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Santa Margherita Social Contest Complete Official Rules Page 1 of 7
Santa Margherita Social Sweepstakes and Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.
THIS PROMOTION (DEFINED BELOW) IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
ELIGIBILITY: The Santa Margherita Social Sweepstakes and Contest (referred to herein as the “Promotion”), brought to you by Santa Margherita USA, Inc. (the “Sponsor”), is governed by these Official Rules. The Promotion is open only to legal residents of Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Vermont, Virginia, Washington, Wisconsin and the District of Columbia. (“D.C.”) who are (i) twenty-one (21) years of age or older and (ii) physically located in the U.S. at time of entry and at time of prize award (referred to herein as an “Eligible Entrant”). Employees, officers and directors of Sponsor, Santa Margherita USA, Inc. (the “Promoter”) and its subsidiaries, and those entities and individuals involved in the preparation of materials, administration and/or execution of this Promotion or any element thereof (collectively referred to herein as the “Promotion Entities”) and their immediate family members (spouse, siblings, children and parents including step and foster relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Suppliers, distributors and retailers of alcohol beverage products and their employees, officers and directors are also not eligible to enter. Void where prohibited or restricted by law.
AGREEMENT BY ENTRANT: All Entries (as hereinafter defined) and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound to and accepts these Official Rules, the decisions of the Promotion Entities (as hereinafter defined), which are final and binding, and any additional terms and conditions specific to the Promotion communicated by the Promotion Entities.
PROMOTION PERIOD: The Promotion begins on July 5, 2021 at 12:00:00 am Eastern Standard Time (“EST”) and ends on July 21, 2021 at 11:59:59 pm EST (the “Promotion Period”). Sponsor’s server is the official time-keeping device for this Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
THE PROMOTION: Those who wish to participate in the contest must be 21 years of age or older and enrolled in Instagram and be an Instagram user by the contest start date of July 5, 2021. By participating in the contest, Participants agree to be bound by Instagram’s Terms of Service located at https://help.instagram.com/478745558852511/?helpref=hc_fnav.
Eligible Entrants are invited to follow @santamargheritaus on Instagram, tag two friends who must also follow @santamargheritaus on Instagram and like the Social Media Contest Announcement post on Instagram (collectively, the “Theme”) during the Promotion Period.
If a participant follows the entry rules, they are entered for a chance to win one of thirteen (13) prizes. The number of times each participant’s name will appear in the final sweepstakes shall be equivalent to the number of times the Participant followed the contest entry rules.
HOW TO ENTER: Entries must comply with the following guidelines to be eligible to be entered into the sweepstakes. The Promoter and/or Administrator shall determine whether each entry conforms to these guidelines in its sole and absolute discretion.
• Following @santamargheritaus on Instagram (www.instagram.com/santamargheritaus)
• Tag two friends to follow @santamargheritaus on Instagram (www.instagram.com/santamargheritaus)
• Like the Social Media Contest Announcement post on Instagram
Private Instagram accounts will not be eligible to participate in the Social Media contest, as the Promoter and Administrator will not be able to verify if the Participant complied with the guidelines (set above) to be eligible to be entered into the sweepstakes.
Entrants may comment as many times as they desire as long as they do not copy the same two friends each time. They can tag two different friends multiple times or keep one main friend tagged while changing the second tag. Entrants will need to ensure each friend they tag complies with the rules as the random draw might pick any of their comments with two friends tagged.
Any Entry (or “Entries” in the plural) that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, garbled, undelivered, late or inaccurate are void. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s or Promoter’s sole discretion. Entries will not be acknowledged or returned. Sponsor’s or Promoter’s decisions are final on all matters relating to this Promotion. If a dispute results as to the identity of an eligible participant, it will be determined that the Entry was submitted by the authorized account holder of the Instagram account used to enter in the Promotion. “Authorized account holder” is defined as the natural person who is assigned such account by Instagram. Entrants must have an Instagram account to enter. If Entrants don’t already have an Instagram account, they can obtain one for free at www.instagram.com or they can download the free Instagram mobile application on their mobile device. Data rates may apply if you choose to participate via mobile device. See your wireless service provider for complete details. Promotion Entities are not responsible for Entries that are lost, late, damaged, delayed, altered, destroyed, forged, tampered with, mutilated, incomprehensible, misdirected, illegible, incomplete, stolen, misdirected as spam/junk, or otherwise not in compliance with these Official Rules. Proof of Entry is not proof of its receipt, or eligibility for the Promotion. Entrants may not enter with multiple or fraudulent street, email, IP addresses, devices, identities, log-ins/accounts, robotics, bots, scripts, or other mechanical/automated programs, nor may entrants use directly or indirectly any other device or artifice to participate, and any Entrant who is suspected (in Sponsor’s absolute discretion) of using prohibited or fraudulent entry methods, or any other device or artifice to enter or participate will be disqualified. Without limitation, Sponsor reserves the right, at its reasonable discretion, to refuse, disqualify, remove or withdraw any Entry and/or entrants at any time during or after the Promotion and to require immediate prize return if applicable.
