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Terms and Conditions – Alessi Giveway

Website Additions: Residents of New York and Florida that otherwise meet the eligibility requirements may enter the New York and Florida Sweepstakes, which includes 4 month-long sweepstakes each with random drawings for 1 grand prize and 50 first prizes. Official Rules of New York and Florida Sweepstakes available at [www.SantaMargheritaWines.com/AlessiGiveaway]. Residents of U.S. states other than New York and Florida that otherwise meet the eligibility requirements may enter the general sweepstakes, which includes a random drawing for 100 grand prizes and 1000 first prizes. Official Rules for the general Sweepstakes available at [www.SantaMargheritaWines.com/AlessiGiveaway].Santa Margherita 2021 Wine Cooler and Corkscrew Sweepstakes Official Rules

 

1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. MUST BE 21 YEARS OLD OR OLDER TO ENTER. INTERNET ACCESS IS REQUIRED TO ENTER THE SWEEPSTAKES.

 

By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes.

 

THE INFORMATION YOU PROVIDE (INCLUDING CONTACT INFORMATION) WILL BE USED TO ADMINISTER THE SWEEPSTAKES AND CONFIRM ELIGIBILITY.

 

2. SPONSOR: The sponsor of the Sweepstakes is: [[Santa Margherita USA, 1900 Sunset Harbour, Annex 3, Miami Beach, FL 33139]] (“Sponsor”)

 

3. PROMOTION PERIOD: [[The Santa Margherita 2021 Extraordinary Italian Alessi ‘Wine Cooler and Corkscrew’ Sweepstakes (“Sweepstakes”) begins on Friday, January 1, 2021 at 12:00 am (Central Time) and ends on Friday, April 30, 2021 at 11:59 pm (Central Time)]] (“Promotion Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. Entrants are responsible for determining the corresponding time zone in their respective jurisdiction.

 

4. ELIGIBILITY: [[THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITES STATES, EXCLUDING THE STATES OF NEW YORK AND FLORIDA]]. RESIDENTS OF NEW YORK AND FLORIDA ARE NOT ELIGIBLE FOR THIS SWEEPSTAKES. ENTRANTS MUST BE 21 YEARS OLD OR OLDER AT TIME OF PARTICIPATION AND ENTRY. Entries received from individuals residing outside the eligible geographic area, or where restricted or prohibited by law, or individuals who do not meet the age requirement or who are not legal residents of the eligible geographic area will be disqualified. Employees of Sponsor, and each of its subsidiaries, parents, partners, affiliates and other related entities, and any other individual or entity associated with the development or administration of the Sweepstakes and any alcoholic beverage industry wholesalers, distributors, or licensed retailers (collectively, the “Sweepstakes Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the

Sweepstakes. The Sweepstakes is subject to all applicable national, federal, state and local laws and regulations and is void where prohibited by law. Proof of eligibility must be provided upon request. If you are a resident of New York or Florida, you are not eligible for this Sweepstakes, but we invite you to participate in our New York and Florida sweepstakes.

 

5. HOW TO ENTER: FREE ONLINE ENTRY: To enter the Sweepstakes: follow the online instructions to complete and submit an online entry form (the “form”). Visit [[www.SantaMargheritaWines.com/AlessiGiveaway]], follow the online instructions to complete and submit a form. An individual will need to verify he or she is twenty one (21) years of age or older prior to gaining access to the form. [[Entrant will be required to complete the form with Entrant’s full name, physical address, valid email address, and check the box, “I have read the Official Rules and agree to the terms and conditions.”]] NO PURCHASE REQUIRED. LIMIT [[ONE (1) ENTRY PER PERSON, PER DAY]] DURING THE PROMOTION PERIOD. YOU MAY ONLY WIN A MAXIMUM OF ONE TIME DURING THE PROMOTION PERIOD. The entry you submit will count only as an entry for the Sweepstakes and will not qualify as an entry for any prize offered on any past or future promotion by Sponsor. All entries must be received during the Promotion Period.

