“SANTA MARGHERITA SUMMER”,
CONTEST RULES AND REGULATIONS
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 Summer Contest (“Contest”).
THESE RULES CONTAIN WARRANTY AND LIABILITY DISCLAIMERS, AS WELL AS WAIVERS OF CLASS ACTIONS AND JURY TRIALS. THESE OFFICIAL RULES GOVERN HOW DISPUTES BETWEEN YOU AND THE PROMOTOR AND/OR ADMINSTRATOR CAN BE RESOLVED. IT CONTAINS 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 Harbour Drive, Annex-3
Miami Beach, FL 33139
MAN SUPER, INC., a Florida corporation (“Administrator”)
168 SE 1st St. Suite 703
Miami, FL 33131
United States of America, excluding Alaska, Hawaii, and Puerto Rico.
DURATION OF THE CONTEST
May 1, 2019 through and until June 30, 2019. Winner(s) will be announced on or before July 8, 2019.
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 individual’s ability to participate 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 Promotor, (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 one hundred fifty-two (152) Prizes (each a “Prize” and collectively, the “Prizes”) will be awarded, which 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 SMSummer.com and proceeds to register to participate in the Contest during the time period from May 1, 2019 through and until June 30, 2019 (“Contest Term”).
For a chance to win one of the Prizes, as defined below, Participants may be required to enter their personal data (name, last name, valid email address, date of birth, home address, gender, password) and accept the conditions outlined in the these 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 be Facebook users by the Contest start date (May 1, 2019). By participating in the Contest, Participants agree to be bound by Facebook’s Terms of Service located at https://www.facebook.com/terms.php.
After registration, each Participant will receive a unique URL (each a “Link”) with which each Participant will be associated. Each Link will allow a Participant to earn Points (“Points”) throughout the duration of the Contest. The Points earned by the Participant will be visible at all times and for the entire duration of the Contest by accessing the Participant’s user profile created at the time of registration (“Profile”). The total number of Points accumulated and earned by a Participant will contribute to their chances of winning one or more Prizes. Participants may win one of 152 Prizes and then be entered into the final raffle for the Grand Prize (as defined below). The number of Points any Participant has at the expiration of the Contest shall equal the number of times each Participant’s name will appear in the final, grand Prize raffle.
HOW DOES A CONTESTANT EARN POINTS?
Each Participant will be able to earn Points online in the following ways:
- REGISTRATION through the dedicated website: +450 Points
- REGISTRATION by accessing the dedicated site through the link of another Participant: +900 Points
- ENTRY of a new Participant made through your own link: +450 Points
- FOLLOW us on Instagram: +200 Points
- FACEBOOK with the first share of the link: +200 Points
- INSTAGRAM with the share of your photo with #SMSummer and tag @santamargheritaus: +200 Points
Please note that it may take up to seventy-two (72) hours for Points to show in the Participants’ Profile. Private Instagram Accounts will not be eligible to receive Points related to any Instagram activity.
The Participants’ data and their accumulated Points will be tracked by an online platform created, certified and managed by MAN SUPER, INC., as the Administrator.
IDENTIFICATION OF WINNER(S)
The Contest offers Participants the chance to win the following Prizes:
1. Prizes Awarded During the Course of the Competition
During the course of the Contest 152 Participants will be selected as Winner(s). The Prizes will consist of the following:
- Fifty (50) Santa Margherita caps; and
- One hundred (100) Santa Margherita branded espresso cups and saucers (collectively, the “Prizes”); and
- Two (2) Final Grand Prizes will be a stay in Chicago, Illinois plus two (2) round trip airfare economy class tickets from any city in the Continental U.S. to Chicago, IL. See below for further information (“Final Grand Prizes”)
The Final Grand Prizes will be awarded based upon a raffle process, as further set forth below. The remaining 150 Prizes will go to the 150 Participants who have earned the greatest number of Points during the Contest Term. The Final Grand Prize Winner(s) will not be eligible to receive any other Prizes. The Winner(s) of any Prize which is not the Final Grand Prize is hereinafter referred to as a “Winner(s)”. The Winner(s) of the Final Grand Prizes are hereinafter referred to as the “Final Grand Prize Winner(s)”.
In the case of a tie-breaker, the Participant who first registered in the Contest will be named as the Winner(s).