In the event of any discrepancy, ambiguity, inconsistency, confusion, printing or any other error, mistake or miscommunication in any emails, announcements, websites, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, in any and all formats/media/medium or by any person or entity, these Official Rules shall govern.
This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram. You understand that you provide your information to the Promoter and Administrator, not to Instagram.
CONTENT GUIDELINES: Entries must comply with the following guidelines to be eligible. Sponsor shall determine whether each Entry conforms to these guidelines, in its sole and absolute discretion.
a. The Entry must not: i. contain content which is (or promotes activities which are) sexually explicit, obscene, pornographic, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), offensive, threatening, profane, or harassing;
ii. feature, advocate, suggest or condone excessive, underage or irresponsible consumption of alcohol beverage products;
iii. promote illegal drugs, tobacco, firearms/weapons (or the use of the foregoing) or any activities that may appear unsafe or dangerous;
iv. promote any political or religious agenda or message;
v. contain material that violates or infringes rights of a third party, including, but not limited to, material that violates privacy, publicity or intellectual property rights or that constitutes copyright infringement. Notwithstanding the foregoing, Sponsor reserves the right to permit, in its sole discretion, incidental and non-infringing uses of trademarks owned by others;
vi. defame, misrepresent or contain disparaging remarks about other people, products or companies; advertise or promote any brand or product of any kind (other than Sponsor’s product) or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
vii. contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead;
viii. communicate messages or images inconsistent with or antithetical to those that the Sponsor wishes to be associated with;
ix. violate any law or otherwise include a person under the age of twenty-one (21); and
Entries relating to “youth” or “youth-oriented activities” and/or illegal activities or behavior will be disqualified, in Sponsor’s sole discretion (collectively, the “Content Guidelines”).
Any Entry which violates the above Content Guidelines (all as solely determined by Sponsor), will be deemed ineligible. By entering, entrants represent and warrant (a) the Entry is original and has not been previously published; (b) the Entry meets the Content Guidelines; and (c) publication of all or a portion of the Entry in any media will not infringe the rights of any third party. By entering, entrants grant Sponsor, Promoter and each of their affiliates, employees and agents (the “Licensed Parties”) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display each Entry, in whole or in part, on a worldwide basis in any form, media or technology now known or later developed, including for promotional or marketing purposes. Such Licensed Parties will have the right, but not the obligation, to use any Entry. If requested, entrant will sign any documentation that may be required for the Licensed Parties to use the Entry as set forth herein. Entrants also agree to indemnify and hold harmless the Licensed Parties from any claims arising out of the Entry or the use thereof by the Licensed Parties.
Random Drawing: Thirteen (13) Prize Winners will be selected in a random drawing held on or about July 24, 2021 above from among all eligible Entries received, subject to verification of eligibility and compliance with these Official Rules (“Potential Prize Winners”). Odds of winning depend on the number of eligible Entries received for the corresponding Weekly Entry Period. All drawings will be conducted by Sponsor. Decisions of Sponsor are final and binding.
WINNER NOTIFICATION. Each Potential Grand Prize Winner and each Runner Up Prize Winner (collectively, “Potential Winner”) will be notified by direct message on Instagram, by Sponsor or its authorized designees, to request an email address that can be used for further correspondence. If a Potential Winner cannot be reached after two (2) separate attempts within forty-eight (48) hours, the prize may be forfeited.
Each Potential Grand Prize Winner will be required to return a Sweepstakes Affidavit of Eligibility and Compliance, Publicity Consent and Release and IRS W-9 form (collectively, “Releases”), as requested by Sponsor, within five (5) calendar days from the date it is sent to a Potential Winner or the Prize will be forfeited. In the Sponsor’s sole discretion, the forfeited prize may be awarded to the Entry with the next valid comment.
