Great Gatsby Giveaway
FREIXENET SWEEPSTAKES Q4 2022
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
PURCHASE OF ALCOHOL BEVERAGE IS NOT REQUIRED TO PARTICIPATE.
OFFERED ONLY TO INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO RESIDE LEGALLY IN ONE OF THE ELIGIBLE STATES.
PRIZES IN THIS PROMOTION DO NOT INCLUDE ANY TRANSPORTATION OR LODGING.
IF YOU ENTER VIA TEXT MESSAGING, MESSAGE AND DATA RATES MAY APPLY. SEE YOUR WIRELESS CARRIER PLAN FOR PRICING DETAILS. TEXT MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. NOT ALL WIRELESS DEVICES MAY BE SUPPORTED.
1. PROGRAM DESCRIPTION: The Freixenet Sweepstakes Q4 2022 (the “Promotion”) sponsored by Freixenet Mionetto U.S.A., Inc. (the “Sponsor”) consists of two separate random-draw sweepstakes (each, a “Program”), as further detailed below. Entry into one Program does not constitute entry into any other Program.
2. ELIGIBILITY: The Promotion is open to individuals who are 21 years of age or older at the time of entry and who reside legally within a Program’s “Eligibility Area” (as defined below for each Program). Employees, officers, and directors of Sponsor or any of its affiliates, subsidiaries, wholesale distributors, advertising and promotion agencies, other companies involved in the development and/or administration of the Promotion, printers, suppliers, retailers/distributors of alcohol beverages, and members of their immediate families (spouses, parents, siblings and children, and the “steps” of each, regardless of where they live) and those living in the same household are not eligible to enter or win. All determinations of eligibility will be made by Sponsor in its sole discretion, and may be made at any time. All applicable federal, state and local laws and regulations apply. Each Program is intended for viewing and participation within that Program’s Eligibility Area only. Do not participate in a Program unless you reside legally within that Program’s Eligibility Area. Each Program is void outside of its applicable Eligibility Area, and where prohibited, taxed or restricted by law.
3. PROMOTION AGREEMENT: BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE 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 PROMOTION; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 8; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE PROMOTION IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. CALIFORNIA PROGRAM:
4a. CALIFORNIA PROGRAM ELIGIBILITY AREA: The California Program is open to eligible Promotion entrants age 21 or older who reside legally in the state of California.
4b. CALIFORNIA PROGRAM ENTRY PERIOD: The California Program begins at 12:00 A.M. Eastern Time (“ET”) on October 3, 2022, and ends at 11:59 P.M. ET on October 24, 2022. Note that there is a limit of one entry into the California Program per person and/or phone number, regardless of method of entry.
4c. TO ENTER THE CALIFORNIA PROGRAM BY TEXT MESSAGING: During the Entry Period, using a cellular telephone or other two-way text-messaging capable device, send a text message with the key word GREAT to 811811, then follow the instructions contained in the reply text messages to confirm your date of birth and state of residence, and complete your entry. Text message entries must be completed no later than 11:59 P.M. ET on October 24, 2022. By texting GREAT to 811811, you consent to receive text messages pertaining to this program only, via automated telephone dialing system to the number you provided, from Snipp Interactive Inc. Message frequency varies. Text HELP to 811811 for Help, or text STOP to 811811 to Stop. Terms and Conditions and Privacy Policy of texting at www.snipp.com/terms-and-conditions and www.snipp.com/privacy-policy. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Consent is not a condition of purchase. To enter via text message, you must have a wireless mobile device that is capable of two-way SMS messaging through participating mobile service providers. Text messaging entry may not be available through all wireless carriers. Not all wireless devices may be supported. Check your owners’ manual for specific text-messaging instructions. By entering, you represent that: (i) you are the owner of (or have permission to use) the mobile telephone number and device you use to participate; and (ii) you understand that you are solely responsible for all message and data charges that you incur. All such charges are billed by and payable to your mobile service provider; please contact your participating mobile service provider for pricing plans.
4d. TO ENTER THE CALIFORNIA PROGRAM BY MAIL INSTEAD OF BY TEXT MESSAGING: Clearly and legibly hand print your name, home address, phone number, email address, and date of birth on a 3” x 5” piece of paper and mail it to: Freixenet Sweepstakes Q4 2022 – CA Program, PO Box 750, Southbury, CT 06488-0750. Each such entry must be mailed separately in a hand-addressed, properly stamped envelope, to be postmarked by October 24, 2022 and received by October 29, 2022. No photocopies or mechanical reproductions of entries are permitted. See entry limit in Section 4b above. See Section 6 below for additional entry requirements and restrictions
4e. RANDOM DRAWING/ODDS FOR THE CALIFORNIA PROGRAM: On or about October 31, 2022, an independent judging organization will conduct a random drawing from among all eligible California Program entries to select four (4) potential winners. Potential winners will be notified in accordance with Section 7 below. Odds of winning depend on the number of eligible California Program entries received.
