These Contest Rules and Regulations (the “Rules” or “Agreement”) are made and entered into by and between you (“Participant”, “you” or “your”) and Santa Margherita USA, Inc. (as further defined below) for the purposes of participating in the Santa Margherita Social Media Contest(“Contest”).
THESE RULES CONTAIN WARRANTY AND LIABILITY DISCLAIMERS, AS WELL AS WAIVERS OF CLASS ACTIONS AND JURY TRIALS. This OFFICIAL RULESGOVERN HOW DISPUTES BETWEEN YOU AND THE PROMOTER AND/OR ADMINISTRATOR CAN BE RESOLVED. THEY CONTAIN A BINDING AND FINAL ARBITRATION PROVISION. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. BY ENTERING INTO THIS CONTEST, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS HEREOF AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.
SANTA MARGHERITA USA, INC., a Florida corporation (“Promoter”)
1900 Sunset Harbor Drive, Annex-3
Miami Beach, FL 33139
SANTA MARGHERITA USA, INC., a Florida corporation (“Administrator”)
1900 Sunset Harbor Drive, Annex-3
Miami Beach, FL 33139
United States of America, excluding Alaska, Hawaii, and Puerto Rico.
DURATION OF THE CONTEST
September 1st, 2020 through and until September 4th, 2020. Winner(s) will be announced on or before September 8th, 2020.
PURPOSE OF THE CONTEST
The Contest’s purpose is to promote the dissemination and awareness of the Santa Margherita brand.
Natural persons of legal drinking age who reside in the United States, to the extent permitted under applicable state law. Some states may have laws that prohibit or restrict an individuals ability to participate in or take advantage of the Contest and its Prizes (e.g., CT, KS, LA, MS, PA, TX, UT).
The following persons and business entities will be excluded from the Contest and are not eligible to participate: (i) employees and collaborators of the Promoter, (ii) companies, directly or indirectly, related to or affiliated with the Promoter, and (iii) any organizations involved in the administration of the Contest.
At the conclusion of the Contest, a total of ten (10) Prizes (each a “Prize” and collectively, the“Prizes”) will be awarded; Prizes are further described below.
CONTEST AND PARTICIPATION RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR RECEIVE PRIZES. PURCHASE OR ACCEPTANCE OF A PRODUCT OFFER DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Subject to the restrictions discussed below, participation in the Contest is open to any natural person of legal drinking age who visits www.instagram.com/santamargheritausorwww.facebook.com/santamargheritaus and proceeds to register to participate in the Contest during the time period from September 1st, 2020 through and until September 4th, 2020 (“ContestTerm”).
For a chance to win one of the Prizes, as defined below, Participants may be required to enter their personal data (first name, last name, valid email address, date of birth, home address, gender, phone number) and accept the conditions outlined in the Rules.
PLEASE NOTE THAT NO PRIZES WILL BE SENT TO A P.O. BOX ADDRESS.
Those who wish to participate in the Contest must be enrolled in facebook and/or Instagram and be Facebook and/or Instagram users by the Contest start date (September 1, 2020). By participating in the Contest, participants agree to be bound by Facebook’s Terms of Service located at https://www.facebook.com/terms.php; and/or Instagram’s Terms of Service located at https://help.instagram.com/478745558852511/?helpref=hc_fnav.
After following the participation Rules (“HOW DOES A CONTESTANT ENTER TO WIN”), the Participant will be entered into the contest. Participants will be entered for a chance to win one of 10 Prizes via a raffle (as defined below). The number of times each Participant’s name will appear in the final raffle shall be equivalent to the amount of times the Participant followed theContest Entry Rules.
HOW DOES A CONTESTANT ENTER TO WIN? (Contest Entry Rules)
Entries must comply with the following guidelines to be eligible to be entered into the raffle. The Promoter and/or Administrator shall determine whether each Entry conforms to these guidelines, in its sole and absolute discretion.
- Following Santa Margherita US on Facebook (www.facebook.com/santamargheritaus) and/or Instagram (www.instagram.com/santamargheritaus)
- Tag a friend to follow Santa Margherita US on Facebook (www.facebook.com/santamargheritaus) and/or Instagram (www.instagram.com/santamargheritaus)
- Like the Social Media Contest Announcement post on Facebook and/or Instagram
Private Facebook and/or Instagram accounts will not be eligible to participate in the SocialMedia 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 Raffle.
This Promotion is in no way sponsored, endorsed or administered by, or associated withFacebook and/or Instagram. You understand that you are providing your information to Promoter and Administrator, and not to Facebook and/or Instagram.
The Participants’ data and participation will be tracked by SANTA MARGHERITA USA INC., as the Administrator.
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 the 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, email 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
- X. Entries relating to “youth” or “youth-oriented activities” and/or illegal activities or behavior will be disqualified, in the Administrator’s sole discretion (collectively, the “Content Guidelines”).
Any Entry which violates the above Contest Entry Rules (all as solely determined by Promoter and/or Administrator), will be deemed ineligible.
