1. ENTRY PERIOD: The Freix Start 2020 Sweepstakes (the “Sweepstakes”) sponsored by Freixenet Mionetto U.S.A., Inc. (the “Sponsor”) begins at 6:00 A.M. Eastern Time (“ET”) on October 15, 2019, and ends at 11:59 P.M. ET on December 8, 2019 (the “Entry Period”).
2. ELIGIBILITY: The Sweepstakes is open to individuals who are 21 years of age or older at the time of entry and who reside legally in one of the 50 United States or DC (collectively, the “Eligibility Area”). Employees, officers, and directors of Sponsor or any of its affiliates, subsidiaries, wholesale distributors, advertising and promotion agencies, 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. The Sweepstakes is intended for viewing and participation within the Eligibility Area only. Do not participate in the Sweepstakes unless you reside legally within the Eligibility Area. The Sweepstakes is void outside the Eligibility Area, and where prohibited, taxed or restricted by law.
3. SWEEPSTAKES AGREEMENT: BY PARTICIPATING IN THE SWEEPSTAKES, 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 IN ALL MATTERS RELATING TO THIS SWEEPSTAKES; [B] AGREES TO RELEASE AND HOLD HARMLESS THE RELEASEES 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 SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREES TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER: There are two ways to enter the Sweepstakes, as described within this section (Method A & Method B).
A. By text messaging: During the Entry Period, using a web-enabled cellular telephone or other two-way text-messaging capable web-enabled device, send a text message with the key word FX2020 to 34490, then follow the instructions contained in the reply text message to confirm your date of birth and complete your entry. Text message entries must be completed no later than 11:59 P.M. ET on December 8, 2019. By participating via text messaging, you agree to receive one or more text messages in response to your entry. Autodialed marketing messages will be sent to the mobile number used at entry. Consent is not a condition of purchase. MESSAGE AND DATA RATES MAY APPLY. 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. Mobile carriers are not liable for delayed or undelivered messages. Not all wireless devices may be supported. Check your owners' manual for specific text-messaging instructions. Text HELP to 34490 for help. To stop receiving text messages, text STOP to 34490 (you will receive a confirmation message that your STOP request was received). By entering, you represent that you are the owner of (or have permission to use) the mobile telephone number and device you use to participate. You also agree to receive text messages about this Sweepstakes and 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.
B. Online: To enter online, visit FreixStart2020.com during the Entry Period, locate the Sweepstakes entry form, provide the required entry information, and submit the entry form so it is received no later than 11:59 P.M. ET on December 8, 2019.
For all entrants/entries: Limit one entry per person and/or phone number, regardless of method of entry. 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 Sweepstakes. The use of any device or technique to automate participation in this Sweepstakes, 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 Sweepstakes) 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 email account or 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 telephone number or email 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 the applicable telephone number by the applicable telephone service provider, or the email account by the email 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. 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 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, application, and internet access charges, if any.
5. RANDOM DRAWING/ODDS: On or about December 9, 2019, an independent judging organization will conduct a random drawing from among all eligible entries to select the potential winner. Potential winner will be notified in accordance with Section 7 below. Odds of winning depend on the number of eligible entries received.
