Mirabeau Rosé Gin Gift Card Giveaway Official Rules
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS 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.
OFFERED ONLY TO INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO RESIDE LEGALLY IN THE STATES OF NEW YORK OR CALIFORNIA.
1. ENTRY PERIOD: Mirabeau’s “Gift Card Giveaway” Sweepstakes (the “Sweepstakes”) sponsored by Maison Mirabeau (the “Sponsor”) begins at 12:00 A.M. Eastern Time (“ET”) on June 1, 2022, and ends at 11:59 P.M. ET on July 31, 2022 (the “Entry Period”).
2. ELIGIBILITY: The Sweepstakes is open to individuals who are 21 years of age or older at the time of entry and who reside legally in the states of New York or California (collectively, the “Eligibility Area”). Employees, officers, and directors of Sponsor, Have A Night, Inc. dba lokel group (the “Administrator”), and any of Sponsor’s parent companies, affiliates, subsidiaries, wholesale distributors, advertising and promotion agencies, printers, suppliers, or any retailers/distributors of alcohol beverages, and members of their immediate families (spouses, parents, siblings and children, and the “steps” of each (if any), regardless of where they live) and those living in the same household are not eligible to enter or win. All determinations of eligibility will be made by Sponsor and/or its designees in their sole discretion, and may be made at any time. All applicable federal, state and local laws and regulations apply. The Sweepstakes is intended for viewing and participation within the Eligibility Area only. Do not participate in the Sweepstakes unless you reside legally within the Eligibility Area. The Sweepstakes is void: (A) outside the Eligibility Area; and (B) where prohibited, taxed or restricted by law.
3. SWEEPSTAKES AGREEMENT: BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE SPONSOR AND ITS DESIGNEES, AND BY THE DECISIONS OF THE SPONSOR AND ITS DESIGNEES, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATING TO THIS SWEEPSTAKES; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 9; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION THEY PROVIDE IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER:
To earn one (1) entry into the Sweepstakes, take a photo or video of your Mirabeau Cocktail, review these Official Rules including all entry requirements, tag @maisonmirabeau on your Instagram feed post or story post, and post the entry so it is posted no later than 11:59 P.M. ET on July 31, 2022 (a “Website Entry”).
Entries will not be judged; see Section 5 for information on random winner selection. Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. The use of any device or technique to automate participation in this Sweepstakes, including but not limited to, participation using any bot, macro, script, hack, on-line sweepstakes service or form-filling software (or any other devices or techniques intended to automate any part of participation in the Sweepstakes) is prohibited. Participation by any means which subvert the participation process as described herein will be void. If Sponsor or its designee, in its sole discretion, determines that any participant has used any device or technique to automate or subvert the participation process or participation limits, all participation by that participant will be void and future participation attempts by the participant at issue may be blocked. Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of Sponsor or its designee. Entry information becomes the property of Sponsor upon submission and may not be acknowledged or returned. Proof of submission of entry does not constitute proof of receipt of entry. The “authorized account holder” is the natural person assigned to the applicable Instagram account. Potential winners may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor and/or Administrator’s satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. Note that free Internet access is available at most public libraries. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating via mobile phone, if you are a potential winner, the Sponsor and/or Administrator may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment, application, and Internet access charges, if any.
5. RANDOM DRAWING/ODDS: On or about August 8, 2022, Administrator (an independent judging organization) will conduct a random drawing from among all eligible entries to select the potential winner. Potential winner will be notified in accordance with Section 7 below. Odds of winning depend on the number of eligible entries received.
6. PRIZE DESCRIPTION: Two (2) Grand Prizes will be made available, consisting of one (1) Gift Card to a California restaurant; one (1) Gift Card to a New York restaurant. The total retail value of each Grand Prize is $250. Actual value of Grand Prize may vary. All expenses not specifically mentioned herein, are not included as part of any prize package, and are solely the winner’s responsibility, including, but not limited to: taxes, meals and beverages, ground transportation, parking fees, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. If any element of a Grand Prize is cancelled, delayed, or postponed beyond the reasonable control of Sponsor, the remaining portion of the Grand Prize will be awarded as complete and final, and no substitute compensation or refund will be offered. In the event a prize winner engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early without further compensation to a prize winner and/or his guest. Beverage alcohol is not included as part of any prize.
Winner must follow all COVID-related safety protocols and procedures required by Sponsor and/or the provider of any accommodation (“Provider”), which may include but are not limited to obtaining COVID test(s) at time(s) specified by Sponsor/Provider and furnishing proof of such tests and their satisfactory results, wearing required PPE, and/or following established sanitization procedures and behavioral/social distancing requirements. Failure to comply with these requirements may result in a winner’s forfeiture of the prize or portion thereof.
See Section 7 below for winner notification details and additional prize restrictions.
7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The name of a potential winner may be announced online prior to verification; however, any such announcement is not a guarantee of eligibility.
