THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. ALCOHOL IS NOT A PRIZE. MUST BE 21 OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW.
REFERENCES TO ANY THIRD-PARTY ENTITY ARE NOT MEANT TO IMPLY AN ENDORSEMENT OF THIS SWEEPSTAKES OR ANY ENTITY AFFILIATED WITH Branca USA.
1. SPONSOR/ADMINISTRATOR: The Branca USA Shot for Shot Sweepstakes (the “Sweepstakes”) is sponsored and administered by Branca USA, 570 Lexington Ave, Suite 4200, New York, NY 10022 the ”Sponsor”).
2. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the 50 United States and the District of Columbia, who are 21 years of age or older at the time of entry. All federal, state and local laws and regulations apply. Legal entities are not eligible to enter. The following individuals are not eligible to participate in the Sweepstakes: employees, contractors, directors and officers of Sponsor and each of its respective parent, subsidiaries and affiliated companies, distributors, wholesalers, retailers, other alcoholic beverage suppliers, and any agencies involved in the administration, development and fulfillment of the Sweepstakes including, but not limited to, web design, advertising, marketing, public relations, and prize fulfillment companies, and the immediate family members (spouse, domestic partner, parent, child, sibling and spouse or ”step” of each) and those living in the same households of each such individual.
3. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at [12:00 a.m. Eastern Time (”ET”) on 3/16/25 and ends 11:59pm p.m. ET on 4/8/25 (the ”Sweepstakes Period”).
4. HOW TO ENTER: NO PURCHASE NECESSARY. PURCHASES DO NOT INCREASE ODDS OF WINNING. Visit us.fernetbranca.com/shot-for-shot/rules (“Website”), complete the required fields of the onscreen registration form to be entered into the Sweepstakes drawing (“entry”).
5. CONDITIONS OF ENTRY. Limit one (1) entry per person during the Sweepstakes Period, regardless of the number of email addresses a person may have. Multiple entries in excess of this limitation or mass entry attempts may result in disqualification of all entries by such person at Sponsor’s discretion.
Entries must be entered directly by the Entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Duplicate or incomplete entries will be disqualified. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries received by Sponsor during the Sweepstakes Period are eligible for participation. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple email addresses, identities, registrations, or logins; entries through a sweepstakes club or similar entity; or any other unauthorized method of entry will void all of Entrant’s entries and Entrant will be disqualified from the entire Sweepstakes. Submitting mass entries or entries generated by an automated program, AI, script, or macro, or the use of any other similar device, program, or method to enter this Sweepstakes is prohibited and will result in disqualification. If the identity of the individual who actually participated in the Sweepstakes cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible. Sponsor may, in its sole discretion, disqualify any individual it finds to be in violation of these Official Rules, tampering with the entry process or the operation of the Sweepstakes (including without limitation, tampering with websites or email addresses), or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Sweepstakes may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
By entering, you agree to be bound by these Official Rules and that the decisions of Sponsor and its authorized representatives are final and binding in all matters concerning this Sweepstakes. You agree to release the Sweepstakes Entities (as defined below) from any action or liability resulting from your participation in the Sweepstakes and/or any other information included in any entry. Normal internet access and usage charges imposed by Entrant’s online service may apply and are Entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by Entrant’s phone service may apply and are Entrant’s sole responsibility.
Entrants may be required to provide the following information to be eligible for a Sweepstakes prize: first, middle and last name, month, day and year of birth, email address, complete mailing address, and phone number (collectively or individually, “Personal Information”). All requested Personal Information must be provided to participate in the Sweepstakes and to be eligible to win a prize. Unintelligible entries; entries with incomplete, invalid, incorrect, or noncurrent information; entries that are counterfeit, damaged, or tampered with in any way; and entries with printing, production, or typographical errors will be disqualified. Entries that are late, lost, damaged, misdirected, stolen or not delivered are not the responsibility of Sponsor and will be disqualified.
Sponsor is not responsible if a potential winner does not receive a prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Sweepstakes. Proof of sent entry or entry receipt (such as a copy of a “thank you” message) does not constitute proof of actual receipt of entry by Sponsor for purposes of this Sweepstakes.
6. PRIVACY POLICY: All personal information collected by Sponsor will be used for administration of the Sweepstakes. In addition, Entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s privacy policy located at: https://us.fernetbranca.com/privacy-policy or important information regarding the collection, use and disclosure of personal information by Sponsor.
7. Prize Structure: A total of Eighteen (18) winners broken out as follows:
The Approximate Retail Value (“ARV”) of each prize is set out below.
Six (6) Grand Prizes (2 National and 4 Key States, as follows: Arizona, Washington, Indianapolis, Wisconsin each, a (“Key State”): Each consisting of one (1) Shot Machine (details to be confirmed by Sponsor) and a Fernet basketball, ARV for each Grand Prize: $420. Total ARV for all Grand Prizes: $2,520.
Six (6) First Prizes (2 National and 4 Key States, as follows: Arizona, Washington, Indianapolis, Wisconsin each, a (“Key State”): Each consisting of one (1) Fernet Merch bundle consisting of one (1) custom jersey (size options S-XXL), one (1) bundle of coasters, and one (1) big basketball, ARV for each First Prize: $85. Total ARV for all First Prizes: $510.
Six (6) Second Prizes (2 National and 4 Key States, as follows: Arizona, Washington, Indianapolis, Wisconsin each, a (“Key State”): Each consisting of one (1) custom jersey (size options S-XXL), OR one (1) Fernet PAS shirt (size options S-XXL), and one (1) mini basketball (Sponsor’s choice of prize), ARV for each Second Prize: $55. Total ARV for all Second Prizes: $330.
