Pink Cork for the Cause – Rules

MIONETTO “PINK CORK FOR THE CAUSE” PROMOTION 2016 OFFICIAL RULES 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
PURCHASE OF ALCOHOL BEVERAGE IS NOT REQUIRED TO PARTICIPATE.  

THIS PROMOTION IS INTENDED FOR PARTICIPATION BY PERSONS AGE TWENTY-ONE (21) OR OLDER IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY (EXCLUDING PENNSYLVANIA); HOWEVER, NOTE THAT: [A] A CERTAIN SEGMENT OF THE PROMOTION IS NOT OFFERED IN (NOR TO RESIDENTS OF) CALIFORNIA, NEW JERSEY, PENNSYLVANIA, TEXAS, UTAH, VERMONT, AND WEST VIRGINIA; AND [B] A CERTAIN SEGMENT OF THE PROMOTION IS ONLY OFFERED IN (AND TO RESIDENTS OF) CALIFORNIA, NEW JERSEY, TEXAS, UTAH, VERMONT, AND WEST VIRGINIA.  

  1. PROGRAM DESCRIPTION AND GEOGRAPHIC ELIGIBILITY: The Mionetto “Pink Cork for the Cause” Promotion (the “Promotion”), sponsored by Mionetto U.S.A. Inc. (“Sponsor”) begins at 12:01 AM Eastern Time (“ET”) on September 1, 2016, and ends at 11:59 PM ET on October 31, 2016 (the “Entry Period”). The Promotion is comprised of the following segments:
  • A “Primary Game” which is offered in (and to legal residents of) the 50 United States and DC who are age 21 or older, EXCLUDING THE STATES OF (AND RESIDENTS OF) CALIFORNIA, NEW JERSEY, PENNSYLVANIA, TEXAS, UTAH, VERMONT, AND WEST VIRGINIA;
  • An “Online Sweepstakes” which is offered in (and to legal residents of) California, New Jersey, Texas, Utah, Vermont, and West Virginia who are age 21 or older; and
  • A “Grand Prize Sweepstakes” drawing from among the winners of both the Primary Game and the Online Sweepstakes.

Residents of Pennsylvania are not eligible to participate in any aspect of the Promotion.

  1. ELIGIBILITY RESTRICTIONS: The following individuals are NOT eligible to participate in any aspect of the Promotion: employees, officers and directors of Sponsor and Sponsor’s parent companies, subsidiaries, divisions, affiliates, and the advertising, promotional and judging agencies of each, including Promotion Mechanics, Inc. (“Administrator”); employees, officers and directors of any other entities affiliated with the development and administration of the Promotion (aforementioned individuals and organizations collectively, the “Promotion Parties”); employees, officers and directors of any alcohol beverage wholesalers and retailers; and the immediate family members (parent, child, sibling, spouse) of each such person, and persons living in the same household as each such person (whether related or not). Any determinations of eligibility will be made by the Sponsor whose decisions are final, and may be made at any time. The Promotion is void in Pennsylvania and where prohibited. All federal, state and local laws and regulations apply.
  1. AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes the participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Promotion Parties, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein. Any participant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules. For the purposes of these Official Rules, the term “participant” includes any entrant or prize recipient.
  1. PRIMARY GAME:

4a. TO PLAY THE PRIMARY GAME (NO PURCHASE NECESSARY): Participating bottles of Mionetto Prestige Brut and Gran Rosé marked with a Promotion necker will be made available within the 50 United States and the District of Columbia (EXCLUDING CALIFORNIA, NEW JERSEY, PENNSYLVANIA, TEXAS, UTAH, VERMONT, AND WEST VIRGINIA) during the Entry Period or until supplies are exhausted, whichever occurs earlier. To play the Primary Game, purchase one of these bottles at a participating location in an eligible state, and remove the wrap from the top of the bottle to see if your bottle contains an official winning pink cork. If your bottle contains an official winning pink cork, you may claim a Pink Hand Mixer Prize (prize described below in Section 4b), subject to verification and compliance with these Official Rules. If your bottle does not contain an official winning pink cork, you are not a winner.

To verify/claim a prize in the Primary Game: To verify your winning cork and claim a prize, print your name, complete address, phone number and age on a 3”x5” piece of paper and mail it, along with your official winning pink cork (take a photograph of your official winning pink cork for your records) to: Mionetto Primary Game Prize Claim, PO Box 750, Southbury, CT 06488-0750. Prize claims must be received by November 30, 2016. Claims received after November 30, 2016 are void. It is recommended that winners send prize claims in a padded envelope, via traceable mail.

To play the Primary Game without purchase: To receive one free Primary Game play and a copy of these Official Rules, mail a self-addressed, stamped envelope postmarked by October 31, 2016 and received by November 7, 2016 to: Mionetto Primary Game Play, PO Box 750, Southbury, CT 06488-0750. Administrator will play the Primary Game on your behalf, and will return the results of your free Primary Game play (along with prize claim instructions, if you are a winner) in your self-addressed, stamped envelope.