Potential winner will be notified by Instagram direct message, by Sponsor or Administrator. Any such direct message will instruct the potential winner to reply as specified within forty-eight hours after the time that the direct message was sent. Potential winner must reply as instructed to identify themselves, confirm their eligibility and ability to accept the prize, and provide their complete contact information within such forty-eight-hour period, or they will be disqualified. A potential winner will be required to complete an affidavit/declaration of eligibility, a liability release, and (where legal) a publicity release, and any other documentation deemed necessary for Sponsor’s verification of the winner’s eligibility, which must be returned (along with a copy of their government-issued photo ID as proof of age, if requested) within the time period specified by Sponsor or its designee at the time of such request. Proof of identity, age, and legal residence will be required to claim a prize. In Sponsor and/or Administrator’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner, potential winner may be disqualified in Sponsor and/or Administrator’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents within the required time period; (b) they fail to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor and/or Administrator’s sole discretion and if time allows, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. No responsibility is assumed for any incorrect or missing contact information associated with an entry, or for any change of such contact information after entry submission.
Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfers or cash redemption of non-cash prizes. Unless otherwise specified herein, no prize substitution will be permitted except at Sponsor’s sole discretion due to unavailability, in which case, at Sponsor’s sole discretion, a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes, and any incremental income taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize will not be awarded.
8. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS HEREBY RELEASE AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, AND ANY SOCIAL MEDIA PLATFORM USED TO ADVERTISE OR OPERATE THE SWEEPSTAKES (INCLUDING BUT NOT LIMITED TO INSTAGRAM), TOGETHER WITH THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, WHOLESALE DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, PRINTERS, AND SUPPLIERS, AS WELL AS ANY DISTRIBUTORS AND RETAILERS OF ALCOHOL BEVERAGES, TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, PARTICIPATION IN, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR AND/OR ADMINISTRATOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY SWEEPSTAKES-RELATED WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. GENERAL: Releasees and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, registration forms, release forms or any other documents; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Sponsor, including the inability to submit entries or other disruption related to Internet or wireless traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant’s access of the Sweepstakes, whether human, mechanical or electronic, (e) incorrect or inaccurate information whether caused by Sweepstakes participants or by any of the programming or equipment associated with or used in the Sweepstakes; (f) any printing errors or human errors, including but not limited to any human, mechanical or electronic error which may occur in the processing of the entries or announcement of winners; (g) changes to social media platform policies and procedures that may interfere with the operation of the Sweepstakes; (h) content filtering or any malfunction/error/failure which may impact the accessibility of a Promotional Post, entries, or the transmission or receipt of winner verification notices (or other communications with a winner or potential winner); or (i) unauthorized human intervention in the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Releasees are not responsible for the actions of participants or other individuals in connection with the Sweepstakes, including participants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, disease, pandemic, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Participation must be made by the participant and via the means described in these Official Rules only. Any failure by Sponsor and/or Administrator to enforce any of these Official Rules will not constitute a waiver of such Official Rules. By participating in this Sweepstakes, participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Sweepstakes, including its administration. When terms such as “may” are used in the Terms and Conditions, Sponsor and/or Administrator have sole and absolute discretion. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. CONDUCT: Sponsor and/or Administrator reserve the right, at any time and in their sole discretion, to disqualify and/or deem ineligible to further participate in this Sweepstakes or any future Sponsor promotions, any individual suspected: (a) to be tampering with the entry process or the operation of the Sweepstakes or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
11. PUBLICITY: By participating in the Sweepstakes, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, image picture, address (city and state), voice, biographical information, and written or oral statements regarding the Sweepstakes or Sponsor’s products (collectively, the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
12. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Sweepstakes you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over New Jersey; (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 (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ANY WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Sweepstakes, participants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries or prize claims for all purposes related to the Sweepstakes (including, without limitation, processing and administering entries or prize claims, sharing an participant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Sweepstakes, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Sweepstakes), as well as in accordance with Sponsor’s Privacy Policy published at https://www.maisonmirabeau.com/privacy/ provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review Sponsor’s Privacy Policy before participating. If you object to anything stated in these Official Rules or Sponsor’s Privacy Policy, do not participate in the Sweepstakes.
14. 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.
15. WINNER LIST: For the first name, last initial, city, and state of the winner, mail a self-addressed, stamped envelope to be received by July 31, 2022, to: Mirabeau Sweepstakes Winner List, PO Box 1154, Hoboken, NJ 07030. Winner may also be announced on the Sponsor’s website and/or social media accounts, at Sponsor’s sole discretion.
Sponsor: Maison Mirabeau, IMPORTED BY MASSANOIS LLC, NEW YORK, NY
Administrator: Have A Night, Inc. dba lokel group, PO Box 1154, Hoboken, NJ 07030
The Sweepstakes in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or Instagram. You understand that you are providing your information to Sponsor, not to Facebook, Twitter, or Instagram. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Facebook, Twitter, or Instagram.
Copyright © 2022 Maison Mirabeau, MIRABEAU ROSÉ GIN. 43% ALC./VOL. IMPORTED BY MASSANOIS LLC, NEW YORK, NY
Please drink responsibly.