Clink Different Savor St. Pete Giveaway Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET AND INSTAGRAM ACCESS IS REQUIRED TO ENTER. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM.

1. ELIGIBILITY: The Clink Different Savor St. Pete Giveaway is offered and open only to legal residents in the fifty (50) States of the United States and in the District of Columbia (“United States”) who are 21 years of age or older and who currently reside in the United States at time of entry. Corporate employees, officers and directors of Clink Different, Wines of Germany and the Bordeaux Wine Council (“Sponsor”) and Meta Platforms, Inc. (“Meta”) and their respective subsidiaries and affiliated companies, contractors and agents and any other individuals engaged in the development, production or distribution of materials for or the implementation of the Giveaway (collectively referred to herein as the “Giveaway Entities”), and the immediate family members (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Void where prohibited.
2. GIVEAWAY PERIOD: The Giveaway starts on or about 3:00 p.m. Eastern Time (“ET”) on October 27th, 2023 and ends at 11:59 p.m. ET on October 31st, 2023 (“Giveaway Period”). Participating markets in the Giveaway Period is a national market consisting of the entire United States (the fifty (50) states and the District of Columbia). There will be one (1) grand prize offered during the Giveaway Period in the national market (i.e. all United States markets). There will be one (1) drawing on November 1st, 2023. Only one winner will be selected.
   
   The drawing will include entries received during the designated drawing period between October 27th, 2023 through October 31st, 2023 (the “Entry Period”). All time referenced herein is Eastern Time. The Sponsor’s (or its authorized representative’s) server’s clock is the official time keeping device for the Giveaway.

3. HOW TO ENTER: An Instagram account is required to enter and can be created for free by downloading the Instagram application on the App Store on iOS or Play Store on Android or by visiting http://www.instagram.com/ to create one. During the applicable Entry Period: (i) access the The Clink Different Savor St. Pete Giveaway post on @thisbabeeats Instagram page or @clinkdifferent Instagram page, (ii) comment and tag a friend, and (iii) be following @thisbabeeats and @clinkdifferent on Instagram. Failure to follow all steps will void the entry. Any entrant who uses fraudulent entry methods, enters through a Giveaway-entry service or similar methods, or otherwise attempts to participate more than hereby permitted will be disqualified and all entries by that entrant will be void. In case of dispute, entries will be declared made by the authorized account holder of the Social Account submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
   
   Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor. Giveaway Entities assume no responsibility for lost, late, incomplete, inaccurate, stolen, misdirected or illegible entries; for any computer, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; for garbled, corrupt or jumbled transmissions; for service provider, Internet, Web site or user net accessibility or availability, hardware/software incompatibility, traffic congestion, unauthorized human intervention or any technical error; nor for the incorrect or inaccurate capture of entry or other information or for the failure to capture any such information. Only eligible entries received by the Sponsor in accordance with these Official Rules will be considered.

4. DRAWING/NOTIFICATION: Within one (1) working day from the end of the Entry Period a random drawing will be held by the Sponsor from all eligible entries received during the entire duration of that phase of the Giveaway Period in order to select one (1) potential winner. Only the number of prizes stated herein will be awarded. In no event will Giveaway Entities be responsible for awarding more than the stated number of prizes. There will be only one winner.
   
   Eligible potential winner(s) will be notified using a direct message in Instagram provided at time of entry through access of the Instagram post. The potential winner is subject to verification of eligibility and compliance with these Official Rules. In the event a potential winner cannot be reached or fails to respond as directed within one (1) business day (or as otherwise directed), prize will be forfeited. The Sponsor may, but without obligation, attempt to award the prize to an alternate potential winner. Potential prize winners must be 21 years of age or older and may be required to complete, have notarized and return to Sponsor an Affidavit of Acceptance/Eligibility and Liability and, where lawful, Publicity Release and Assignment of Rights (the “Affidavit”) within one (1) business day of notification. The guest of the winner must also be 21 years of age or older and may also be required to complete, have notarized and return a separate Affidavit in the timeframe specified.
   
   In the event that technological, programming or other errors cause more than the stated number of prizes in any category, as indicated in these Official Rules, to be sent as notifications, distributed, claimed or received for any prize, the Sponsor reserves the right, at its sole discretion, to award only the stated number of prizes (in such prize category if applicable) by random drawing among all eligible claimants for the respective Drawing (in that prize category if applicable). Prize award is subject to verification of eligibility, and compliance with these Official Rules.