4f. PRIZE DESCRIPTION FOR THE CALIFORNIA PROGRAM: Four (4) California Program Prizes will be made available, each consisting of a VIP ticket for winner and one (1) guest (age 21+) to the Great Gatsby Party on either November 11th or 12th, 2022 in Los Angeles (Sponsor’s choice of party date, to be declared at time of winner notification, and not to be changed thereafter), and a grand total of $200 in spending money awarded in the form of a check made payable to the winner and/or prepaid debit cards, intended to be used for additional meals, transportation and other incidental expenses, but issued without restriction. The ARV of each California Program Prize is $590. No transportation or lodging of any kind is provided as part of this prize. Use of Great Gatsby Party tickets is subject to terms printed/referenced on the ticket, including but not limited to those terms published at https://greatgatsbyparty.com/ticketing-terms-and-conditions/. Use of prepaid debit card (if any) is subject to the terms printed or referenced on the card. Certain other restrictions may apply. Additional prize award details may be provided to the winner at the time of notification. Guest of winner must be at least twenty-one (21) years of age as of the date of the event. Guest of winner must execute liability/publicity releases prior to issuance of event tickets, by the date specified in Sponsor (or its designee’s) request, or such guest may be disqualified in Sponsor’s sole discretion. Once a guest is selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Lost, stolen or damaged tickets or other prizes will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any prize package, and are solely the winner’s responsibility, including, but not limited to: transportation, fuel, lodging, taxes, additional meals and beverages, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Beverage alcohol is not included as part of any prize. For the avoidance of doubt, the Great Gatsby Party tickets do not include any alcohol beverages. See Section 6 below for winner notification details and additional prize restrictions.
5. FLORIDA PROGRAM:
5a. FLORIDA PROGRAM ELIGIBILITY AREA: The Florida Program is open to eligible Promotion entrants age 21 or older who reside legally in the state of Florida.
5b. FLORIDA PROGRAM ENTRY PERIOD: The Florida Program begins at 12:00 A.M. Eastern Time (“ET”) on October 10, 2022 and ends at 11:59 P.M. ET on December 26, 2022. Note that there is a limit of one entry into the Florida Program per person and/or phone number, regardless of method of entry.
5c. TO ENTER THE FLORIDA PROGRAM BY TEXT MESSAGING: During the Entry Period, using a cellular telephone or other two-way text-messaging capable device, send a text message with the key word PARTY to 811811, then follow the instructions contained in the reply text messages to confirm your date of birth and state of residence, and complete your entry. Text message entries must be completed no later than 11:59 P.M. ET on December 26, 2022. By texting PARTY to 811811, you consent to receive text messages pertaining to this program only, via automated telephone dialing system to the number you provided, from Snipp Interactive Inc. Message frequency varies. Text HELP to 811811 for Help, or text STOP to 811811 to Stop. Terms and Conditions and Privacy Policy of texting at www.snipp.com/terms-and-conditions and www.snipp.com/privacy-policy. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Consent is not a condition of purchase. To enter via text message, you must have a wireless mobile device that is capable of two-way SMS messaging through participating mobile service providers. Text messaging entry may not be available through all wireless carriers. Not all wireless devices may be supported. Check your owners’ manual for specific text-messaging instructions. By entering, you represent that: (i) you are the owner of (or have permission to use) the mobile telephone number and device you use to participate; and (ii) you understand that you are solely responsible for all message and data charges that you incur. All such charges are billed by and payable to your mobile service provider; please contact your participating mobile service provider for pricing plans. See entry limit in Section 5b above. See Section 6 below for additional entry requirements and restrictions.
5d. TO ENTER THE FLORIDA PROGRAM BY MAIL INSTEAD OF BY TEXT MESSAGING: Clearly and legibly hand print your name, home address, phone number, email address, and date of birth on a 3” x 5” piece of paper and mail it to: Freixenet Sweepstakes Q4 2022 – FL Program, PO Box 750, Southbury, CT 06488-0750. Each such entry must be mailed separately in a hand-addressed, properly stamped envelope, to be postmarked by December 26, 2022 and received by December 31, 2022. No photocopies or mechanical reproductions of entries are permitted. See entry limit in Section 4b above. See Section 6 below for additional entry requirements and restrictions.
5e. RANDOM DRAWING/ODDS FOR THE FLORIDA PROGRAM: On or about January 2, 2023, an independent judging organization will conduct a random drawing from among all eligible Florida Program entries to select four (4) potential winners. Potential winners will be notified in accordance with Section 7 below. Odds of winning depend on the number of eligible Florida Program entries received.
5f. PRIZE DESCRIPTION FOR THE FLORIDA PROGRAM: Four (4) Florida Program Prizes will be made available, each consisting of a VIP ticket for winner and one (1) guest (age 21+) to the Great Gatsby Party on either January 13th or 14th, 2023 in Miami (Sponsor’s choice of party date, to be declared at time of winner notification, and not to be changed thereafter), and a grand total of $200 in spending money awarded in the form of a check made payable to the winner and/or prepaid debit cards, intended to be used for additional meals, transportation and other incidental expenses, but issued without restriction. The ARV of each Florida Program Prize is $590. No transportation or lodging of any kind is provided as part of this prize. Use of Great Gatsby Party tickets is subject to terms printed/referenced on the ticket, including but not limited to those terms published at https://greatgatsbyparty.com/ticketing-terms-and-conditions/. Use of prepaid debit card (if any) is subject to the terms printed or referenced on the card. Certain other restrictions may apply. Additional prize award details may be provided to the winner at the time of notification. Guest of winner must be at least twenty-one (21) years of age as of the date of the event. Guest of winner must execute liability/publicity releases prior to issuance of event tickets, by the date specified in Sponsor (or its designee’s) request, or such guest may be disqualified in Sponsor’s sole discretion. Once a guest is selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Lost, stolen or damaged tickets or other prizes will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any prize package, and are solely the winner’s responsibility, including, but not limited to: transportation, fuel, lodging, taxes, additional meals and beverages, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Beverage alcohol is not included as part of any prize. For the avoidance of doubt, the Great Gatsby Party tickets do not include any alcohol beverages. See Section 6 below for winner notification details and additional prize restrictions.
6. ADDITIONAL ENTRY REQUIREMENTS AND RESTRICTIONS FOR ALL ENTRANTS: Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. Sponsor’s computer will be the official time clock for the Promotion. The use of any device or technique to automate participation in this Promotion, including but not limited to, participation using any bot, macro, script, hack, on-line sweepstakes service or form-filling software (or any other devices or techniques intended to automate any part of participation in the Promotion) is prohibited. Participation by any means which subvert the participation process as described herein will be void. If Sponsor or its designee, in its sole discretion, determines that any participant has used any device or technique to automate or subvert the participation process or participation limits, all participation by that participant will be void and future participation attempts by the participant at issue may be blocked. 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. Entry information becomes the property of Sponsor upon submission. Multiple entrants are not permitted to share the same phone number. 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 phone number 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 the applicable phone number by the phone service provider. Potential winners may be required to show proof of being the authorized account holder. In the event 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. Normal Internet access and usage charges imposed by your online service will apply to any online activity you undertake in connection with the Promotion. Note that free internet access is available at most public libraries. 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 agree that by providing your mobile phone number as part of your entry information, you are consenting to Sponsor or its designee contacting you via a live call or text message to your mobile phone if you are a potential winner, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Entrants are solely responsible for any related equipment, application, and internet access charges, if any.
7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS FOR ALL PROGRAMS: The name of a potential winner and/or their social media name and/or “handles” may be announced online prior to verification; however, any such announcement is not a guarantee of eligibility. Potential winners will be notified at the phone number or email address provided at the time of entry, by Sponsor or Sponsor’s designee. If such a potential winner is not available or if there is no answer at the time any notification telephone call is made, a phone message will be left (if possible). Any such message (or email notification) will instruct the potential winner to reply as specified within twenty-four hours after the time that the notification message was left. Potential winner must reply as instructed to identify themselves, confirm their eligibility and ability to accept the prize, and provide their complete contact information within such twenty-four-hour period, or they will be disqualified. A potential winner (and their guest) will subsequently be required to complete an affidavit/declaration of eligibility, a liability release, and (where legal) a publicity release, and any other documentation deemed necessary for Sponsor’s verification of the winner/guest’s eligibility, which must be returned (along with a copy of their government-issued photo ID as proof of age, if requested) within the time period specified by Sponsor at the time of such request. Proof of identity, age, and legal residence will be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner, potential winner or guest may be disqualified in Sponsor’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents within the required time period; (b) 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 and if time allows, 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 contact information associated with an entry, or for any change of such contact information after entry submission.
Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfers or cash redemption of non-cash prizes. Unless otherwise specified herein, no prize substitution will be permitted except at Sponsor’s sole discretion due to unavailability, in which case, at Sponsor’s sole discretion, 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 winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes, and any incremental income 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, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize will not be awarded. Alcohol is not included as part of any prize.