6. PRIZE DESCRIPTION: One (1) Grand Prize will be made available, consisting of a three (3) night trip for winner and three (3) guests (age 21+) to New York, New York, including: round trip coach air travel to the New York, New York area for winner and three (3) guests (age 21+) from the major gateway airport closest to winner’s residence (airports determined solely by Sponsor); double occupancy hotel accommodations for three (3) nights at a hotel selected by Sponsor; admission for winner and three (3) guests (age 21+) to a New Year’s Eve party selected by Sponsor in its sole discretion (where an appearance by television celebrity Andy Cohen is planned, which will not occur until after midnight – the “Event”); and a grand total of $1,600 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, ground transportation and other incidental expenses on the prize trip, but issued without restriction. The total ARV of the Grand Prize is $8,600. Actual value of Grand Prize may vary depending on point of departure and fare/rate fluctuations. The trip must be taken on dates selected by Sponsor in its sole discretion, currently anticipated to occur Monday, December 30, 2019 through Thursday, January 2, 2020, but subject to change as deemed necessary in Sponsor’s sole discretion, or trip will be forfeited in its entirety. All travel arrangements must be made through the Sponsor or Sponsor's designee. Certain restrictions may apply. The prize winner and his/her guests must all travel together on the same itinerary. It is the responsibility of the winner and his/her guests to provide proper travel documentation (including government issued picture identification and/or passport, as required). 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. Sponsor reserves the right to structure travel route and select accommodations in its sole and absolute discretion. The winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round-trip air transportation element for the prize begins and ends at the point of departure. The prize is subject to seat and accommodation availability, as well as Sponsor’s terms and conditions generally applicable thereto. For the avoidance of doubt, round trip coach air travel is limited to one plane seat per traveler. Releasees (as defined in Section 8 below) 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, prize providers or any other persons providing any prize-related services or accommodations. Releasees are not liable for any missed prize events, missed opportunities or expenses incurred as a consequence of 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 including but not limited to the appearance of Andy Cohen at the Event except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information may be provided to the winner at the time of notification. Prize winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Guests of winner must be at least twenty-one (21) years of age as of the date of departure. Travel guests must execute liability/publicity releases prior to issuance of travel documents, by the date specified in Sponsor (or its designee’s) request, or such travel guest may be disqualified in Sponsor’s sole discretion. Once a travel guest is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If the winner lives within 200 miles of New York City (as determined by Sponsor), Sponsor reserves the right in its sole discretion to substitute ground transportation in lieu of airfare, and any difference in value will not be awarded. 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: taxes, meals and beverages, ground transportation not specifically awarded, travel insurance, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Winner or one of his/her guests must provide hotel with a major credit card issued in one of their names to cover room security and incidental expenses, if any. If any element of the Grand Prize is cancelled, delayed, or postponed beyond the reasonable control of Sponsor (including, without limitation, if circumstances beyond the control of Sponsor prevent any celebrity appearances advertised in connection with the Grand Prize from occurring as scheduled), the remaining portion of the Grand Prize will be awarded as complete and final, and no substitute compensation or refund will be offered. Transportation carrier and accommodation regulations and conditions apply. In the event a prize winner (and/or his or her guest[s]) engage in behavior that (as determined by Sponsor or any prize provider 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, Sponsor reserves the right to terminate the trip or other applicable experience early without further compensation to a prize winner and/or his guest(s).
See Section 7 below for winner notification details and additional prize restrictions.
7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: 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 by phone at the phone number 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 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 him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such twenty-four-hour period, or he/she will be disqualified. A potential winner (and his/her guest[s]) will 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. The Grand Prize winner will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received by the Grand Prize winner and his/her guest(s). 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) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails 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 the Grand 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.
8. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS HEREBY RELEASE AND HOLD HARMLESS SPONSOR AND ANY OF ITS AFFILIATES, SUBSIDIARIES, WHOLESALE DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, PRINTERS, AND SUPPLIERS, ANY CELEBRITIES NAMED IN SWEPSTAKES ADVERTISING (ALONG WITH THEIR RESPECTIVE MANAGEMENT COMPANIES), AND ANY DISTRIBUTORS AND RETAILERS OF ALCOHOL BEVERAGES, 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 SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-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 SWEEPSTAKES, 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 SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY SWEEPSTAKES-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 Sweepstakes, whether human, mechanical or electronic, (e) incorrect or inaccurate information whether caused by Sweepstakes users or by any of the programming or equipment associated with or used in the Sweepstakes; (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 Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Releasees are not responsible for the actions of participants or other individuals in connection with the Sweepstakes, 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 Sweepstakes. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes (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, 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 Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, 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. By participating in this Sweepstakes, participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Sweepstakes, 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 Sweepstakes or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Sweepstakes 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 SWEEPSTAKES 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, 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, picture, likeness, address (city and state), biographical information, or entry.
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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes (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 Sweepstakes, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Sweepstakes), as well as in accordance with Sponsor’s Privacy Policy published at: