Experience the Wines of Europe Sweepstakes Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Experience the Wines of Europe Sweepstakes (the “Promotion”) is sponsored by Sopexa USA (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Experience the Wines of Europe Sweepstakes Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion.
ELIGIBILITY:
The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, the United States and the District of Columbia, who are twenty-one (21) years of age or older and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Alabama, Indiana, Iowa, Maine, Michigan, Minnesota, Ohio, Pennsylvania, Rhode Island, South Dakota, Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Koupon Media, Inc. (“KOUPON”) and the third party Promotion administrator (“Trip Prize Administrator,” and together with KOUPON, the “Administrator”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: Sopexa USA, Experience the Wines of Europe Sweepstakes, Sopexa USA, 250 Hudson St., Suite 703, New York, NY 10013. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on July 14, 2021, and ends at 11:59:59 p.m. EST on November 26, 2021. Entries must be received prior to the expiration of the Promotion Period to be eligible for a Prize.
HOW TO ENTER:
(a) Website Entries. Prospective entrants wishing to enter the Promotion may go to the Promotion web page located here (the “Site”) and complete the Promotion entry form. The Site may be promoted via in-store displays, social media influencers and/or other methods of online and offline marketing. In order to complete the Promotion entry form on the Site, each entrant must include her/his: (i) full name; (ii) full mailing address; (iii) e-mail address; (iv) mobile telephone number; (v) date of birth; and (vi) any other information requested on the Promotion entry form (collectively, “Site Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (C) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to receive a Prize. Upon successful completion of the Promotion entry process, each individual shall receive one (1) entry in the Promotion (each, an “Entry”). You may submit one Entry from 12:00:00 a.m. ET to 11:59:59 p.m. ET each calendar day during the Promotion Period (each, a "Promotion Day").
(b) Entry Limits/General Provisions. You may only submit one Entry during each Promotion Day. Any Entries submitted in excess of this limitation will be discarded. Multiple individuals are not permitted to share the same email address. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different mobile devices, identities, registrations, user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Sponsor is not responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive telemarketing (including text message marketing where you have provided your “prior express written consent” as required under the Telephone Consumer Protection Act (“TCPA”)), e-mail and direct mail marketing messages from Sponsor, KOUPON and Sponsor’s marketing partners (where applicable), subject to the Sponsor Privacy Policy (the “Sponsor Privacy Policy”). See the “Privacy Statement” section hereinbelow for a link to the Sponsor Privacy Policy.
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 p.m. EST on November 26, 2021.
HOW TO WIN A PRIZE:
(a) Basic Prizes. Immediately upon the initial submission of valid Site Registration Data (but not in connection with the submission of Site Registration Data for any subsequent Promotion Days), each entrant will be presented with a digital “scratch-off” screen. Each entrant may engage the digital scratch-off functionality which shall reveal, in real-time, whether or not that entrant is a potential Basic Prize (as defined below) winner as determined using KOUPON’s randomized winner selection technology (“Basic Prize Winner Selection”). There will be a maximum of five hundred (500) Basic Prizes awarded during the Promotion Period. The selection of Basic Prize winners will immediately cease upon the selection of the five hundredth (500th) potential Basic Prize winner. If five hundred (500) Basic Prizes have not been awarded by the end of the Promotion Period ("Basic Prize Shortfall”), then within thirty (30) days of the end of the Promotion Period, the Trip Prize Administrator will randomly select an amount of potential Basic Prize winners equal to the amount of the Basic Prize Shortfall.
(b) Grand Prize. Within thirty (30) days of the end of the Promotion Period, the Trip Prize Administrator will randomly select one (1) entry from the Promotion Database as the potential Grand Prize (as defined below) winner (“Grand Prize Winner Selection,” and together with the Basic Prize Winner Selection, “Winner Selection”). The potential Prize winner will be notified via mail within ten (10) days after Grand Prize Winner Selection.
PRIZE WINNER VERIFICATION AND ELIGIBILITY:
The potential Prize winners shall be subject to eligibility verification. Each potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within five (5) days following attempted notification. In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of that Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor and Administrator in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
PRIZE DESCRIPTIONS:
(a) Basic Prize. Each Basic Prize winner will receive a thermal wine bag and picnic blanket (collectively, a “Basic Prize”). The approximate retail value (“ARV”) of each Basic Prize is Twenty-Nine Dollars ($29.00). The Basic Prize winners will not receive the difference between the actual Basic Prize value and the ARV.
(b) Grand Prize. The Grand Prize winner will receive a trip to France and Germany, consisting of the following: (i) coach class airfare for the Grand Prize winner and one (1) guest: (A) from the major U.S. airport nearest the Prize winner’s residence within the United States, to Bordeaux, France; (B) then from Bordeaux, France to Frankfurt, Germany; and (C) then return from Frankfurt, Germany to the major U.S. airport nearest the Prize winner’s residence within the United States; (ii) hotel accommodations for the Prize winner and one (1) guest (one (1) room, double occupancy) for three (3) nights in Bordeaux, France and three (3) nights in Mainz, Germany; (iii) transportation to and from the applicable airports to the applicable hotels in France and Germany; (iv) a combined allowance of Three Hundred and Sixty Euros (€360.00) per diem for food and travel while in France and Germany; (v) a private two (2) hour class at Ecole du Vin in Bordeaux for the Grand Prize winner and one (1) guest; (vi) entry fees to La Cite du Vine for the Grand Prize winner and one (1) guest; (vi) a private three (3) hour tour of selected sights and destinations with a chauffeur and private guide for the Grand Prize winner and one (1) guest; (vii) a small group, six (6) hour tour of selected vineyards around Mainz for the Grand Prize winner and one (1) guest; and (viii) a small group, six (6) hour tour of selected castles and abbeys around Mainz for the Grand Prize winner and one (1) guest (collectively, the “Grand Prize,” and together with the Basic Prizes, the “Prize”).
(c) Grand Prize Terms and Conditions. The approximate ARV of the Grand Prize is Eighteen Thousand Dollars ($18,000.00). The Grand Prize winner will not receive the difference between the actual Grand Prize value and the ARV. The specifics of all aforementioned elements of the Grand Prize shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply. Without limiting the foregoing, Sponsor will determine (and, where applicable, book) travel dates, airline, flight itinerary and hotel accommodations in its sole and exclusive discretion. The Grand Prize winner and travel companion must travel the same itinerary on the dates and/or times specified by Sponsor, or the Grand Prize will be forfeited in its entirety. Travel must be round trip and must occur between March 1, 2022, and May 31, 2022, unless otherwise indicated by Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Contest Rules, as well as those established by the applicable airline carrier of choice as detailed in the passenger ticket contract. If the Grand Prize winner is unable to utilize the Grand Prize travel and/or accommodations during the applicable time period, the Grand Prize winner shall forfeit the Grand Prize in its entirety and an alternate winner may be selected, in Sponsor’s sole discretion. Additional activities and features may be made available to the Grand Prize winner and guest for additional fees. Incidentals, tips, telephone calls and any other personal expenses incurred during the trip are the responsibility of the Grand Prize winner and guest, as applicable. The Grand Prize winner and travel companion are solely responsible for obtaining any identification documents necessary for international travel. The travel companion selected by the Grand Prize winner must be at least twenty-one (21) years of age or older. If the Grand Prize winner’s travel companion fails to return such documents by the date and/or time indicated within such documents, then the Grand Prize winner may forfeit the right to bring that travel companion.
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period.
PRIVACY STATEMENT:
For a thorough recital of the Sponsor Privacy Policy, Click HERE. To the extent that the Sponsor Privacy Policy is in conflict or inconsistent with these Contest Rules as they pertain to the Promotion, these Contest Rules shall take precedence.
WINNERS LIST:
To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: Sopexa USA, Experience the Wines of Europe Sweepstakes, Sopexa USA, 250 Hudson St., Suite 703, New York, NY 10013.
TAX INFORMATION:
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate. Sponsor will issue a form 1099-MISC for the Grand Prize winner in the amount of the Grand Prize.
NO SUBSTITUTION OF WINNERS:
The Prizes are non-transferable, and no substitution or transfer of any Prize will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize, or any portion thereof, for a substitute of equal or greater value for any reason.
PUBLICITY:
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
RELEASE:
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prizes, and all associated travel) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.
ADMINISTRATOR:
Neither KOUPON nor the Trip Prize Administrator is involved in marketing the Promotion. Neither KOUPON nor the Trip Prize Administrator is the sponsor of the Promotion and neither KOUPON nor the Trip Prize Administrator will respond to any inquiries. KOUPON is solely responsible for the selection of the potential Basic Prize winners (other than where there is a Basic Prize Shortfall, in which case the Trip Prize Administrator shall select the remaining potential Basic Prize winners). The Trip Prize Administrator is solely responsible for the selection of the potential Grand Prize winner and if there is a Basic Prize Shortfall, the remaining potential Basic Prize winners.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Contest Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Contest Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
DISQUALIFICATION:
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, faulty “scratch-off” functionality associated with the Basic Prizes or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
INDEMNIFICATION:
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.