5. PRIZE(S)/ODDS/Approximate Retail Value (“ARV”): One (1) prize in the Giveaway Period. 1 winner will be selected for prize. Prize: two (2) General Admission tickets to the SAVOR St. Pete Food & Wine Festival on Sunday, November 5th, 2023, provided electronically. The Sponsor is not responsible for any transportation, food, lodging or related expenses that a winner or the winner’s guest may need to attend the Festival. The odds of winning depend on the number of eligible entries received. No transfer, assignment or substitution of prize (in whole or in part) is permitted, except the Sponsor reserves the absolute right to substitute a prize of comparable value. Prizes are not redeemable for cash. The difference, if any, between the estimated ARV and actual value will not be awarded as cash, or otherwise. All federal, state and local taxes, if any, are the sole responsibility of the winner. The ARV of the prize is $226.94. Any digital ticket is subject to the terms and conditions of issuer. Tickets awarded as prizes may not be sold, auctioned, bartered, assigned, exchanged, commercially transferred or donated, or otherwise placed into unauthorized commercial channels of distribution.
   
   Prizes are awarded “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 and non-infringement.

6. GENERAL: By entering, entrants agree to abide by and be bound to these Official Rules and the decisions of Giveaway Entities, which are final and binding in all respects. The Sponsor reserves the right to make changes in these Official Rules, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. Failure to timely return or properly complete the Affidavit(s), or if a potential winner/prize notification is ignored, undeliverable, untimely or otherwise not properly responded to within the time specified, or if a potential winner is or becomes ineligible or does not comply with these Official Rules, it may result in prize forfeiture, and in such event an alternate potential winner may be selected from remaining eligible entries received for the respective Drawing. Undeliverable, returned, unclaimed or un-awarded prizes will not be re-awarded. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE GIVEAWAY ENTITIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS AND ALL OF THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL ALLEGED 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, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY GIVEAWAY-RELATED ACTIVITY, ACCESS TO THE PROMOTIONAL SITES AND PAGES, AND/OR PARTICIPATION IN THIS GIVEAWAY, OR ANY ELEMENT THEREOF. By entering and/or accepting a prize, entrants hereby irrevocably consent, where lawful, to the use by Giveaway Entities (and their authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information and voice for publicity, trade, advertising and promotional 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.
   
   This Giveaway is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc. or Instagram. Entrants understand that they are providing information to Sponsor and not to Meta Platforms, Inc. or Instagram. The information provided will be used by the Sponsor for purposes of this Giveaway, in accordance with its privacy policy available at https://clinkdifferent.com/legal-terms/

7. LIMITATIONS OF LIABILITY: Giveaway Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Giveaway or any element thereof and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or inability to access or unauthorized access to a Giveaway Post and/or site. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. If, for any reason, the Giveaway or any element thereof, in whole or in part, is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which the Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway or any element thereof, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and select the winner(s) at random from eligible, non-suspect entries received for the Giveaway prior to the action or as otherwise may be deemed fair and equitable by the Sponsor. Giveaway Entities shall not be liable to winner or any other person for failure to execute the Giveaway or any element thereof, or supply a prize, 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-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, 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 or any similar or dissimilar event beyond their reasonable control.
   
   In no event will Giveaway Entities or their respective officers, directors, employees, independent contractors, representatives or agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to, and use of, any participating internet site(s), Instagram site, Giveaway Page(s) or the downloading from and/or printing material downloaded from said site(s) or page(s). Without limiting the foregoing, everything on such participating sites is 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, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.
   
   Prizes may be emailed to the winner and winner assumes the risk of loss of the prize. The Giveaway Entities are not responsible for the safe arrival of a prize.

8. REQUEST FOR WINNER LIST AND/OR OFFICIAL RULES: For the name of the winner, available after the Sweepstakes Period has ended, or a copy of the Official Rules, send a self-addressed stamped envelope, to be received by December 30, 2023, to: Clink Different, Wines of Germany, the Bordeaux Wine Council c/o RF Binder Partners Inc. 950 Third Ave., New York, New York 10022”. (VT residents may omit return postage.)
9. SPONSOR: Clink Different, Wines of Germany and the Bordeaux Wine Council, c/o RF Binder Partners Inc. 950 Third Ave., NY, NY 10022.
10. GOVERNING LAW/VENUE. THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS”). THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

*Campaign financed with aid from the European Union*
The content of this promotion campaign represents the views of the author only and is his/her sole responsibility. The European Commission and the Consumers, Health, Agriculture and Food Executive Agency (CHAFEA) do not accept any responsibility for any use that may be made of the information it contains.