Sponsor reserves the right, in its sole discretion, to reject, disqualify, modify, edit, and revise entries, or related materials that the Sponsor deems to be obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, or deceptive, or that Sponsor believes may violate any applicable law or regulation or the rights of any third party. Sponsor reserves the right, in its sole discretion, to verify any element of any entry or related materials, request additional information and to disqualify any entrant whose participation may subject Sweepstakes, Sponsor to controversy, negative publicity, scorn or ridicule. All entries and Entrants are subject to verification at any time and for any reason. Entries generated by automated means or practices, or by any means which subvert the entry process will be void. Any attempt by an entrant to obtain more than the allowable entries by using multiple/different accounts, identities or any other online methods will void all of that entrant’s entries. If Entrant enters using a mobile phone or other web-enabled device and is using his or her wireless carrier’s network, Entrant may incur standard data charges from his or her wireless carrier and/or other charges may apply (such as normal airtime and carrier charges) and may appear on an Entrant’s mobile phone bill or be deducted from an Entrant’s prepaid account balance. An Entrant should contact his or her wireless carrier for more information on rate plans and charges relating to his or her participation in this Sweepstakes. Data usage and any subscription charges imposed by your on-line or phone service may apply.

All Entries submitted become the property of the Sponsor and will not be returned. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, BY PARTICIPATING IN AND ENTERING SWEEPSTAKES, ENTRANTS ACKNOWLEDGE AND GRANT SPONSOR THE RIGHT TO POST PRIZE WINNER’S NAME AND GEOGRAPHICAL INFORMATION ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S SOLE DISCRETION.

 

6. PRIZE DRAWING; WINNER SELECTION: There will be [[one thousand (1,000) first prize wine corkscrew potential winners and one hundred (100) grand prize Noe ice bucket potential winner]] selected from all valid, eligible entries received during the Promotion Period in a random drawing on or about [[Monday, May 3, 2021]] by Sponsor or a designee and a maximum of one (1) prize shall be awarded to each winner. In the event a selected winning entry is discovered to be invalid or ineligible for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate potential winner.

 

7. ODDS: Many will enter, only one thousand (1,000) will win a first prize and only one hundred (100) will win a grand prize. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.

 

8. PRIZE: Grand Prize: Each of the one hundred (100) grand prize winners will receive one (1) Alessi brand “Noè” wine cooler. The ARV (Approximate Retail Value) of each grand prize is three hundred and sixty dollars ($360.00). Any difference between the stated ARV and the actual cost of the prize will not be awarded to the grand prize winner.

First Prize: Each first prize winner will receive one (1) Alessi brand “Parrot” corkscrew. The ARV (Approximate Retail Value) of each first prize is sixty-seven dollars ($67.00). Any difference between the stated ARV and the actual cost of the prize will not be awarded to the grand prize winner. The total ARV of all prizes being awarded in this Sweepstakes is one hundred and three thousand dollars ($103,000.00).

All taxes, charges, fees, and costs not specifically included in the Prize descriptions above are the responsibility of the respective Prize winner. The value of a prize may be taxable as income to a prize winner. Prize winner is solely responsible, at his or her own costs, for all matters relating to the prize, including but not limited to, all federal, state and local taxes. It is the sole responsibility of the prize winner to seek independent counsel regarding tax implications.

