Official Rules

NO PURCHASE NECESSARY. The S.Pellegrino 50 Best Restaurants Sweepstakes is open to legal residents of the 48 contiguous US states & DC, 21 and older. Void in AK, HI, and where prohibited. Begins at 12:00:00 AM ET on 4/25/24 and ends at 11:59:59 PM ET on 5/2/24. Limit one (1) entry per person. For Official Rules, how to enter, prize descriptions and odds disclosure, visit www.SanPellegrino.com/50bestsweeps.

Sponsor:  Nestlé USA, Inc. 1812 N. Moore Street, Arlington, VA 22209.

Administrator:   Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.

Sweepstakes Period: The S.Pellegrino Restaurant Sweepstakes (“Sweepstakes”) begins at 12:00:01 A.M. Eastern Time (“ET”) on April 25, 2024, and ends at 11:59:59 P.M. ET on May 7, 2024 (“Sweepstakes Period”).

1. Eligibility:  The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age (or 19 if a resident of AL or NE, 21 and older for residents of MS) at the time of entry. Void where prohibited or restricted by law. Employees of Nestlé USA, Inc. (“Sponsor”), Brandmovers, Inc. (“Administrator”) or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Sweepstakes (collectively with Sponsor, the “Sweepstakes Entities”), and any of their respective parent and affiliate companies or subsidiaries, as well as the immediate family (spouse, parents, and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee, whether or not related, are not eligible to enter or win.

   The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes each 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.

2. How to Enter.   During the Sweepstakes Period, visit www.sanpellegrino.com/50bestsweeps (“Website”) and follow the instructions to provide your complete first and last name, email address and then click “Submit”. Following the foregoing instructions will provide you with one (1) entry into the Sweepstakes (“Entry”). All Entries must be received by the end of the Sweepstakes Period. Limit one (1) Entry per person for the entire Sweepstakes Period. Sweepstakes Entities will not be responsible for lost, late, stolen, misdirected, delayed, incomplete, or garbled Entries, or Entries submitted in a manner that is not expressly provided herein, and all such Entries shall be deemed void and ineligible for inclusion in the Sweepstakes. Entrants who do not follow all of the instructions, provide the required information in the entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sweepstakes Entities are not responsible for misdirected email or entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the Entries.
3. Prizes: One (1) Grand Prize: TBD. Approximate Retail Value (“ARV”): TBD  

   The total ARV of all prizes is TBD Sweepstakes Entities are not responsible for lost, late, delayed, mutilated, misdirected, stolen or damaged prizes. Winners may have to provide their street address for delivery of prizes (no P.O. boxes) if applicable. No more than the stated number of possible prizes will be awarded. Prizes cannot be used in conjunction with any other promotion or offer. Prizes are non-transferable, not redeemable for cash and no substitution will be made except as provided herein at Sponsor's sole discretion. Sponsor reserves the right to substitute any prize for one of equal or greater value for any reason. Limit one (1) First Prize per person/household. Shipping at Sponsor expense. Winners acknowledge that once a prize is shipped, Sponsor has no control over delivery or delivery time, and any loss or theft of prize once delivered will be the responsibility of the winner, and no replacement prize will be supplied. All prize details are at Sponsor’s sole discretion. Sponsor and makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT Allow 8-10 weeks for delivery of prizes.

Drawings/Winner Notifications:

There will be One (1) Grand Prize Drawing, as follows:

4. Grand Prize Drawing:   On or about May 8, 2024, Administrator will randomly select one potential (1) Grand Prize Winner from among all eligible Entries received during the Sweepstakes Period. Odds of winning the Grand Prize depend on the total number of eligible Entries received during the Sweepstakes Period.

   Each winner is considered a “potential” winner pending verification of their eligibility and compliance with these Official Rules. Administrator will make two (2) attempts within a twenty-four (24) hour period to notify each potential winner at the email address submitted at the time of Entry. Potential winners must respond within forty-eight (48) hours of notification. Failure of a potential winner to respond within forty-eight (48) hours of notification may result in disqualification and an alternate potential winner may be selected. Potential winners may be required to sign a winner’s agreement and release (“Winner Release”) and return it by the date specified in Administrator’s notification, or prize will be forfeited in its entirety and another potential winner may be selected for the prize at issue. The potential Grand Prize Winner will be required to execute and return an IRS Form W-9 (and will receive a subsequent 1099 IRS Form for the actual retail value of Grand Prize) along with a Winner Release and any other documentation that Sponsor and Administrator may require and return it by the date specified by Sponsor or Administrator in the notification, or Grand Prize may be forfeited in its entirety and another potential Grand Prize winner may be selected. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if a Prize is returned as undeliverable, such potential winner may be disqualified and an alternate potential winner may be selected. Sweepstakes Entities are not responsible for any change of address or email address of any entrant.

5. Publicity Grant:   Except where prohibited by law, each entrant grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use their name, photograph, voice, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, notification, or permission.
6. Privacy: Any information collected during an entrant’s participation in this Sweepstakes will be collected by Sponsor in accordance with the terms of Sponsor’s Privacy Policy. Please review Sponsor’s Privacy Policy: https://www.nestleusa.com/privacy. For information on how your personal information may be used by the Administrator, please read their privacy policy at: https://www.brandmovers.com/terms-and-conditions
7. General Conditions:   Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the end date and time, Sponsor may (if possible), in its sole and absolute discretion, randomly select the potential winners for the Sweepstakes from among all eligible, non-suspect Entries received as of the date and time of the event giving rise to the termination or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability; Release:   By entering, each entrant agrees to: (a) release, indemnify, defend and hold harmless the Sweepstakes Entities and all of their respective officers, directions, agents, employees, and representatives (collectively, “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant's Entry, creation of an Entry or submission of an Entry, or participation in the Sweepstakes, acceptance or use or misuse of a Prize. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, losses, delays, interruptions, unavailability or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical, mechanical, typographical, network, human or other error which may occur in the administration of the Sweepstakes, the processing of Entries, or announcement of Prizes, or any other Sweepstakes-related materials; or (5) lost, late, stolen, delayed, misdirected, garbled, incorrect, illegible, or postage due Entries, mail, email, registrations, or other communications of any kind. The Released Parties are not responsible for injury or damage to entrant’s or to any other person’s computer or other device related to or resulting from participating in this Sweepstakes or downloading materials from or use of any website.
9. Disputes/Governing Law:   Entrants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of the winner or for any disputes arising from the loss or injury from the redemption of any Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Arlington County, VA under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Virginia state or federal court judge who shall follow Virginia law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Arlington County, VA including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Arlington County, VA. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Arlington County, VA; (iii) any and all claims, judgments, and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.
10. Sweepstakes Winners List:   For the names of the winners of the Sweepstakes send a hand-printed, self-addressed, stamped envelope to: Winners List, S.Pellegrino Restaurant Sweepstakes, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318, for receipt by no later than 30 days after the end of the promotion.