FREIXENET CAVA & GREAT GATSBY PARTY IN MIAMI GIVEAWAY
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS OPEN TO INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER RESIDING IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE ELIGIBLE STATES OR JURISDICTIONS AT TIME OF ENTRY.
THE FREIXENET CAVA & GREAT GATSBY PARTY IN MIAMI GIVEAWAY (“SWEEPSTAKES”) BEGINS AT 12:00:00 P.M. EASTERN TIME (“ET”) ON NOVEMBER 28, 2022, AND ENDS AT 11:59:59 P.M. ET ON DECEMBER 11, 2022 (“SWEEPSTAKES ENTRY PERIOD”). SPONSOR’S COMPUTER IS THE OFFICIAL TIME-KEEPING DEVICE FOR THIS SWEEPSTAKES.
1. ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 United States and D.C. who are twenty-one (21) years of age or older at the time of entry. Employees of Freixenet Mionetto USA, Inc. (“Sponsor”), The Great Gatsby Party LLC (“Great Gatsby Party”), Promotion Activators Management, LLC (“Administrator”), their respective parent companies, affiliates, subsidiaries, alcohol beverage retailers, distributors and suppliers, and advertising and promotion agencies, and all other service agencies involved with the design, execution or fulfillment of this Sweepstakes, and members of the immediate families (defined for these purposes as spouses, parents, step-parents, children, step-children, siblings, and step-siblings and their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. Sweepstakes is void outside of the 50 United States, D.C., and wherever prohibited by law.
2. HOW TO ENTER: You must follow both the Sponsor and Great Gatsby Party on Instagram and have a valid, public, Instagram account. If you do not already follow the Sponsor on Instagram, visit https://www.instagram.com/freixenetusa/ and click on the “Follow” icon. If you don’t already follow the Great Gatsby Party on Instagram, visit https://www.instagram.com/greatgatsbyparty/ and click on the “Follow” icon. During the Sweepstakes Entry Period, representatives of Sponsor and the Great Gatsby Party will post on @freixenetusa and @greatgatsbyparty inviting entry into the Sweepstakes (each a “Sweepstakes Post”). To enter, comment on a Sweepstakes Post as directed and tag three (3) friends who are at least 21 years of age and who you think would love to celebrate the Roaring Twenties with Freixenet Cava in the comments section and receive one (1) entry into the Sweepstakes. Comment content will not be judged. A free Instagram account can be created by visiting http://Instagram.com and following the on-screen instructions to register. Note: “friend” is someone with whom you have a personal/professional relationship and who is eligible to enter the Sweepstakes. Prior to tagging a friend, you must have their permission from them to do so for the purpose of participating in this Sweepstakes. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Limit one (1) entry per person/Instagram account for the Sweepstakes Entry Period. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. Enter using an Instagram account registered in your name. Multiple entrants may not share the same Instagram account. In the event of a dispute, the natural person associated with the Instagram account used to enter will be deemed to be the entrant. No robotic, programmed, script, macro, or other automated entries (collectively “automated entries”). Automated entries, or multiple entries, by the same person/Instagram account, or entries that have been tampered with will result in disqualification of all such entries. Entrants may not register/enter with multiple Instagram accounts. Submission of an entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt.
3. ENTRY REQUIREMENTS: Comments made to a Sweepstakes Post must be suitable for presentation in a public forum in the sole discretion of Sponsor. Comments cannot be sexually explicit or suggestive, violent, or derogatory of any ethnic, racial, gender, religion, nationality, sexual orientation, professional or age group, profane or pornographic. Comment cannot promote illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing) or any political agenda or message (in the sole opinion of the Sponsor). Comment cannot be obscene or offensive or endorse any form of hate or hate group. Comment cannot defame, misrepresent, or contain disparaging remarks about Sponsor, or other people, products, or companies. Comment may not include any intellectual property of third parties, including copyrighted material or third-party trademarks. Comment cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission. Comment cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate and comment cannot depict, and cannot itself, be in violation of any law. No group entries allowed. Entries must be received by 11:59:59 PM ET on December 11, 2022.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR, THE GREAT GATSBY PARTY, ADMINISTRATOR, INSTAGRAM, INC., THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS SWEEPSTAKES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES. COMMENTS POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER.
Any entry that does not comply with these requirements, in the opinion of the Sponsor, may be disqualified.
4. DRAWING/ODDS OF WINNING: One (1) winner will be randomly selected by the Sponsor on or about December 12, 2022 (“Drawing Date”), from among all eligible entries received. Odds of winning depend upon the number of eligible entries received.