Prize winner must accept the prize being awarded or prize may be forfeited and may be awarded to alternate prize winner. Prizes are nontransferable in whole or in part except at the discretion of the Sponsor. Prizes may not be sold, bartered, traded, refunded, commissioned or redeemed for cash value. No substitution or cash redemption will be awarded. Sponsor reserves the right, to substitute a prize of equal or greater value due to prize unavailability or for any reason whatsoever. Prize winner shall bear all risk of loss or damage to prize upon being awarded and Sponsor does not have any obligation or responsibility to replace prize if lost, damaged or stolen. Sponsor is not responsible for any fees, costs, or additional charges that may result from an Entrant and/or prize winner participating in the Sweepstakes or being awarded and receiving and using a prize. The use of a third party trademark is for the purpose of prize description only and such use is not intended to suggest or imply sponsorship, endorsement, or the approval of this Sweepstakes. Prizes will be awarded “as is” with no warranty or guarantee, Sponsor has not made nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize thereof, including but not limited to its quality, condition, appearance, safety or performance.

 

In accordance with Federal and state rules, alcohol will not be given as a prize/prize component. The awarding of any Prize is contingent upon full compliance with these Official Rules.

 

9. NOTICE TO WINNERS AND VERIFICATION: [[Sponsor will attempt to contact potential winner by email using the email address provided in the selected entry. Potential winner must respond by email within forty-eight (48) hours of the Sponsor’s first attempt to contact him/her in order to be eligible to claim the Prize.]] If a potential winner timely responds, Sponsor will request information from the potential winner to confirm preliminary eligibility. If the potential winner cannot be contacted within the specified time after the first attempt to contact him/her or if he/she is otherwise ineligible to receive the prize, an alternate may be selected in his/her place and, in such case, Sponsor will attempt to contact that alternate potential winner as detailed above. Sponsor is not responsible for Internet, telephone, or other communication problems of any kind.

 

10. DISCLAIMER; RELEASE: SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE SWEEPSTAKES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF SPONSOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE

ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, [[INSTAGRAM, FACEBOOK, TWITTER]], AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY'S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND SPONSOR’S CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITES OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SPONSOR OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, OR (XII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE SPONSOR. WINNER HEREBY ACKNOWLEDGES THAT THE SPONSOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT WHERE SUCH DISCLAIMER OF WARRANTY WOULD BE PROHIBITED BY APPLICABLE LAW.

 

11. PUBLICITY RELEASE; PRIVACY. Except where prohibited, acceptance of the Prize constitutes the winner’s permission for Sponsor to use his/her name and Sweepstakes entry provided in connection with this Sweepstakes to announce the winner and for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Sponsor’s privacy policy can be accessed by visiting [[SantaMargheritaWines.com]]. In the event of a conflict between these Official Rules and the Sponsor’s Privacy Policy, to the extent it applies, the Official Rules will control.

 

12. RIGHT TO MODIFY, SUSPEND, OR CANCEL. Sponsor reserves the right to suspend or cancel the Sweepstakes or modify these Official Rules as necessary for any reason or as required by applicable law or local regulations. Sponsor reserves the right, in its sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Sweepstakes without notice to the disqualified or banned person.

 

13. GOVERNING LAW; JURISDICTION; DISPUTES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH, THE SWEEPSTAKES OR PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR [[THE NORTHERN DISTRICT OF TEXAS OR THE APPROPRIATE TEXAS STATE COURT LOCATED IN DALLAS COUNTY, TEXAS]]; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE 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 entrants and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the state of [[Texas]], without giving effect to any choice of law or conflict of laws rules or provisions.

 

14. Winner List. To receive the Sweepstakes results (winner list), available after Friday, May 7, 2021, send a separate, self-addressed, stamped envelope to [[Santa Margherita USA, 1900 Sunset Harbour, Annex 3, Miami Beach FL 33139]]. Winner list requests must be received by May 7, 2022.

 

15. Official Rules. For a copy of Official Rules visit [[www.SantaMargheritaWines.com/AlessiGiveaway]]. If any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law. All interpretations of these Official Rules and decisions by Sponsor are final.

 

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with [[Instagram, Facebook, Twitter, or]] Alessi.

 

1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. MUST BE 21 YEARS OLD OR OLDER TO ENTER. INTERNET ACCESS IS REQUIRED TO ENTER THE SWEEPSTAKES.

 

By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes.