2. Final Grand Prizes
After the end of the Contest Term, a file will be generated in Microsoft Excel format with the list of the Participants and the Points accumulated by each Participant. Each Point earned by a Participant will count as one (1) entry in the raffle. For example, if a Participant has 450 Points earned by registration then the Participant’s name will appear 450 times in the raffle.
The selection of the Final Grand Prize Winner(s) will be carried out by Microsoft Excel. Each Participant will have as many chances to win according to Points accumulated during the Contest. The raffle selection process will be carried out using the "random" function of Microsoft Excel and carried out by the Administrator.
The 2 (Two) Final Grand Prizes will consist of a three-day and two-night experience in Chicago, Illinois plus two (2) round trip airfare economy class tickets from any city in the Continental United States to Chicago, Illinois. The Chicago experience shall also include: (i) a private condominium (“Condominium”) for use by the Final Grand Prize Winner(s) and his/her guest, (ii) transportation via private car from/to airport to/from the Condominium, (iii) one (1) meal prepared by a private chef at the Condominium (complete with wine-pairing), and (iv) one (1) pre-fixe meal at a Chicago restaurant (complete with wine-pairing), to be selected by the Promotor.
In order to be eligible to receive the Final Grand Prize, the Winner(s) and his/her companion must have a valid government-issued ID to permit lawful travel in the Continental United States.
RESTRICTIONS AND LIMITATIONS
Subject to the restrictions discussed below, the Final Grand Prizes must be claimed and used during the 2019 calendar year, otherwise the Final Grand Prize Winner(s) will forfeit all rights to collec the Final Grand Prize(s).
The period of availability for the use of the Final Grand Prize(s) is limited only to August 2 - 4, 2019; August 9 - 11, 2019; August 16 - 18, 2019; or August 23 - 25, 2019.
No other dates are available for use. Additionally, the Final Grand Prize cannot be used during federal public holidays; if any federal public holiday falls on a Monday, the Final Grand Prize cannot be used during the previous weekend.
Incidentals and any other items not expressly stated herein are expressly excluded from the Final Grand Prizes.
Reservations must be coordinated directly with the Administrator with a minimum of twenty-one (21) days advance request.
If for whatever reason it is not possible to assign a Prize to one or more of the Winner(s) or if a particular 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.
With regard to the Final Grand Prize to be awarded, the Administrator will compile a list of up to ten (10) reserves should the initial Winner(s) fail to claim the Final Grand Prize or otherwise become ineligible for such Prize. The selection of any reserves will also be done by raffle using the same extraction method and process as was used for the initial Prize Winner(s).
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 at the moment of registration. Winner(s) must respond by accepting the Prize and attaching a copy of their valid identification document ( “ID”) to their reply and 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 days period, the Winner(s) have 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 internet, on site and on social media channels of the Promoter and via email. 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: https://smsummer.com/rules/.
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 a 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 Promotor 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 Promotor 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 Promotor 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 Promotor 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 Promotor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside the control of the Promotor which impair or affect the administration, security, fairness, integrity, or proper conduct of this Contest. The Promotor 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 Promotor and Administrator assume no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a Participant’s Internet service provider and/or e-mail client or for insufficient space in participant’s e-mail account to receive e-mail. 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.
IMPORTANT: FINAL GRAND PRIZES WINNER WILL BE REQUIRED TO SIGN A LIABILITY RELEASE AND WAIVER PRIOR TO CLAIMING THEIR FINAL GRAND PRIZE.
PRIVACY AND PUBLICITY RELEASE
By participating in the Contest, each Participant consents to the Promotor and Administrator’s collection and use of the Participant’s name, mailing address, e-mail 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 Promotor and Administrator will use the entrant’s Personal Information only for identified 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 for the 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 analysis to enhance current products and services;
- to send to the Participants promotional offers, newsletter, materials, and other communications and information about the Promoter, its affiliates and its partners;
- to send to the Participants promotional offers, newsletter, 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) consent 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.
Each participant will be able to enroll in the Contest only once and with one single name.
The points obtained through registration of other participants and through actions on social networks will have to be obtained in a spontaneous manner, natural and not artificial.
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.
The prizes will be delivered to the address indicated by the winner at the time of the acceptance of the prize, within 180 days from the date of publication of the winners.
- 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.
- Each Participant will be able to enroll in the Contest only once and with one single name.
- The Points obtained through registration of other Participants and through actions on social networks will have to be obtained in a spontaneous manner, natural and not artificial.
- 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.
- 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 be received no later than July 15, 2019.
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’s 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.