Official Rules

FRESCA MIXED “THE SECRET OF SUMMER” SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

 

  1. PROMOTION PERIOD: The Fresca Mixed “The Secret of Summer” Sweepstakes (the “Sweepstakes”) begins at 10:00 AM Eastern Time (“ET”) on May 8, 2023 and ends at 11:59 PM ET on August 31, 2023 (the “Promotion Period”). The Promotion Period consists of two (2) entry periods (each an “Entry Period”). See chart below in Rule #4 for details.

 

  1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are 21 years of age or older as of date of entry. Employees of Constellation Brands, Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (collectively, “Released Parties”), any person affiliated with the alcoholic beverage industry, including but not limited to retailers of alcohol products, and their immediate and extended family members (including but not limited to spouses, domestic partners, parents, children, and siblings) and household members of each (whether related or not) are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. HOW TO ENTER: During the Promotion Period, visit FrescaMixed.com(“Website”) and follow the instructions to complete and submit the online entry form including your fifty (50)-word or fewer secret (“Secret”), to be entered into the Sweepstakes. Completed entry form and Secret shall collectively constitute an “Entry.” Entries must be received by 11:59 PM ET on July 4, 2023 to be included in both the First Entry Period’s random drawing and the Second Entry Period’s random drawing. Entries must be received by 11:59 PM ET on August 31, 2023 to be included in the Second Entry Period’s random drawing only. Limit one (1) Entry per person/email address per day. Multiple entrants are not permitted to share the same email address to submit an Entry.

 

Entries will not be judged but must adhere to the Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion.

 

ENTRY GUIDELINES:

  • Entry must be original and must be in English.
  • Entry must be entrant’s own original work and must not have won a previous prize or award.
  • Entry must not (and entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
  • Entry should not include content with the potential to result in any injury or bodily harm to the entrant.
  • Entry must not reference any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor/Administrator’s sole discretion.
  • Entry must not include any commercial solicitation or promotional materials, websites, contact information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.).
  • Any Entry deemed inappropriate or unsuitable, in Sponsor’s/Administrator’s sole discretion, will be disqualified and may be deleted.
  • Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Released Parties, or their respective products and services, or other people, products or companies.
  • Entry must not contain content that is false, inaccurate or misleading.
  • Entry should not appeal primarily to persons under the legal drinking age.
  • Entry must not refer to any individual under the age of 21.
  • Entry must not contain statements relating to the armed forces of the United States; local, state or federal governments; state flags, emblems, seals, coat of arms, crests or insignias.
  • Entry must not include references to any activity that Sponsor/Administrator deem to be, in their sole discretion, lewd or indecent, including but not limited to, scenarios portraying sexually explicit activity as a result of consuming alcohol, and images or activity that suggests that alcohol is needed for social, financial, educational or athletic success.
  • Entry must not portray, encourage or condone drunk driving or depict situations where alcohol is being consumed rapidly, excessively, involuntarily, as part of a drinking game or as a result of a dare, or portray drinking of alcohol before or during activities that, for safety reasons, require a high degree of alertness or coordination.
  • Entry must not refer to any recognizable features of any retailer of alcohol beverages (including but not limited to bars, restaurants, convenience stores, grocery stores, etc.).
  • Entry must otherwise comply with the Wine Institute’s Code of Advertising Standards as made publicly available online at https://wineinstitute.org/our-work/responsibility/social/ad-code/.

 

By submitting an Entry in this Sweepstakes, entrant grants Sponsor and all other such persons as Sponsor may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, prepare derivative works of and/or otherwise use the Secret/Entry, in any manner, form, format or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of Sponsor, the Sweepstakes, and Sponsor’s products, all without further notice, consent or payment. Sponsor’s posting of any Secret has no bearing on winner selection.

 

  1. RANDOM DRAWINGS: A random drawing will be conducted on or about each random drawing date indicated in the chart below, to select the number of prize winners indicated from among all eligible Entries by the applicable entry deadline. Random drawings will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning will depend on the total number of eligible Entries received for each random drawing.

 

Entry Period

Entry Deadlines (all 11:59 PM ET)

Random Drawing Dates

Prizes & Approximate Retail Values (“ARVs”)

1

7/4/23

7/5/23

·   Thirty (30) First Prizes: The opportunity to participate in a virtual “Sip & Spill” via video conference call with Andy Cohen with other First Prize winners, on a Sponsor-specified date in July 2023, for up to sixty (60) minutes (“Opportunity”) and a $25 Sponsor-specified digital gift card (ARV $25 each; there is no ARV associated with the Opportunity)

2

8/31/23

9/1/23

·   One (1) Grand Prize: A four (4)-day/three (3)-night “Weekend Getaway in the Hamptons” for winner and up to three (3) travel companions (departing 9/28/23 and returning 10/1/23) (“Trip”) (ARV $13,350).