If the Potential Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, or declines to accept the prize, then, in the Sponsor’s sole discretion, the forfeited prize may be awarded to another eligible Entry.
Three (3) Santa Margherita branded floaty, embroidered bath robe BRANDED WINE COOLER AND BRANDED WINE STOPPER, and waterproof JBL speaker. (ARV: $200).
Runner Up Prize:
Ten (10) Santa Margherita branded floaty. (ARV: $48).
Any prize pictured in advertising or promotional materials is for illustrative purposes only and prize depicted may not be the actual prize awarded.
Santa Margherita Social Contest Complete Official Rules Page 5 of 7
The Grand Prize and Runner Up Prize are collectively referred to as, the “Prize”. An Entry may only once. In no event will any person/Instagram account be awarded more than one Prize. In no event will the Promotion Entities be responsible for awarding more than the stated prize or a different prize than as described. Only the Prize elements stated herein are included as part of the Prize. No transfer, assignment or substitution of Prize (in whole or in part), except Sponsor reserves the right to substitute a prize of equal or greater value. Prize is not redeemable for cash, in whole or in part.
Federal, state, and/or local taxes (including any income taxes) and any other fees or costs associated with the Prize are the sole responsibility of the winner. Prizes will be shipped to winners within four (4) to six (6) weeks of winner verification. Grand Prizes will shipped to the winner’s legal residence within the valid states only within three (3) months of winner verification. Without limitation, upon acceptance of the Prize, each Grand Prize Winner is solely responsible for any and all claims, actions, responsibilities, damages, liabilities, theft, losses, and destruction of whatever kind and nature arising at any time directly or indirectly from/to the prize, by whomever and whatever caused, and agrees to release and hold harmless the Promotion Entities from same.
IMPORTANT NOTICE: WITHOUT LIMITING ANY MANUFACTURER WARRANTIES, NEITHER SPONSOR, PROMOTER NOR THE PROMOTION ENTITIES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY OR CONDITION OF ANY PRIZE AND EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GENERAL: BY PARTICIPATING, ENTRANTS AND POTENTIAL WINNERS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE PROMOTION ENTITIES, THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, INVASION OF PRIVACY, PUBLICITY, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN ANY PROMOTIONAL OR PRIZE-RELATED ACTIVITY, AND/OR PARTICIPATION IN THIS PROMOTION. To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released in these Rules; and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winners consent, where lawful, to the use by Promotion Entities of their name, image, photographs, videotape, likeness, hometown name, biographical information, and voice for publicity, trade, advertising, promotional commercial and non-commercial purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for: any incorrect or inaccurate information, whether caused by site users, error, tampering, hacking, or artifice; any failures or defects of any equipment, software or programming associated with or utilized in the Promotion and/or the site; any error, omission, interruption, deletion of information, defect, delay in operation or transmission, communications failure, theft, destruction, incompatibility, or inability to access or unauthorized access to a Promotion page and/or site, network, donation, or Entry; for any unauthorized human intervention or human error; or the incorrect or inaccurate capture of donation, Entry or other information, nor for the failure to capture any such information. If, for any reason, the Promotion, or any element thereof, is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof, and select the potential winner by random from eligible non-suspect Entries received prior to the action, or as otherwise deemed fair and equitable by Sponsor. In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winner(s)/prize(s) as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any Prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of Prize(s) pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed fair and equitable by Sponsor.
FORCE MAJEURE: Promotion Entities shall not be liable to winner or any other person or entity for failure to execute the Promotion or any element thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks/artifice, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellations, delays, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/CHOICE OF LAW/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF Florida WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Miami, Florida. Unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
RELEASE OF CLAIMS (CALIFORNIA RESIDENTS ONLY): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with the Promotion and adherence to these Official Rules, they may discover facts or incur or suffer claims that were unknown or unsuspected at the time agreeing to these Official Rules, and that, if known by them at that time, may have materially affected their decision to participate in the Promotion. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
WINNER LIST: For the Prize Winner’s name, mail a self-addressed, U.S. postage stamped envelope to: Santa Margherita USA, Inc. 1900 Sunset Harbour Dr., Annex 3, Miami, FL 33139. All requests must be received by October 31, 2021. Limit one request per person/household.
SPONSOR: Santa Margherita USA, Inc. 1900 Sunset Harbour Dr., Annex 3, Miami, FL 33139.
OFFICIAL RULES: For a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to: Santa Margherita USA, Inc., 1900 Sunset Harbour Dr., Annex 3, Miami, FL 33139.