Official Rules

See also specific Promotion Rules and regulations (“Promotion Specific Rules”), by visiting www.freixenetmionettosweeps.com (the “Website”) and then select “Promotion Specific Rules.” The Promotion Specific Rules are made a part of these General Official Rules (collectively, “Rules”) and are incorporated herein by reference. Should there be any inconsistency between the two Rules, the Promotion Specific Rules shall prevail, govern and control for those areas specified in the Promotion Specific Rules.

1. Eligibility: Unless indicated otherwise in the Contest Specific Rules, Promotions are open to legal United States Residents 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 where 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.

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

3. Administrator: Optivate Agency, 4403 Oleander Dr, Ste C #251, Wilmington, NC  28403. 

4. Timing:   Administrator’s computer is the official time-keeping device for the Promotion. The Promotion Period will be defined in the Promotion Specific Rules and defined as (“Promotion Period”).

5. How to Enter:  To enter, visit www.freixenetmionettosweeps.com (the “Website) and follow directions to enter a specific Promotion. Entrants will need to click on the Promotion link they would like to enter.  Entrants must fully complete and submit all required information on the online entry form to be eligible, including, name, state, email and phone. Incomplete entries are void. Entrant must come back each day of the Promotion to complete the online entry form to receive one (1) entry per twenty-four (24) hours for a Promotion. Entrants may also enter via the QR code found on Sponsor branded advertising materials. Entrant will scan the QR code using a web-enabled wireless device equipped with a QR code reader app (free to download) to be directed to the Website where you would follow the directions above to enter.

Limit:  Limit one (1) entry per person per twenty-four (24) hours per Promotion (an Entrant may only enter with one email address– additional entries by the same person via additional email addresses will be void and subject Entrant to disqualification).    

Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s entries and that Entrant may be disqualified from the Promotion.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification from the Promotion.  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 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 they are the authorized account holder of the email address provided at the time of completing the online entry form. 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.

6. Winning/Odds:  The drawing date and number of prize winners to be selected will be outlined in the Promotion Specific Rules. Administrator is an independent judging organization whose decisions as to the administration and operation of a Promotion and the selection of the potential prize winners are final and binding in all matters related to the Promotion.

7. Prize Notifications/Claims: Potential prize winners will be notified via email on or about five (5) days following the Promotion end date (the “Notification”).  If the potential prize winner cannot be contacted or does not respond to the Notification if they are otherwise ineligible as determined by the Sponsor or the Administrator in their sole discretion, or if they refuse to accept the prize, then such potential prize winner will forfeit their right to the prize and an alternate winner will be selected as outlined in the Promotion Specific Rules.

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

In the event a prize is $600 or more, prize winner will be required to sign/return an Affidavit of Eligibility/Publicity/Release form and a W-9 Form (the “Paperwork”) within the indicated time period.  If the event the prize winner does not return the Paperwork, such prize will be forfeited and an alternate winner will be selected as outlined in the Promotion Specific Rules.

8. Prizes: The available prize(s) vary with each Promotion; see Promotion Specific Rules for prize information.  Prizes are non-transferable, non-assignable, and not redeemable for cash unless specified.  All taxes on a prize are the sole responsibility of the prize winner. There is a limit of one (1) prize per Entrant during a one (1) year period.  Sponsor, in its sole discretion, may substitute a prize of equal or greater value for any reason.

9. Release:  In exchange for the right to participate in a Promotion, 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. 

10. Publicity:  Except where prohibited, participation in a Promotion constitutes the prize winner’s consent to Sponsor’s and its agents’ use of the 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 a Promotion, the 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 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. 

11. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify a 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 a 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 a 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 a Promotion and accepting a prize, a prize winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in a Promotion or prize-related activity.  Prize winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify a prize winner if they violate the policies of these Official Rules; and, in such a case, the prize winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

12. 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 a 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 a Promotion; (d) technical or human error which may occur in the administration of a Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, incomplete, incorrect, stolen entries/plays; 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 a 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 a 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 a 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. 

13. Disputes:  ALL PROMOTIONS ARE 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 a 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 a 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 a Promotion), and Entrant further waives all rights to have damages multiplied or increased. 

14.  Winner List:  For the name of the prize winners, send a self-addressed, stamped envelope within 30 days of the end date of a Promotion to Freixenet “INCLUDE NAME OF PROMOTION”, Optivate Agency, 4403 Oleander Dr, Ste C #251, Wilmington, NC  28403.   Prize winner’s first name, last initial, city and state will be published in the winner’s list. Requests will be fulfilled after the prize winners have been verified.

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