about November 13, 2023, one (1) grand prize winner (the “Grand Prize Winner”) will be selected in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion Period. Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the Grand Prize Winner is final and binding in all matters related to the Promotion. 

8. Prize Notification/Claim: Potential Grand Prize Winner will be notified via email or direct message through Instagram on or about five (5) days following the drawing date (the “Notification”). Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) (if applicable) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) days from receipt of Notification. If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the Notification is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the prize and another potential Grand Prize Winner will be selected from among all remaining non-winning eligible entries received during the Promotion Period, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. If it is determined by the Sponsor or Administrator, in its sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the prize and an alternate will be selected as outlined above.  In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/ Administrator shall have no liability or obligation to such individual.

The awarding of the prize is subject to verification by the Sponsor whose decisions are made based at their sole discretion.  Sponsor’s interpretation of these Official Rules is final and binding in all respects. The potential Grand Prize Winner is not a prize winner of any prize until his/her eligibility and entry has been verified by Sponsor.  

9. Prizes: The Grand Prize Winner will receive the following trip: i) roundtrip coach class airfare for Grand Prize Winner and one guest (who must be 21+ years old) to and from a major airport nearest the Grand Prize Winner’s residence and Las Vegas, NV, ii) two (2) night hotel room accommodations, each room will be a standard double occupancy room (Sponsor to determine the hotel accommodations at their discretion and is inclusive of room rate and tax only), iii) a transportation gift card, and iv) two (2) tickets to attend the Great Gatsby Party on December 31, 2023 in Las Vegas, NV (the “Grand Prize”).  

Total ARV of the Grand Prize to be awarded is $5,000.

Names of prize manufacturer is used solely for the purpose of identification of the prize. No endorsement, authorization, sponsorship, or approval by prize manufacturer for this Promotion is intended or implied. 

Grand Prize Winner must be able to travel December 30, 2023 to January 1, 2024.  In the event the Grand Prize Winner is unable to travel during these dates, Grand Prize Winner forfeits the Grand Prize with no compensation to be awarded.  Trip, travel, and lodging elements may be subject to change due to impracticability or unavailability, or for any other reason as determined necessary by Sponsor or its designee.  Tickets are subject to the terms and conditions of issuer and will not be replaced if lost, stolen, misplaced, damaged or destroyed. ARV may vary, depending on the point, date and time of departure. Grand Prize must be accepted as a whole or will be forfeited in its entirety. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Grand Prize Winner and guest will be responsible for all meals, transportation (other than described above), travel insurance, tips, room service, laundry service, souvenirs or gratuities, fuel, parking, beverages, telephone calls, overages, baggage fees, extras and any other incidental costs or expenses not specifically stated herein as being included.  Specific air carrier(s) and other trip specifics are selected at the sole discretion of the Sponsor.  Travel must originate and end at the same major gateway airport. Grand Prize Winner and guest will be required to obtain any travel related documents and maintain all insurance (including health, liability and any other insurance along with any documentation for vaccination for COVID-19 requirements).  Grand Prize Winner and guest acknowledge and agree that the Sponsor is not a provider/carrier of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. No frequent flier miles will be earned on any element of prize travel.  Grand Prize conditions may be added or modified by Sponsor or its designee. Sponsor is not responsible for any changes of any element of the Grand Prize, nor are they liable for any expenses incurred as a consequence of flight/event changes, cancellation or delays. A Grand Winner or guest later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. In the event Grand Prize Winner and/or guest engages in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, illegal or that is intended to annoy, abuse, threaten or harass any other person, or may cause harm, property damage or any other loss, Sponsor reserves the right to terminate the trip early, in whole or in part, and to send the Grand Prize Winner and guest home with no further compensation.

Products or any other element received as a prize may not be resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual Grand Prize awarded. GRAND PRIZE IS AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

There is a limit of one (1) Grand Prize to be awarded.  Grand Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Grand Prize Winner is responsible for all taxes and fees associated with the prize award, receipt and/or use.  

10. Release:  In exchange for the right to participate in the Promotion, the Grand Prize Winner agrees to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

11. Publicity:  Except where prohibited, participation in the Promotion constitutes the Grand Prize Winner’s consent to Sponsor’s and its agents’ use of the Grand Prize Winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, the Grand Prize Winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation.  All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of Grand Prize Winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.

12. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Promotion and accepting a prize, the Grand Prize Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity.  Grand Prize Winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the Grand Prize Winner if he/she violates the policies of these Official Rules; and, in such a case, the Grand Prize Winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the Grand Prize

13. Limitations of Liability:  The Released Parties are not responsible for:  (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

14. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction.  Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased.

15.  Winner List:  For the name of the Grand Prize Winner, send a self-addressed, stamped envelope by December 14, 2023 to “Freixenet Cava Great Gatsby” Promotion Optivate Agency, 4032 Masonboro Loop Road, Unit 101, Wilmington, NC  28409.  Grand Prize Winner’s first name, last initial, city and state will be published in the Grand Prize Winner’s list. Residents of Vermont may omit return postage. Requests will be fulfilled after the Grand Prize Winner is verified.

PLEASE ENJOY RESPONSIBLY. ©FREIXENET USA, imported by Freixenet Mionetto USA, White Plains, NY.