 

THE INFORMATION YOU PROVIDE (INCLUDING CONTACT INFORMATION) WILL BE USED TO ADMINISTER THE SWEEPSTAKES AND CONFIRM ELIGIBILITY.

 

2. SPONSOR: The sponsor of the Sweepstakes is: [Santa Margherita USA, 1900 Sunset Harbour Drive, Annex 3, Miami Beach, FL 33139]] (“Sponsor”)

 

3. PROMOTION PERIOD: There will be four (4) monthly Sweepstakes and each Sweepstakes will occur consecutively during the months of January – April 2021 (each a “Promotion Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. Entrants are responsible for determining the corresponding time zone in their respective jurisdiction.

  • The Santa Margherita January 2021 Extraordinary Italian Alessi ‘Wine Cooler and Corkscrew’ New York and Florida Sweepstakes (“January Sweepstakes”) begins on Friday, January 1, 2021 at 12:00 am (Central Time) and ends on Sunday, January 31, 2021 at 11:59 pm (Central Time).
  • The Santa Margherita February 2021 Extraordinary Italian Alessi ‘Wine Cooler and Corkscrew’ New York and Florida Sweepstakes (“February Sweepstakes”) begins on Monday, February 1, 2021 at 12:00 am (Central Time) and ends on Sunday, February 28, 2021 at 11:59 pm (Central Time).
  • The Santa Margherita March 2021 Extraordinary Italian Alessi ‘Wine Cooler and Corkscrew’ New York and Florida Sweepstakes (“March Sweepstakes”) begins on Monday, March 1, 2021 at 12:00 am (Central Time) and ends on Wednesday, March 31, 2021 at 11:59 pm (Central Time).
  • The Santa Margherita April 2021 Extraordinary Italian Alessi Giveaway ‘Wine Cooler and Corkscrew’ New York and Florida Sweepstakes (“April Sweepstakes”) begins on Thursday, April 1, 2021 at 12:00 am (Central Time) and ends on Friday, April 30, 2021 at 11:59 pm (Central Time).

 

4. ELIGIBILITY: [[THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF NEW YORK AND FLORIDA]]. ENTRANTS MUST BE 21 YEARS OLD OR OLDER AT TIME OF PARTICIPATION AND ENTRY. Entries received from individuals residing outside the eligible geographic area, or where restricted or prohibited by law, or individuals who do not meet the age requirement or who are not legal residents of the eligible geographic area will be disqualified. Employees of Sponsor, and each of its subsidiaries, parents, partners, affiliates and other related entities, and any other individual or entity associated with the development or administration of the Sweepstakes and any alcoholic beverage industry wholesalers, distributors, or licensed retailers (collectively, the “Sweepstakes Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable national, federal, state and local laws and regulations and is void where prohibited by law. Proof of eligibility must be provided upon request.

 

5. HOW TO ENTER:
FREE ONLINE ENTRY: To enter each Sweepstakes: follow the online instructions to complete and submit an online entry form (the “form”) during the applicable Promotional Period. Visit [[www.SantaMargheritaWines.com/AlessiGiveaway]], follow the online instructions to complete and submit a form. An individual will need to verify he or she is twenty one (21) years of age or older prior to gaining access to the form. [[Entrant will be required to complete the form with Entrant’s full name, physical address, valid email address, and check the box, “I have read the Official Rules and agree to the terms and conditions.”]]

 

NO PURCHASE REQUIRED. LIMIT [[ONE (1) ENTRY PER PERSON, PER DAY]] DURING EACH PROMOTION PERIOD FOR EACH SWEEPSTAKES. YOU MAY ONLY WIN A MAXIMUM OF ONE TIME DURING EACH SWEEPSTAKES. The entry you submit will count only as an entry for the Sweepstakes and will not qualify as an entry for any prize offered on any past or future promotion by Sponsor. All entries must be received during the applicable Promotion Period.