Winners will be preliminarily verified by mail within 6-8 weeks. All claims are subject to verification and are void if the result of an error or if game cork is forged, reproduced, not legitimately obtained, mutilated, incomplete, or otherwise in error or tampered with. Proof of mailing does not constitute proof of delivery of a winning game cork. Participant assumes all risk of loss or damage to, or destruction of, game corks. You are not a winner until your winning game cork has been verified by Administrator (an independent judging organization), and you have complied with the Official Rules.

4b. PRIZES AND ODDS FOR THE PRIMARY GAME: The following prizes will be made available in the Primary Game: One Hundred Fourteen (114) Pink Hand Mixer Prizes, approximate retail value (“ARV”) $50 each, odds of winning 1:2,561. The total number of participating bottles in the Primary Game is 292,000. Unclaimed prizes will not be awarded. See Section 6 below for an additional prize opportunity for winners of the Primary Game. See additional prize restrictions below in Section 7.

  1. ONLINE SWEEPSTAKES:

      5a. TO ENTER THE ONLINE SWEEPSTAKES: The Online Sweepstakes is open to legal residents of California, New Jersey, Texas, Utah, Vermont, and West Virginia who are age 21 or older. To enter the Online Sweepstakes, visit http://mionettoproseccousa.com/pinkcorkforthecause during the Entry Period, locate the Online Sweepstakes entry form, provide the required information to complete the entry form, and submit the entry form so it is received no later than 11:59 PM ET on October 31, 2016. Limit one (1) Online Sweepstakes entry per person/email address. As part of the Sweepstakes entry process, entrants must indicate that they have read, accept, and agree to be bound by these Official Rules. Any attempt by a person to gain more entries than permitted by these Official Rules (including but not limited to the use of robotic/automatic entry devices, multiple online accounts, or multiple identities) shall result in disqualification in Sponsor’s sole discretion. Proof of submission of entry does not constitute proof of receipt of entry. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email or postal address during the Promotion. Late entries will be void and ineligible. Multiple entrants are not permitted to share the same email address. All submitted information becomes property of Sponsor and will not be acknowledged or returned. Entries by any means which subvert the entry process will be void. Entrants are solely responsible for internet access and usage charges incurred during participation in the Sweepstakes, if any. Note that free internet access is available at most public libraries.

5b. ONLINE SWEEPSTAKES RANDOM DRAWING/PRIZES/ODDS: On or about November 9, 2016, the Administrator, an independent judging organization, will conduct a random drawing from among all eligible Online Sweepstakes entries to award two (2) Pink Hand Mixer Prizes, ARV $50 each. Odds of winning depend on the number of valid Online Sweepstakes entries received. See Section 6 below for additional prize opportunity for winners of the Online Sweepstakes. See additional prize restrictions below in Section 7.

  1. GRAND PRIZE SWEEPSTAKES:

On or about December 7, 2016, the Administrator, an independent judging organization, will conduct a random drawing from a drawing pool consisting of the verified Pink Hand Mixer Prize winners from the Primary Game plus the two (2) Online Sweepstakes winners, to award a total of three (3) Charitable Donation Prizes, each consisting of a $10,000 donation made to the breast cancer charity of the winner’s choice (subject to Sponsor’s approval). Odds of winning depend on the number of verified Pink Hand Mixer Prize winners in the Primary Game, plus the two (2) Online Sweepstakes winners. Each selected breast cancer charity must be established as a non-profit organization under section 501(c)3 of the Internal Revenue Code, and will be required to provide complete contact information and evidence of their 501(c)3 status to Sponsor. Winners will not be entitled to any tax gain or benefit on the value of the donations made by the Sponsor, and the winners will not be liable for taxes (if any) imposed on said donations. Sponsor will have final approval of each donation charity. See additional prize restrictions below in Section 7. The total ARV of all prizes offered in the Primary Game, Online Sweepstakes, and Grand Prize Sweepstakes together is $35,800. 