If any element of a prize is cancelled, delayed, or postponed beyond the reasonable control of Sponsor, the remaining portion of the applicable will be awarded as complete and final, and no substitute compensation or refund will be offered. In the event a prize winner (and/or their guest) engage in behavior that (as determined by Sponsor or any prize element operator in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, such party reserves the right to terminate the applicable experience early without further compensation to a prize winner and/or their guest.
Each winner and any guest must follow all COVID-related safety protocols and procedures required by Sponsor and/or the provider of any prize-related venue (“Provider”), which may include but are not limited to obtaining COVID test(s) at time(s) specified by Sponsor/Provider and furnishing proof of such tests and their satisfactory results, wearing required PPE, providing valid proof of COVID vaccination, and/or following established sanitization procedures and behavioral/social distancing requirements. Failure to comply with these requirements may result in a winner and/or winner’s guest being denied access to one or more aspects of a prize, which may result in a winner’s forfeiture of the prize or portion thereof.
Limit one prize per household/address.
8. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THE PROMOTION AND/OR ANY PROMOTION-RELATED ACTIVITY, PARTICIPANTS HEREBY RELEASE AND HOLD HARMLESS SPONSOR AND ANY OF ITS AFFILIATES, SUBSIDIARIES, WHOLESALE DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, OTHER COMPANIES INVOLVED IN THE DEVELOPMENT AND/OR ADMINISTRATION OF THE PROMOTION (INCLUDING SNIPP INTERACTIVE INC.), PRINTERS, AND SUPPLIERS, ANY DISTRIBUTORS AND RETAILERS OF ALCOHOL BEVERAGES, ANY SOCIAL MEDIA PLATFORM USED TO ADVERTISE THE PROMOTION, SNIPP INTERACTIVE INC.,AND THE GREAT GATSBY PARTY LLC, TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, PARTICIPATION IN, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS 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. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY PROMOTION-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. GENERAL: Releasees and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, registration forms, release forms or any other documents; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Sponsor, including the inability to submit entries or other disruption related to Internet or wireless traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant’s access of the Promotion, whether human, mechanical or electronic, (e) incorrect or inaccurate information whether caused by Promotion users or by any of the programming or equipment associated with or used in the Promotion; (f) any printing errors or human errors, including but not limited to any human, mechanical or electronic error which may occur in the processing of the entries or announcement of winners; or (g) unauthorized human intervention in the Promotion. Although Sponsor attempts to ensure the integrity of the Promotion, Releasees are not responsible for the actions of participants or other individuals in connection with the Promotion, 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 Promotion. In the event of any discrepancy between the English language version of these Official Rules and any other translated versions, abbreviated versions, or Promotion-related advertising, disclosures, or other materials, the English language version of these Official Rules shall prevail. If, for any reason, the Promotion (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, disease, pandemic, 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 Promotion, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Promotion, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries 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. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute discretion. By participating in this Promotion, participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Promotion, including its administration.
10. CONDUCT: Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to further participate in this Promotion or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Promotion 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 PROMOTION 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.
11. PUBLICITY: By participating in the Promotion or any Promotion-related activity, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, image, picture, address (city and state), voice, biographical information, and written or oral statements about the Promotion (the “Materials”), 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 the Materials.
12. DISPUTES: By participating, except where prohibited, each participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, must be resolved individually, without resort to any form of class action, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules; (b) the place of any arbitration shall be in Westchester County, New York, and each participant irrevocably waives any and all rights to object to such location; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees or other legal costs; (d) under no circumstances will a participant be permitted to obtain any award for, and each participant hereby waives 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 (e) judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of a participant or the Releasees in connection with this Promotion 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 of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Promotion, 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 Promotion (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 Promotion, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Promotion), as well as in accordance with Sponsor’s Privacy Policy published at https://www.freixenetusa.com/privacy-policy 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 anything stated in these Official Rules or Sponsor’s Privacy Policy, do not participate in the Promotion.
14. 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.
15. WINNER LIST: For the first name, last initial, city, and state of the winners, mail a self-addressed, stamped envelope to be received by March 15, 2023 to: Freixenet Sweepstakes Q4 2022 Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
Sponsor: Freixenet Mionetto U.S.A., Inc., 81 Main Street, Suite 303, White Plains, New York 10601
PLEASE DRINK RESPONSIBLY. Sparkling Wine, alc. 11-11.5% by vol.
© 2022 Imported by Freixenet Mionetto U.S.A., Inc., White Plains, NY.
This Promotion is in no way sponsored, endorsed or administered by, The Great Gatsby Party LLC, nor by any social media platform used to advertise the Promotion. Any questions about the Promotion should be directed to Sponsor and not to any social media platform used to advertise the Promotion. Any third-party trademarks, service marks and trade names referenced herein are the property of their respective owners, are used for descriptive purposes only, and do not imply any sponsorship or endorsement of this Promotion.