Terms and Conditions


THE COMPETITION

The Mionetto Third Annual Cocktail Competition (the “Competition”) is a local competition sponsored by Mark Anthony Group Inc. DBA Mark Anthony Wine & Spirits (“Mark Anthony” or the “Sponsor”) and consists of an online registration process including submission of a cocktail recipe, in which a judging panel will select ten (10) finalists who will move to the second round to compete for first, second and third place by submitting a second cocktail recipe using a “mystery box” ingredient”, also as judged by the judging panel. Both rounds of the Competition will take place through the Competition Website. IMPORTANT NOTE: Any and all costs associated with a participant’s participation in the Competition will be the sole and absolute responsibility of the participant.  None of the Released Parties (defined below), nor any other entity, will be providing any compensation whatsoever with respect to any costs associated with a participant’s participation in the Competition.

All aspects of the Competition are governed by these Official Rules and Regulations (the “Rules”).

ELIGIBILITY:

Competition is open residents of Canada who have reached the legal drinking age in their province or territory of residence. All participants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Competition; and/or (ii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Competition in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.

LIMIT of one entry per eligible participant.

AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Competition, you are signifying your agreement that you have read and agree to be legally bound by these Rules.

HOW TO APPLY TO PARTICIPATE:

To apply to participate in the Competition, eligible persons must register between June 1, 2021 and June 27, 2021 at 11:59 PM Pacific Time (“PT”) (the “Entry Deadline”) by visiting the following web page: www.mionettococktailcompetition.com (the “Competition Website”) and fully completing the Competition application form. ENTRY DEADLINE EXTENDED to June 27, 2021 (original Entry Deadline was June 20, 2021 and was revised on June 20, 2021).

To register to participate, you will be required to:

  1. Upload an image of your cocktail;
  2. Upload a maximum two (2) minute video presenting your cocktail; and
  3. Submit the following information:
    • First name
    • Last name
    • Personal email address
    • City/town
    • Instagram profile/handle
    • Cocktail name
    • Ingredients of their cocktail, including detailed measurements
    • Inspiration for cocktail (max 250 words)
    • Name of bar you work at (if any)

The above information required to be submitted during the registration process is referred to collectively as “Participant Content” or a participant’s “Entry”. All Participant Content related to the participant’s cocktail, including its name, is sometimes referred to herein as their “Cocktail”.

In order to complete their registration, each participant must have checked to signify they have read and agree to be legally bound by these Rules. To be eligible, all information and materials associated with your Entry must, as determined by Sponsor in its sole and absolute discretion, (i) be submitted and received in accordance with these Rules before the Entry Deadline; (ii) include all required Participant Content, including required components/elements required in this Rule 4; (iii) be in accordance and compliant with these Rules, including, but not limited to, the specific Participation Requirements listed below in Rule 7; (iv) be in accordance and compliant with the applicable terms, rules, policies and guidelines of Instagram (the “Instagram Rules”); and (v) be written in English.

To be eligible, each participant’s Cocktail:

  • must use Mionetto prosecco as the main alcohol
  • may use modifiers such as fortified wines, bitters, tinctures, infusions, and citrus oils;
  • may include a garnish (e.g. citrus twist, olives, cocktail onions, etc.);
  • may be served up or on the rocks; and
  • may be shaken or stirred.

Cocktails and their names must not violate any intellectual property right of third parties.

Please see Section 7 (Participation Requirements and License) below for all requirements regarding Participant Content.

Upon completing their registration, Participants will be routed to a “confirmation page” indicating that the entry has been received and that they will be contacted after the end of the registration period if their Entry is selected as a Finalist (as defined below).

Any entries received after the Entry Deadline, or that are deemed incomplete or do not comply with the participation requirements or any other provisions set forth in these Rules, will not be considered for inclusion in the Competition.

ELIGIBLE PARTICIPANT SELECTION AND CONFIRMATION PROCESS:

On or around June 28, 2021, a panel of judges (the “Entry Judges”) appointed by the Sponsor will judge each participant’s Entry on the basis of the weighted criteria below and select ten (10) Entries as finalists (each, a “Finalist”) in their sole and exclusive discretion, subject to participant’s compliance in full with these Rules. Declared Finalists will be eligible to participate in the second round (the “Mystery Box Round”). All decisions of the Entry Judges are final. REVISED from June 21, 2021 to June 28, 2021 on June 20, 2021.

CriteriaPoints
1. Creativity and Originality30
2. Intelligent use of the base spirit30
3. Presentation and Appearance20
4. Creativity, relevance, and appeal of Cocktail name20
Total ScoreMaximum 100 points

Participants whose Entry is selected to be a potential Finalist will be sent an email at the address provided in their registration form, advising them of their selection and of next steps of participation and will be required to reply within two (2) days to confirm their participation in the Mystery Box Round. It is recommended that participants regularly check their spam/bulk/junk folders for notification as they will need to confirm their further participation, at the email provided, within two (2) days from receipt of email of successful selection.

If a participant cannot be contacted or does not confirm his/her further participation as a Finalist by the deadline specified by the Sponsor, he/she will be disqualified and lose the opportunity to compete in the Mystery Box Round.  Participation in the Mystery Box Round is voluntary. If a selected participant does not participate in the Mystery Box Round, for any reason or cause, he/she shall not be entitled to any compensation and/or refund. The participant selected for the Mystery Box Round may not transfer his/her right to third parties.

Finalist Prize: Each person declared a Finalist in accordance with these Rules will be eligible to receive a finalist cash prize (the “Finalist Prize”) of two hundred dollars ($200 CAD) after being declared a Finalist. 

Before being declared a Finalist, each eligible participant will be required to sign and return no later than  two (2) business from receipt of email, the Sponsor’s Participant Waiver Form, which (among other things) confirms: 

  • their eligibility in accordance with and compliance with these Rules (a copy of which must be signed by the participant and attached to the Participant Waiver Form); 
  • their ability and willingness to participate in the Mystery Box Round;
  • their acceptance of the Finalist Prize as awarded;
  • the License contained in these Rules which allows the Sponsor to use their Participant Content;
  • their acknowledgment that their participation in the Mystery Box Round and the Competition is at their own risk;
  • their agreement to release the Sponsor, its affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Competition, along with each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Competition and his/her participation therein; and
  • their agreement to the publication, reproduction and/or other use of their Participant Content, name, address, voice, statements about the Competition and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.

If any selected participant(s) cannot be declared a Finalists(s) for any reason, the Judges will select additional Entry(ies) until such time as ten (10) Finalists have been declared. Finalists will be declared on or around July 2, 2021.

Odds of being selected as a Finalist and receiving a Finalist Prize depend on the calibre of each participant’s Finalist’s Entry and on the decisions of the Entry Judges.

MYSTERY BOX ROUND (WINNER SELECTION PROCESS):

Each confirmed Finalist will be invited to participate in the Mystery Box Round. Finalists will be provided with instructions at the time they are declared a Finalist and will have July 5 – July 10 to create and submit their next cocktail in accordance with the details set out below.  

If a Finalist is not able to participate in the Mystery Box Round (or at any other date, time and/or location as specified by Sponsor in its sole and absolute discretion) then he/she will be disqualified from the Competition and, for greater certainty, he/she may not be replaced by another participant.

For the purposes of competing in the Mystery Box Round, Finalists will be provided with the following on or before July 5, 2021: 

  • A bottle of Mionetto prosecco; and
  • A “mystery box” ingredient.

Finalists must thencreate a Mionetto cocktail (their “Cocktail Creation”) with the “mystery box” item provided by the Sponsor and then upload a maximum two (2) minute video presenting their Cocktail Creation. Finalists are responsible for all other ingredients used in cocktail creation.

Deadline for Finalist’s to upload their Cocktail Creation video is July 10, 2021 at 11:59 PM (PT). 

Each Finalist’s Cocktail Creation:

  • must use Mionetto prosecco as the main alcohol
  • must use the provided mystery box ingredient
  • may use modifiers such as fortified wines, bitters, tinctures, infusions, and citrus oils;
  • may include a garnish (e.g. citrus twist, olives, cocktail onions, etc.); 
  • may be served up or on the rocks; and
  • may be shaken or stirred.

Judging is scheduled to be completed between July 10 and 15, 2021. The sole determinant of the time for the purposes of this Competition will be the official time-keeping device(s) used by the Sponsor.
The Mystery Box Round will be judged by a panel of three (3) judges (the “Mystery Box Judges”) appointed by the Sponsor in its discretion on the basis of the following weighted criteria (the “Criteria”):

CriteriaPoints
1. Creativity and Originality30
2. Intelligent use of the base spirit30
3. Presentation and Appearance20
4. Creativity, relevance, and appeal of Cocktail name20
Total ScoreMaximum 100 points

Each Finalist’s participant’s Cocktail Creation will be given a score by the Judges.

  • The Finalist with the highest score will be eligible to be declared the First Prize winner
  • The Finalist with the second highest score will be eligible to be declared the Second Prize winner
  • The Finalist with the third highest score will be eligible to be declared the Third Prize winner

Odds of being selected as the winner depend on the calibre of each Finalist’s performance in the Mystery Box Round and on the decisions of the Mystery Box Judges.  The Finalists associated with the top three scores (as determined by the Mystery Box Judges in their sole and absolute discretion) will be declared the winners as set out above. In the event of a tie between two or more participants based on scores, participants tied for the highest, second highest or third highest score will be required to create and submit a “mystery cocktail”, the requirements for which will be provided at the time. Mystery cocktails will be judged by the Judges based on the Criteria and the participant with the highest score as between tied participants will be selected as the eligible winner.  In the event of another exact tie based on the foregoing, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure.  

To be eligible, all Participant Content must be in accordance with these Rules, as determined by Sponsor in its sole and absolute discretion.  Any Participant Content, as determined by Sponsor in its sole and absolute discretion, that does not comply with these Rules will be discarded and will not be eligible for entry in this Competition.

PARTICIPATION REQUIREMENTS AND LICENSE:

By participating in the Competition, each participant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Participant Content, in whole or in part, for advertising or promoting the Competition or for any other reason; (ii) waives all moral rights in and to his/her Participant Content in favour of Sponsor (and anyone authorized by Sponsor to use such materials); and (iii) agrees to release and hold harmless the Released Parties (as defined above) from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her name and Participant Content) including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For the avoidance of any doubt, the Sponsor (and those authorized by the Sponsor) shall be free to use participants’ Participant Content on an unrestricted basis including, but not limited to, using any and all ideas any participant may submit in the Competition in any manner that Sponsor chooses, without any notice or obligation to the participants(s) whatsoever.

BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, ALL PARTICIPANT CONTENT) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED IN RULE 5) WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, THE PARTICIPANT CONTENT ); (II) PARTICIPATION IN ANY COMPETITION -RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, ANY PRIZES (INCLUDING ANY USE OR MISUSE OF ANY PRIZES).  THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE COMPETITION AND/OR AWARDING OF ANY PRIZES.

By participating in the Competition, each participant hereby warrants and represents that any Participant Content submitted: 

  • does not refer to, include, or promote any form irresponsible or illegal immoderate use of alcohol;
  • does not depict venues where consumption is prohibited (such as public places); 
  • is not targeted at or likely to appeal to an audience under the legal drinking age;
  • does not contain any reference to or likeness of any identifiable third parties;
  • does not associate consumption of liquor with driving a motorized vehicle, or with any activity that requires care and skill or has elements of danger;
  • does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor;
  • does not endorse, condone and/or discuss any illegal, inappropriate or risky behaviour or conduct;
  • does not refer to, include, or promote any behaviour which may be considered antisocial, illegal or immoral;
  • is original to him/her and that the participant has obtained all necessary rights in and to the Entry for the purposes of entering such Participant Content in the Competition;
  • has not been used for another Competition;
  • does not and will not violate any law, statute, ordinance or regulation;
  • will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party (including, without limitation, any competitors of Sponsor), or give rise to any claims for payment whatsoever; and
  • is not defamatory, trade libelous, offensive, hateful, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
  • Alcohol/drug consumption or smoking;
  • Nudity;
  • Sexual activity or content;
  • Violence;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
  • Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
  • Conduct or other activities in violation of these Rules;
  • Commercial messages, comparisons or solicitations for products or services;
  • Any identifiable third-party products and/or trade-marks, brands or logos. For example, any clothing worn by persons appearing in an Entry must not contain any visible logos, trade-marks or other third party materials;
  • URLs or links to any third party websites; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Competition judges in their sole and exclusive discretion.
  • The Sponsor and/or its promotional agency or any designated content moderator (the “Reviewer”) reserves the right to screen all Participant Content. Any Participant Content that the Sponsor or Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Sponsor and Reviewer reserve the right, in their sole and absolute discretion at any time and for any reason, to request a participant to modify, edit and/or re-submit his or her Participant Content (or any part thereof) in order to ensure that the Participant Content complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Competition, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances including, without limitation, disqualifying the Participant Content (and therefore the corresponding Entry and/or the associated participant), to ensure that the Competition is being conducted in accordance with the letter and spirit of these Rules.

ELIGIBLE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS A WINNER OR AN ELIGIBLE WINNER.  BEFORE BEING DECLARED AS THE CONFIRMED WINNER, the eligible Winner will be required to sign and return within 7 business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms continuing compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize (as awarded); and (iii) releases the Released Parties from any and all liability in connection with this Competition, his/her participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof (including, but not limited to, travel related thereto).  If any eligible winner: (a) fails to return the properly executed Competition documents within the specified time; (b) cannot be (or is unwilling to be) a winner or accept a prize for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to be a winner and to receive a Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner based on the next highest score in accordance with Rule 6 to be the eligible winner for that Prize (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

The confirmed winners will be eligible to receive the Prizes (as defined below in Rule 9).

THE PRIZE:

There are three prizes (each, a “Prize”) available to be won, consisting of:

  • First Prize: two thousand five hundred dollars ($2,500 CAD)
  • Second Prize: one thousand dollars ($1000 CAD)
  • Third Prize: five hundred dollars ($500 CAD)

The following general conditions apply to each Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) the costs of everything not specifically and expressly stated herein as included in the Prize are the sole and absolute responsibility of the confirmed winner; (iv) by accepting the Prize, the confirmed Winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.   None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Competition. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.  For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if his/her prize or a component thereof does not prove satisfactory, either in whole or in part.

GENERAL CONDITIONS:

This Competition is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Competition are final and binding on all participants without right of appeal.  ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.  

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Competition; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Participant Content and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an participant’s or any other person’s computer or other device related to or resulting from participating in the Competition; (v) anyone being incorrectly and/or mistakenly identified as a Winner or eligible Winner; and/or (vi) any combination of the above. 

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Competition (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Competition as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Competition in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserve the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Competition, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  

By entering this Competition, each participant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Competition and in accordance with Mark Anthony Wine & Spirits’ privacy policy (available here).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Competition mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any participant, Entry, Participant Content and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Rules, or for any other reason. The Sponsor has the right to modify the composition of the Entry Judges panel or the Mystery Box Judges panel and/or replace some of its members at any time and at its sole discretion.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Competition-related materials, including, but not limited to, any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Competition will be governed by and construed in accordance with the domestic laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in British Columbia in any action to enforce (or otherwise relating to) these Rules or relating to this Competition.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling.  Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.