·   Two hundred thirty (230) Second Prizes: A $15 Sponsor-specified digital gift card.

 

  • Grand Prize “Weekend Getaway in the Hamptons includes round-trip economy air transportation for winner and up to three (3) travel companions from major airport nearest winner’s home (as determined by Sponsor/Administrator in their sole discretion), rental home accommodations (“Rental Home”), ground transportation from/to airport/rental home, and $3,500 spending money (awarded in the form of a check for winner), that can be used toward the payment of income taxes associated with prize (ARV: $13,350). Actual retail value may vary. Sponsor is not responsible for, and Grand Prize winner will not receive any difference between, the actual value and ARV of the Grand Prize. If the Grand Prize winner lives within a 250-mile radius of New York City, NY, winner will receive a $250 travel stipend in lieu of air transportation and no additional compensation for travel will be provided. Grand Prize winner’s travel companions must be at least 21 years or older at time of travel and additional age requirements may apply to Rental Home. Grand Prize winner’s travel companions must also execute and return a liability/publicity release prior to travel. Grand Prize winner and his/her travel companions must agree to adhere to all Rental Home property rules while on premises and must sign additional documents agreeing to such rules prior to travel. Any damage made to the Rental Home and/or Rental Home property during the winner’s stay is the sole responsibility of the Grand Prize winner, and the Grand Prize winner agrees to indemnify, defend and hold Sponsor harmless from any such damage. Administrator and/or Sponsor reserve the right to withhold the cost of any damage done to the property from the Grand Prize winner’s prize check(s) and the Grand Prize winner agrees to same. Grand Prize winner and his/her travel companions are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, surcharges, service charges, personal charges, taxes, travel and other insurance, additional transportation, gratuities, souvenirs, and other incidentals and items of a personal nature. Sponsor is not responsible for lost, mutilated or stolen travel documents. Grand Prize winner and his/her travel companions must travel on same itinerary and must agree to depart and return on dates specified by Sponsor, which are subject to change, or Grand Prize will be forfeited. Travel is subject to availability. If the Grand Prize winner is unable to travel on dates specified, prize will be forfeited and an alternate Grand Prize winner may be selected in a random drawing from among all remaining eligible Entries received, time permitting. Grand Prize is subject to additional restrictions, including those based on Sponsor-specified Rental Home accommodations. All travelers must have valid travel documents prior to departure (i.e., REAL ID, passport or other TSA-approved ID; visit tsa.gov for a list of TSA-approved IDs). All travelers must also pass any required medical testing and comply with any requirements, at any time, that may be required or recommended by any government agency, airline, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having the COVID-19 vaccine(s). Travelers may also be required to execute any assumption of risk and/or other documents relating to COVID-19 or he/she may not be permitted to travel or participate in any Grand Prize-related activities. In the event Grand Prize winner or his/her travel companions engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Grand Prize winner and his/her travel companions, home with no further compensation to the winner. No alcohol is included with Grand Prize. In the event the Grand Prize winner or his/her travel companions consume alcoholic beverages (none will be provided by Sponsor) while participating in any Grand Prize-related activities, they do so at their own discretion and agree to hold the Released Parties harmless from any subsequent damages or third-party claims arising out of or related to such consumption. Grand Prize consists of only the items specifically listed as part of the prize in these Official Rules and prize details not specified herein shall be determined solely by Sponsor.

 

  1. GRAND PRIZE WINNER AND FIRST PRIZE WINNER NOTIFICATION/SECOND PRIZE AWARDING: Potential Grand Prize winner and potential First Prize winners will be notified by phone and/or email. Potential Grand Prize winner will be required to complete and return via email/email link, an Affidavit of Eligibility/Declaration of Eligibility, a Release of Liability and, if legally permissible, a Publicity Release within three (3) days of Administrator’s attempted delivery of same. Potential First Prize winners will be required to provide additional information back to Administrator, including confirmation of availability for the Opportunity. Second Prizes will be sent to the applicable email address indicated on each winner’s Entry, within six (6) to eight (8) weeks after the end of the Promotion Period. Noncompliance within any specified time period or return of any prize/prize notification as undeliverable, or declining a prize for any reason, will result in disqualification without further notice and an alternate winner may be selected in a random drawing from among all remaining eligible Entries received, time permitting (as applicable).