IDENTIFICATION OF WINNER(S)
The Contest offers Participants the chance to win the following Prizes:
- Prizes Awarded During the Course of the Competition: During the course of the Contest, 10 Participants will be selected as Winner(s). The Prizes will consist of the following:
- A. Ten (10) Macelleria Cecchini Olive Oils, One (1) in each Prize;
- B. Ten (10) Macelleria Cecchini ‘Profumo del Chianti’ salts, One (1) in each Prize;
- C. Ten (10) Maccelleria Cecchini ‘Senape’ sweet hot mustards, One (1) in each Prize;
- D. Twenty (20) Santa Margherita unbreakable wine glasses, Two (2) in each Prize.
The Prizes will be awarded based upon a raffle process, as further set forth below.
RESTRICTIONS AND LIMITATIONS
Subject to the restrictions discussed below, the Prizes must be claimed on or before September 30th, 2020, otherwise the Prize Winner(s) will forfeit all rights to collect the Prize(s).
Ten (10) Participants will be selected in a raffle held on September 8th, 2020 from among all eligible Entries received, subject to verification of eligibility and compliance with these official Rules. Odds of winning depend on the number of eligible Entries received for the corresponding Duration of the Content. All drawings will be conducted by the Promoter and/or Administrator. Decisions of Promoter and/or Administrator are final and binding.
If for whatever reason it is not possible to assign a Prize to one or more of the Winner(s) or if aparticular Winner(s) does not accept or claim his/her Prize, then the Administrator will assign the unclaimed or unassigned Prize to the next eligible recipient who the Administrator has identified as a “reserve.”
The Administrator will compile a list of up to five (5) Reserves in the event the initial Winner(s)fail to claim their Prize(s) or otherwise become ineligible for such Prize.
The assignment of the Prize in favor of reserves will take into account the chronological order in which the names of the reserves were chosen and identified.
DELIVERY OF PRIZES
Within three (3) business days from the date of raffle, the Winner(s) of the awards will receive an email confirming their Prize at the email address provided via direct message. Winner(s) must respond by accepting the Prize and attaching a copy of their valid identification document (“ID”)to their reply. Determining the validity of such ID is subject to the Administrator’s discretion.
If within the next three (3) business days the Winner(s) has not responded to the email communication accepting the award and providing his/her ID, the Promoter will proceed to send a second and last email notification.
If within an additional 3 business day period, the Winner(s) has not responded to the email communication, or in the event of any other disqualifications, then either the Promoter or administrator will contact the Participants identified as “reserves.”
Once the Prize has been claimed and accepted by the Winner(s) and the Administrator has verified and approved the Winner(s)’s identification, the Prizes will be delivered to the winner(s).
The Contest will be advertised via the social media channels of the Promoter. All communications relating to the Contest will be in accordance with the Contest Rules and Regulations. The complete rules will be available on the website of the Contest:www.instagram.com/santamargheritaus.
ACCEPTANCE OF RULES
All Participants who register to participate in this Contest automatically accept the Contest Rules and Regulations in their entirety by registering to participate.
RIGHT TO SUSPEND, MODIFY OR TERMINATE
If for any reason the Contest is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Promoter or Administrator reserves the right to cancel, suspend or modify the Contest, or any part of it, and disqualify any individual who is responsible for such action. If terminated, the Promoter or Administrator may, in its sole discretion, determine the Winner(s) from among all eligible Participants received up to the time of such action using the procedures described herein.
LIMITATIONS OF LIABILITY AND RELEASE
No liability or responsibility is assumed by the Promoter or Administrator resulting from participant’s participation in, or attempt to, participate in the Contest, ability or inability to upload or download any information in connection with the Contest, or from the disruption of third-party services such as mail delivery. No responsibility or liability is assumed by the promoter or the Administrator for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation or administration of the Contest; hardware or software errors; faulty computer, cable, satellite,network, electronic, internet connectivity or other online or network communication problems;errors or limitations of any internet service providers, servers, hosts or other providers; garbled,jumbled or faulty data transmissions; failure of any online transmissions to be sent or received;lost, late, delayed or intercepted transmissions; inaccessibility of the contestant or his/her profile in whole or in part for any reason; traffic congestion on the internet or the contestant’s servers;unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Promoter and the Administrator are not responsible for any printing, typographical, technical, computer, network or human error, which may occur in the administration of the Contest or in any Contest-related materials.
By participating in the Contest, entrants agree: (i) to release, hold harmless and indemnify the promoter, Administrator, Facebook, Inc., Instagram, Inc., and Google Inc., and their respective parents, subsidiaries, directors, officers, managers, agents, suppliers, affiliates, attorneys and employees from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest; and (ii) that all causes of action arising out of or otherwise connected with this Contest, or any Prize awarded, will be resolved individually by binding arbitration, without resort to any form of class action.
By accepting a Prize, Winner(s) agrees that the Promoter and Administrator together with their subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest and their officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by Winner(s) against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any Prize.