  1. ADDITIONAL PRIZE RESTRICTIONS/WINNER NOTIFICATION: Actual prize(s) may vary from the prize(s) pictured in promotional advertising. Expenses not specified will be the responsibility of the applicable prize recipient. Any prize details not specified above will be determined by Sponsor in its sole discretion. No prize transfer. No prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable prize recipient. Proof of identity, age and/or legal residence may be required to claim a prize. Winners and prize recipients will be notified by email, phone, postal mail and/or express mail at Sponsor’s sole discretion. At Sponsor’s sole discretion, winners and prize recipients may be required to complete an affidavit of eligibility, a liability release, and (where legal) a publicity release, which must be returned (along with proof of age) within seven (7) days of attempted notification, or the applicable prize will be forfeited. Inability to contact a winner or prize recipient, the return of any prize notification as undeliverable, or failure by winner or prize recipient to return required documents within the timeframe specified in the applicable notification letter, will result in the prize being forfeited. In Sponsor’s sole discretion, a forfeited prize may be awarded to an alternate winner selected at random from among the applicable remaining entries.
  1. 8. GENERAL: Releasees (as defined below in Section 11) are not responsible for late, lost, stolen, misdirected, delayed, illegible, inaccurate, incorrect game corks, game plays, entries, forms, or prize claims, or for other failures, problems, malfunctions or errors whether caused by equipment human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of game plays, game corks or prize claims, the announcement of the prizes or winners, or for printing, typographical, human, seeding or other errors in connection with this Promotion or other such errors appearing in these Official Rules, any game corks or other Promotion-related materials. Game corks are void if not obtained in accordance with these Official Rules, or if any part is forged, illegible, counterfeited, incomplete, mechanically reproduced, photocopied, altered, mutilated or tampered with in any way, or if they contain printing, production, typographical, mechanical or other errors. Releasees will have no liability for damaged game corks or game corks containing printing, production, typographical, mechanical or other errors, except the Sponsor may replace such game corks with other game corks (or a replacement prize opportunity of equivalent odds and value), while supplies last. Although Sponsor attempts to ensure the integrity of the Promotion, Releasees are not responsible for the actions of participants or other individuals in connection with the Promotion, including participants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Releasees are not responsible for injury or damage to participant’s or to any other person’s computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Promotion or downloading materials from or using any website. In the event of any conflict between any Promotion details contained in these Official Rules and Promotion details contained in any Promotion advertising materials or disclosures, the details of the Promotion as set forth in these Official Rules shall prevail. If, for any reason, the Promotion 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 Promotion, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Promotion, and to select winners from among all eligible non-suspect entries and/or prize claims 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. You are not a winner until your entry or game cork has been verified and you have complied with these Official Rules. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules, at any prize level. If, due to a printing, production, typographical, mechanical or other error, the number of prize claims received is greater than the listed number of prizes at any prize level, such listed number of prizes (or in Sponsor’s sole discretion, the number of available prizes remaining at such prize level, at the time such error is discovered) will be awarded in a random drawing from among all eligible participants who: [a] submit a legitimate prize claim for that level; and [b] have not already received one of the applicable prizes prior to the discovery of such error.
  1. RIGHTS OF PUBLICITY: By participating in this Promotion, unless prohibited by law, each potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by participating in this Promotion, unless prohibited by law, each potential prize recipient agrees to grant to Sponsor and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize recipient’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration.

    10. CONDUCT: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS: (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF SPONSOR (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; (B) REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE PROMOTION IS TRUE, ACCURATE AND COMPLETE; AND (C) AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. SPONSOR RESERVES THE RIGHT, AT ANY TIME AND AT ITS SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS PROMOTION OR ANY FUTURE SPONSOR PROMOTIONS, ANY INDIVIDUAL IT SUSPECTS: (A) TO BE TAMPERING WITH THE PARTICIPATION PROCESS OR THE OPERATION OF THE PROMOTION OR ANY WEBSITE; (B) TO BE ACTING IN VIOLATION OF THE 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. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

    11. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE PROMOTION PARTIES, FACEBOOK, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, Affiliates, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION, ATTENDANCE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY GAME CORK OR PRIZE.

    12. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE PROVIDED IN CONNECTION WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH ANY 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.

    13. DISPUTES/GOVERNING LAW: Except where prohibited, each participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Westchester County, New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

  1. COLLECTION AND USE OF PERSONAL INFORMATION: By participating in the Promotion, participants agree and consent to Sponsor’s collection, use and retention of their personal information provided in the course of participation for all purposes related to the Promotion (including, without limitation, processing and administering entries, sharing a participant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Promotion, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Promotion). In the event of any conflict between these Official Rules and any applicable website privacy policy, the terms and conditions of these Official Rules shall prevail.
  1. MISCELLANEOUS:

(a) Severability/Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

(b) Winners: To receive the name, city and state of the winners, send a self-addressed, stamped envelope to: Mionetto “Pink Cork for the Cause” Promotion Winners, PO Box 750, Southbury, CT 06488-0750. Requests must be received by February 15, 2017.

(c) Rules Requests: To receive a copy of these Official Rules, send a self-addressed, stamped envelope to Mionetto “Pink Cork for the Cause” Promotion Official Rules, PO Box 750, Southbury, CT 06488-0750. Requests must be received by February 15, 2017.

Sponsor: Mionetto U.S.A. Inc., 81 Main Street, Suite 303, White Plains, New York 10601

© 2016 Mionetto U.S.A. Inc. All rights reserved.

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