 

Sponsor reserves the right, in its sole discretion, to reject, disqualify, modify, edit, and revise entries, or related materials that the Sponsor deems to be obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, or deceptive, or that Sponsor believes may violate any applicable law or regulation or the rights of any third party. Sponsor reserves the right, in its sole discretion, to verify any element of any entry or related materials, request additional information and to disqualify any entrant whose participation may subject Sweepstakes, Sponsor to controversy, negative publicity, scorn or ridicule. All entries and Entrants are subject to verification at any time and for any reason. Entries generated by automated means or practices, or by any means which subvert the entry process will be void. Any attempt by an entrant to obtain more than the allowable entries by using multiple/different accounts, identities or any other online methods will void all of that entrant’s entries.

 

If Entrant enters using a mobile phone or other web-enabled device and is using his or her wireless carrier’s network, Entrant may incur standard data charges from his or her wireless carrier and/or other charges may apply (such as normal airtime and carrier charges) and may appear on an Entrant’s mobile phone bill or be deducted from an Entrant’s prepaid account balance. An Entrant should contact his or her wireless carrier for more information on rate plans and charges relating to his or her participation in this Sweepstakes. Data usage and any subscription charges imposed by your on-line or phone service may apply. All Entries submitted become the property of the Sponsor and will not be returned. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, BY PARTICIPATING IN AND ENTERING SWEEPSTAKES, ENTRANTS ACKNOWLEDGE AND GRANT SPONSOR THE RIGHT TO POST PRIZE WINNER’S NAME AND GEOGRAPHICAL INFORMATION ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S SOLE DISCRETION.

 

6. PRIZE DRAWING; WINNER SELECTION: There will be [[fifty (50) first prize potential winners and one (1) grand prize potential winner]] of each Sweepstakes selected from all valid, eligible entries received during the applicable Promotion Period. The potential winners will be randomly drawn on or about February 5, 2021 for the January Sweepstakes, March 5, 2021 for the February Sweepstakes, April 2, 2021 for the March Sweepstakes, and May 7, 2021 for the April Sweepstakes by Sponsor or a designee and a maximum of one (1) prize shall be awarded in each Sweepstakes to each winner. In the event a selected winning entry is discovered to be invalid or ineligible for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate potential winner.

 

7. ODDS: Many will enter, only fifty (50) will win a first prize and only one (1) will win a grand prize in each Sweepstakes. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in each Sweepstakes.

 

8. PRIZE: Grand Prize: The one (1) grand prize winner will receive one (1) Alessi brand “Noè” wine cooler. The ARV (Approximate Retail Value) of the grand prize is three hundred and sixty dollars ($360.00). Any difference between the stated ARV and the actual cost of the prize will not be awarded to the grand prize winner.

 

First Prize: Each first prize winner will receive one (1) Alessi brand “Parrot” corkscrew. The ARV (Approximate Retail Value) of each first prize is sixty-seven dollars ($67.00). Any difference between the stated ARV and the actual cost of the prize will not be awarded to the grand prize winner.

 

The total ARV of all prizes being awarded in each Sweepstakes is three thousand seven hundred and ten dollars ($3,710.00).

 

All taxes, charges, fees, and costs not specifically included in the Prize descriptions above are the responsibility of the respective Prize winner. The value of a prize may be taxable as income to a prize winner. Prize winner is solely responsible, at his or her own costs, for all matters relating to the prize, including but not limited to, all federal, state and local taxes. It is the sole responsibility of the prize winner to seek independent counsel regarding tax implications.

 

Prize winner must accept the prize being awarded or prize may be forfeited and may be awarded to alternate prize winner. Prizes are nontransferable in whole or in part except at the discretion of the Sponsor. Prizes may not be sold, bartered, traded, refunded, commissioned or redeemed for cash value. No substitution or cash redemption will be awarded. Sponsor reserves the right, to substitute a prize of equal or greater value due to prize unavailability or for any reason whatsoever. Prize winner shall bear all risk of loss or damage to prize upon being awarded and Sponsor does not have any obligation or responsibility to replace prize if lost, damaged or stolen. Sponsor is not responsible for any fees, costs, or additional charges that may result from an Entrant and/or prize winner participating in the Sweepstakes or being awarded and receiving and using a prize.

 

The use of a third party trademark is for the purpose of prize description only and such use is not intended to suggest or imply sponsorship, endorsement, or the approval of this Sweepstakes. Prizes will be awarded “as is” with no warranty or guarantee, Sponsor has not made nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize thereof, including but not limited to its quality, condition, appearance, safety or performance.

 

In accordance with Federal and state rules, alcohol will not be given as a prize/prize component.

 

The awarding of any Prize is contingent upon full compliance with these Official Rules.

 

9. NOTICE TO WINNERS AND VERIFICATION: [[Sponsor will attempt to contact each potential winner by email using the email address (or phone number) provided in the selected entry. Potential winner must respond by email within forty-eight (48) hours of the Sponsor’s first attempt to contact him/her in order to be eligible to claim the Prize.]] If a potential winner timely responds, Sponsor will request information from the potential winner to confirm preliminary eligibility. If the potential winner cannot be contacted within the specified time after the first attempt to contact him/her or if he/she is otherwise ineligible to receive the prize, an alternate may be selected in his/her place and, in such case, Sponsor will attempt to contact that alternate potential winner as detailed above. Sponsor is not responsible for Internet, telephone, or other communication problems of any kind.

 

10. DISCLAIMER; RELEASE: SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE

 

FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE SWEEPSTAKES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF SPONSOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, [[INSTAGRAM, FACEBOOK, TWITTER]], AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY'S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND SPONSOR’S CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITES OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SPONSOR OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, OR (XII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE SPONSOR. WINNER HEREBY ACKNOWLEDGES THAT THE SPONSOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT WHERE SUCH DISCLAIMER OF WARRANTY WOULD BE PROHIBITED BY APPLICABLE LAW.

 

11. PUBLICITY RELEASE; PRIVACY. Except where prohibited, acceptance of the Prize constitutes the winner’s permission for Sponsor to use his/her name and Sweepstakes entry provided in connection with this Sweepstakes to announce the winner and for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Sponsor’s privacy policy can be accessed by visiting [[SantaMargheritaWines.com]]. In the event of a conflict between these Official Rules and the Sponsor’s Privacy Policy, to the extent it applies, the Official Rules will control.

 

12. RIGHT TO MODIFY, SUSPEND, OR CANCEL. Sponsor reserves the right to suspend or cancel the Sweepstakes or modify these Official Rules as necessary for any reason or as required by applicable law or local regulations. Sponsor reserves the right, in its sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Sweepstakes without notice to the disqualified or banned person.

 

13. GOVERNING LAW; JURISDICTION; DISPUTES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH, THE SWEEPSTAKES OR PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR [[THE NORTHERN DISTRICT OF TEXAS OR THE APPROPRIATE TEXAS STATE COURT LOCATED IN DALLAS COUNTY, TEXAS]]; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE 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 entrants and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the state of [[Texas]], without giving effect to any choice of law or conflict of laws rules or provisions.

 

14. Winner List. To receive the Sweepstakes results (winner list) for each Sweepstakes, available after Friday, May 7, 2021, send a separate, self-addressed, stamped envelope to [[Santa Margherita USA, 1900 Sunset Harbour, Annex 3, Miami Beach 33139]]. Winner list requests must be received by May 7, 2022.

 

15. Official Rules. For a copy of Official Rules visit [[www.SantaMargheritaWines.com/AlessiGiveaway]]. If any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law. All interpretations of these Official Rules and decisions by Sponsor are final.

 

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with [[Instagram, Facebook, Twitter, or]] Alessi.