 

 

  1. GENERAL CONDITIONS, RELEASE AND LIMITATION OF LIABILITY: Limit one (1) prize per person/household. Gift card terms and conditions apply. If a First Prize winner is unable to participate in the Opportunity on the date specified, prize will be forfeited and an alternate First Prize winner may be selected in a random drawing from among all remaining eligible Entries received, time permitting. Prizes consist of only the item(s) specifically listed as part of the prize in these Official Rules. No alcohol is awarded with prizes. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Winners are responsible for any and all federal, state and local taxes. Grand Prize winner will receive an IRS Form 1099 from Administrator for the actual value of the Grand Prize. Failure to complete travel, or use Rental Home accommodations does not relieve Grand Prize winner of his/her tax obligations associated with acceptance of Grand Prize. No transfer, assignment, substitution or cash equivalent for any prize will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason. In such circumstance, an alternate prize of equal value will be awarded and Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. Resale of prizes is prohibited. In no event will more than the stated number of prizes be awarded. If an entrant submits more than the stated number of Entries permitted, and/or if the Sponsor or Administrator suspects that an entrant attempted to obtain additional Entries by using multiple or different email addresses, registrations, identities or any other method, Sponsor and Administrator will void that entrant’s Entries and that entrant may be disqualified. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process are void. Entries will not be acknowledged or returned. The Released Parties are not responsible for lost, late, incomplete, misdirected, invalid or unintelligible Entries, which will be disqualified. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent phone numbers and/or identities) will void all Entries by that entrant. Normal internet access and data charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed the entrant. The “authorized account holder of the email address” is the natural person assigned an email address by an Internet access provider, online service provider or other organization, (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder associated with the Entry. The Released Parties assume no responsibility or liability for damages, losses or injury resulting from acceptance, use or misuse of any prize. In exchange for the right to participate in the Sweepstakes, entrants/winners/Grand Prize winner’s travel companions agree to release, discharge and hold harmless Released Parties from and against any and all liability (including, but not limited to, damages caused or claimed to be caused, losses, or injury) arising out of participation and/or acceptance/use or misuse of the prize, and agree to be bound by these Official Rules and Administrator’s or Sponsor’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Released Parties are not responsible for any typographical or other error in the printing of the Sweepstakes material, administration of the Sweepstakes or in the announcement of the prizes. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer, phone or device related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or device transmission that may limit a user's ability to participate in the Sweepstakes. The Released Parties assume no responsibility for undeliverable emails, including but not limited to those resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST 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. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor and Administrator, in their sole discretion. In the event of termination, a notice will be posted online and the drawing will be conducted from among all eligible Entries received for each drawing, prior to termination. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized email account holder of the email address submitted at the time of Entry. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

 

  1. PUBLICITY: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness and Entry for purposes of advertising and trade without further compensation, including a winner list, unless prohibited by law.

 

  1. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or connected with this Sweepstakes, shall be resolved individually without resort to any form of class action and exclusively before a court having jurisdiction located in Monroe County, New York. In any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (e.g., evidenced costs associated with entering this Sweepstakes). Entrant further waives all rights to have damages multiplied or increased.

 

  1. PRIVACY: Any personal information that an entrant provides in connection with the Sweepstakes shall be used by Sponsor and Administrator to administer this Sweepstakes, contact entrants, and for the other purposes set forth in the Sponsor’s privacy policy located at https://www.cbrands.com/pages/privacy-policy. By entering this Sweepstakes, you agree to and accept that privacy policy. If entrant authorizes, by opting in, Sponsor may provide entrant with information relating to products, services and promotions of Sponsor and affiliates of Sponsor.

 

  1. WINNER LIST: To receive the name of the Grand Prize winner by email, send an email to ConstellationBrands@donjagoda.com with “WINNER #2879-32” in the subject line. Requests must be received by August 31, 2023. Winner List will be sent after all prizes have been awarded.

 

  1. SPONSOR: Constellation Brands, Inc., 131 South Dearborn Street, Chicago, IL 60603.

 

  1. ADMINISTRATOR: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.

 

Please enjoy responsibly. ©2023 The Coca-Cola Company. "Fresca" and "Fresca Mixed" are trademarks of The Coca-Cola Company.

Fresca™ Mixed Tequila Paloma, Tequila with natural flavor, certified colors, and artificial sweeteners, 5% alc/vol, frescamixed.com.

Fresca™ Mixed Vodka Spritz, Vodka with natural flavor and artificial sweeteners, 5% alc/vol, frescamixed.com.