5. PRIZE (1): One (1) prize winner will receive a 3-day/2-night trip for two (winner plus one 21+ years old guest) to Miami, Florida (“Prize”). Prize includes (i) round trip economy air transportation to Miami for winner and guest from the major commercial airport near winner’s residence selected by Sponsor in its sole discretion; (ii) two (2) nights standard hotel accommodations (single room; double occupancy) at a hotel selected by Sponsor in its sole discretion; (iii) ground transportation to/from airport and hotel; (iv) two (2) tickets to the Great Gatsby Party to be held on 1/14/23, and a $80 gift card to a ride-hailing app. Approximate Retail Value (“ARV”): $3,000. Actual value depends upon point of departure and other fluctuations. The winner and winner’s guest must be available to travel from 1/13/23 – 1/15/23 or Prize will be forfeited in its entirety and Sponsor will have no further obligation to the winner. The winner and winner’s guest must each sign a travel release prior to traveling. Guest of winner must be at least 21 years of age. The winner and winner’s guest must travel on the same itinerary and possess all required legal documents required for travel (i.e., valid passport or driver’s license). All travel arrangements must be made through the Administrator. Once travel has been booked, no change, extension, or substitution of travel is permitted except at Sponsor’s sole discretion. No extension or change of trip dates is permitted. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner and guest are responsible for meals, gratuities, and all other expenses not specified herein. Released Parties shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred resulting from flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other Prize element except at the sole and absolute discretion of Sponsor. Additional Prize award details and travel information to be provided to the winner at the time of Prize notification. The winner may be required to provide a credit card at the time of hotel check-in. Once a guest is selected by the winner, they may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen, or damaged event tickets will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. Unclaimed or forfeited Prize will not be awarded. All taxes resulting from acceptance of the Prize are the sole responsibility of the winner. No substitution, transfer, or cash redemption of Prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. Any expenses not specifically stated herein, including but not limited to state and local government surcharges, taxes (including federal, state, and local income taxes), other costs, and other expenses relating to the Prize and the use or acceptance of the Prize are the sole responsibility of the winner. All prize details not specified herein shall be determined by Sponsor in its sole discretion. By participating and accepting the Prize, the winner and the winner’s guest accept any risk related to travel, including personal injury and/or death, acknowledge that their participation in the Prize event is voluntary, acknowledge that there are natural factors and occurrences which may impact on or affect the safety of the activities they are participating in and they assume the risk of such factors and occurrences and agree that the Released Parties will not be in any way responsible for any resulting injury and/or death. The winner and winner’s guest agree to comply with all venue regulations related to the Prize. Sponsor and the venue representatives reserve the right to remove or to deny entry to winner and/or their guest who engage in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the venue or engage in any other objectionable behavior. Winner and winner’s guest are solely responsible for all other fees associated with Prize receipt and use, regardless of whether Prize is used in whole or in part. Prize is awarded “as is” with no warranty or guarantee, either express or implied, in fact or in law, by Sponsor. All Prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s Prize liability exceed the ARV of the Prize for any reason. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor cannot guarantee that any person will not be exposed during a visit. All parts of the Prize are subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfilment of some or all of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Sponsor, in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for the Prize or portion of the Prize that Sponsor is responsible for, which may include but is not limited to providing additional time for redemption and/or fulfilment. In addition, the winner and winner’s guest should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting Florida. Should the Prize become unavailable, experiences and items of a similar nature and value may be offered. The winner and winner’s guest will be required to consent to a background check, and the Prize may be forfeited, at the sole and absolute discretion of the Sponsor, in the event such background check discloses criminal background history or is otherwise unsatisfactory to the Sponsor.
6. WINNER NOTIFICATION: No entrant is deemed a winner until their eligibility has been verified and it is determined that they have complied with all terms of these Official Rules. As soon as reasonably practicable following the Drawing Date, potential winner will be notified by Sponsor or Sponsor’s agent via Instagram’s direct messaging system (“Initial Notification”) and will be required to respond to that Initial Notification with their complete name, address, phone number, email address, and date of birth within 48 hours from the date such Initial Notification was sent or Prize will be forfeited and awarded to an alternate winner. After potential winner responds to the Initial Notification with the information requested, they will be issued, via email, an Affidavit of Eligibility and Release of Liability and Publicity (where permitted) (“Affidavit”) and potential winner must complete and return the Affidavit within seventy-two (72) hours from date Affidavit is issued. Winner’s guest must also complete a Guest Release of Liability and Publicity Form within this same time period. All Entries become property of Sponsor and will not be returned. By accepting the Prize, the winner grants Sponsor and Sponsor’s agents, the right to use their name and likeness in advertising, publicity and promotion without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for changes to the potential winner’s Instagram account, email or mailing address. If any Prize or Prize-related communication is returned as undeliverable, Prize will be forfeited. Sponsor is not responsible for any change of Instagram account, mailing address, e-mail address, and/or telephone number of entrants. An unclaimed or undeliverable Prize may not be awarded. Failure by the potential winner to respond to the Initial Notification, phone call, or email within the specified time-periods, the return of any notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact the potential winner within a reasonable time-period may result in forfeiture of potential winning status, and an alternate winner will be selected.
7. OTHER CONDITIONS: Released Parties are not responsible for incomplete, inaccurate, lost, late, stolen, garbled, undelivered, or misdirected entries or for inaccurate entry or Sweepstakes information or for interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user’s computer equipment, programming used in this Sweepstakes, or for computer, network, mechanical, electronic, printing, typographical, human or other error or problem relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the announcement of the prize winner, the processing of entries or in any Sweepstakes-related materials.
9. LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in this Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of websites. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Sweepstakes or websites utilized in the administration of this Sweepstakes or may be acting in violation of the terms of the website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. Any attempt to deliberately damage any website or undermine the legitimate operation of this Sweepstakes may be unlawful and subject to legal action by Sponsor or its agents. The winner’s name will be disclosed in a winner’s list and Released Parties are not liable for any misuse of such winner’s list by third parties. Released Parties are not responsible for any unauthorized use of entries by third parties.
10. RULES GOVERN: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.
11. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. WINNER’S LIST: For the name of the winner (available after December 13, 2022), send a self-addressed, stamped, business size (#10) envelope by February 13, 2023, to Freixenet Cava/Great Gatsby Winner, 5550 Touhy Ave, Suite L10, Skokie IL 60077. The winner’s name will be sent after the winner has been verified.
13. SPONSOR: Freixenet Mionetto USA, Inc., 81 Main St, Suite 303, White Plains, NY 10601.
14. ADMINISTRATOR: Promotion Activators Management, LLC, 5550 Touhy Ave, Suite L10, Skokie IL 60077.
ABBREVIATED RULES FOR INSTAGRAM POST:
No purchase necessary. Open to legal residents of 50 U.S./D.C., age 21+. Void outside 50 U.S./D.C. and where prohibited. Ends at 11:59:59 p.m. ET on 12/11/22. Link to full rules and regs in bio.