Total ARV for all Prizes: $3,360. Actual value of prize depends on market conditions at time of fulfillment. Any difference between ARV and actual value will not be awarded. Restrictions may apply. All prize details will be determined by Sponsor in its discretion.
Prizes consists only of those items expressly specified in these Official Rules as being part of each prize. All expenses and costs associated with the acceptance or use of each prize that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner.
All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable, or available for resale. Prizes have no cash surrender value, except where required by law. Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize. This includes, without limitation, any warranty, representation, or guarantee related to any prize’s quality or fitness for a particular purpose. Prizes are subject to availability and Sponsor may substitute a prize (or a component thereof) with another prize of equal or greater value if the prize is not available for any reason, as determined in Sponsor’s sole discretion. Other prize substitution options are available where required by law. Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of any prize not specified herein as being awarded are the winner’s sole responsibility. Prize specific terms and conditions apply. Any prize details not specified above will be determined by Sponsor in its sole discretion. If any potential winner is disqualified, not eligible, or for any other reason cannot accept the prize as stated, then Sponsor may randomly select a new potential winner from the remaining pool of eligible Entrants for that drawing. Where legal, the winner may be required to submit, without alteration and in the form provided by Sponsor, a completed and signed Declaration of Eligibility and Liability & Publicity Release, where legal (the “Release”) within the required time period communicated in the Release to be eligible to receive or participate in any prize. Only the number of each prize set forth in these Official Rules will be awarded. In the event that any error, mistake, failure or discrepancy causes more than the stated number of prizes as set forth in these Official Rules to be promoted, noticed or claimed, Sponsor may award only the stated number of prizes by conducting a random drawing from among all legitimate, unawarded, eligible prize claims.
8. ODDS OF WINNING: Odds of winning is dependent upon the number of eligible entries received for each drawing.
9. RANDOM DRAWING: The process leading to the random selection of each potential prize winner is within the sole discretion of Sponsor. Within a reasonable time after the end of the Sweepstakes Period, two (2) National Grand Prize winners, two (2) National First prize winners and two (2) National Second Prize winners will be randomly drawn from the pool of all eligible entries received during the Sweepstakes Period. Within a reasonable time after the end of the Sweepstakes Period, four (4) Key State Grand Prize winners [one (1) per Key State], four (4) Key State First Prize winners [one (1) per Key State], and four (4) Key State Second Prize winners [one (1) per Key State] will be randomly drawn from the pool of all eligible entries received for each Key State received during the Sweepstakes Period. Drawings will be conducted by Sponsor. Sponsor’s interpretation of these rules and decisions will be final.
10. WINNER NOTIFICATION: The potential winners will be notified by email/phone and will be required to sign and return, via email, the Release, within two (2) days of receipt of Release, or the Prize will be forfeited and an alternate winner may be chosen. Release will be sent via email from the Sponsor. Return of any prize notification as undeliverable may result in disqualification and alternate selection.
Personal Information, including entry information received, will be used to verify eligibility and award any prizes. In the event of any dispute concerning the identity of any Entrant of an entry, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting account. Sponsor and its agencies are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the exclusive control of the Sponsor.
In the event that an Entrant or potential winner is disqualified or fails to claim a prize for any reason, the foregoing process will be repeated until all prizes are awarded, or until three attempts have been made to award each prize and each attempt has failed. EXCEPT AS REQUIRED BY LAW, IF ANY PRIZE REMAINS UNAWARDED FOR ANY REASON AFTER THREE ATTEMPTS, THAT PRIZE WILL NOT BE AWARDED IN THIS SWEEPSTAKES.
11. GENERAL RULES/VERIFICATION: By acceptance of a prize, the winner grants permission to the Sponsor and its agencies to use Personal Information, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, Entrants/winner hereby agree to release and indemnify Sponsor and its parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the “Sweepstakes Entities“) from any and all injuries, loss, claims or damages arising out of an Entrant’s participation in the Sweepstakes and/or Entrant’s and winner’s acceptance or use or misuse of a prize. By participating in the Sweepstakes, Entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that Entrant will defend and hold the Sweepstakes Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of any prize awarded hereunder. Without limiting the foregoing, everything regarding the Sweepstakes, including the Website/any websites used in connection therewith and the prizes awarded hereunder, are 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, or non-infringement, all of which are expressly disclaimed by the Sweepstakes Entities.
If for any reason the Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive manner. In the event the Sweepstakes is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the prizes from among all eligible entries received for each drawing prior to cancellation. Any attempt by an Entrant to deliberately damage the Website/any website involved in the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including without limitation criminal prosecution, and damages, including without limitation attorneys’ fees, from any such Entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of a prize. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry, to be violating these Official Rules or to be acting in a disruptive manner. Use of automated entry devices or programs is prohibited.
12. RULES/WINNERS LIST: Prize winners list will be available for thirty (30) days after April 30, 2025, send an email to: Winners@dja.com with Fernet Branca Sweepstakes 01-2758-37 as the subject line. Winners List will be sent after all prizes have been awarded.
13. DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or a prize awarded (collectively, “Dispute”) will be resolved individually, without resort to any form of class action; (2) Any and all Disputes will be settled in an amicable discussion between the Entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, Entrant and Sponsor will be determined solely by arbitration in San Francisco, California before one JAMS arbitrator agreed upon by the parties. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to Entrant will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; (4) Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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
14. CHOICE OF LAW: 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.