In no event will the Promoter be obligated to replace any lost Prize or any items purchased with or exchanged for the value of the Prize or any portion thereof. The Promoter assumes no liability for lost, late, incomplete, inaccurate, undeliverable or misdirected entries, notifications and/or responses, or for any computer, online, software, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Promoter is not responsible for damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in connection with this Contest.
The Promoter assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason whatsoever, including but not limited to reasons beyond the control of the Promoter, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside the control of the Promoter which impair or affect the administration, security, fairness, integrity, or proper conduct of this Contest. The Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest. The Promoter and Administrator assume no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a Participant’s internet service provider and/or email client or for insufficient space in the participant’s email account to receive the email. The contest is void, in whole or part, where prohibited by law and is subject to all applicable laws and regulations.
Any attempt by an individual, whether or not a Participant, to deliberately interfere with the operation of the contest is a violation of criminal and civil laws, and the Promoter and administrator each reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.
PRIVACY AND PUBLICITY RELEASE
By participating in the Contest, each Participant consents to the Promoter and Administrator’scollection and use of the Participant’s name, mailing address, email address, photograph and likeness (“Personal Information”) for the purpose of administering the Contest (including but not limited to contacting and announcing the Winner(s) and Final Grand Prize Winner(s) and for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law. The Promoter andAdministrator will use the entrant’s Personal Information only for identification purposes and will protect the entrant’s Personal Information in a manner that is consistent with privacy laws.
Contestants agree and acknowledge that personal data submitted with an entry, including name,mailing address, phone number, and email address may be collected, processed, stored and otherwise used by the Promoter and Administrator, their authorized agents and their affiliates forthe purposes of conducting and administering the Contest.
The Promoter and Administrator may use the information collected from and about the participants to contact them from time to time, including, without limitation, for any of the following purposes:
- to respond to the Participants’ comments or questions;
- to improve the website, products, and services; develop new products or services; and conduct analyses to enhance current products and services;
- to send to the Participants promotional offers, newsletters, materials, and other communications and information about the Promoter, its affiliates and its partners;
- to send to the Participants promotional offers, newsletters, materials, and other communications and information about the Administrator, its affiliates and its partners;
- to contact the Participants when necessary;
- to use the Participants’ data in an aggregated non-specific format for analytical and demographic purposes.
By accepting a Prize, Winner(s) consents to the publication and use of their name, address (city, and state), voice, statements, photographs, image, and/or likeness in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, radio, television, and on the internet for any purpose in connection with the Contest including, without limitation,for the purposes of advertising and trade, and promoting the Promoter and its services, without further notice or compensation.
- The Prizes are not cumulative and are non-transferable for cash, gold coins or any other item of value. During the competition, each Participant may receive a maximum of only one Prize.
- Prizes cannot be transferred to third parties.
- Participants that, according to the judgment and discretion of the Promoter or the Administrator, increase the probability of winning with incorrect methods, or behave in a suspicious manner suggestive of fraud, unsportsmanlike conduct, or in violation of the normal development of the initiative, will be immediately and automatically disqualified from the Contest.
- The Promoter and Administrator each reserves the right to confirm the winnings after verifying compliance with the Contest Rules and Regulations.7. The Prizes will be delivered to the address indicated by the Winner(s) at the time of the acceptance of the Prize, within 180 days from the date of publication of the Winner(s).
REQUESTS FOR INFORMATION
To obtain the Winners’ names or a copy of these Rules, send a request along with a stamped, self-addressed envelope to the Administrator at the address specified above. Such requests must bereceived no later than September 8th, 2020.
In case any provision of these Contest Rules and Regulations is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will, to the extent permitted by law, remain unaffected and in effect.
You agree that any dispute, controversy or claim arising out of or relating in any way to the contest Rules and Regulations or participation in the Contest including, without limitation, any dispute concerning the construction, validity, interpretation, enforceability or breach of the contest Rules and Regulations, will be exclusively resolved by binding arbitration upon a party submission of the dispute to arbitration. The arbitration will be conducted by three arbitrators. Each party shall select an arbitrator within (10) ten days of the introduction of the arbitration who shall serve as a neutral arbitrator. The two designated arbitrators shall select a third neutral arbitrator within (20) twenty days of their selection. If the two arbitrators cannot agree on selection of a third arbitrator within (20) twenty days of their appointment, the international court of Arbitration shall select such arbitrator in accordance with the terms of this clause. The arbitration will be conducted in Miami-Dade County, Florida, in the English language in accordance with the then-existing International Chamber of Commerce Arbitration Rules. The laws of the State of Florida will be applied in any arbitration proceedings, without regard to principles of conflict of laws. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
Questions concerning the construction, validity, interpretation and enforceability of these contest rules and Regulations, Participants’ rights and obligations, or the rights and obligations of the Promoter and Administrator in connection with the Contest, will be governed by and construed exclusively in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules.