Contest V-1.7R
The New Year’s Eve WISH-SHOP
Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY
ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. ALCOHOL IS NOT A PART
OF THE PRIZE.
1. CONTEST TIMING:
The New Year’s Eve WISH-SHOP Contest (the “Contest”) entry period begins
Tuesday, November 24, 2020 at 3:00 pm. Eastern Time (“ET”) and ends Thursday,
December 31, 2020 at 11:59:59 p.m. ET (the “Entry Period”).
All Eligible Entries will be reviewed for compliance with these Official Rules (“Official
Rules”) and, if compliant, will be made available for judging. The Judges (as later
defined in these Official Rules), will judge all eligible entries based on a predefined
criteria, as later described in these Official Rules, to determine the one (1) Grand Prize
winner (“Grand Prize Winner”). LIMIT: One (1) Contest Entry per person during the
Entry Period.
The Administrator’s database clock will be the timekeeper for the Contest. Entry in the
Contest does not constitute entry into any other contest or sweepstakes. By
participating in the Contest, each Entrant unconditionally accepts and agrees to
comply with and abide by these Official Rules and the decisions of Moet Hennessy
USA, Inc., 85 10th
Avenue, 2nd
Floor, New York, NY 10011. (the “Sponsor and a
Panel of Judges” ), and/or WYNG, 360 Park Avenue S., 20th
Floor, NY, NY 10010
(the “Administrator”) whose decisions shall be final and legally binding in all respects
and not subject to further review in any forum.
2. ELIGIBILITY: Contest is open only to legal residents who are physically located in one
(1) of the contiguous (48) United States or the District of Columbia (NOT including
residents of Utah, all U.S. Territories and Possessions and overseas Military
Installations), age twenty-one (21) or older at the time of entry (“Entrant”). Sponsor,
Administrator and each of its companies, subsidiaries, advertising and Contest
agencies, and any and all other companies associated with the Contest (collectively,
the “Contest Entities”), and each of their immediate family members and/or people
living in the same household are not eligible to participate. All eligibility is subject to all
federal, state and local laws and regulations. All entries submitted are the property of
the Sponsor. The Contest shall be void where prohibited or restricted by law.
3. HOW TO ENTER:
Contest V-1.7R
1. Visit www.NYEWishshop.com and complete the online registration with all
required information including entering your essay.
2. Submit an essay (the “Essay”) answering the question “What wish you would like
(realistically) to be fulfilled (granted) in 2021” (your “WISH”). Essay must not
exceed 250 words in length.
3. An eligible entry must comply with these Official Rules and may not contain any
of the Prohibited Content set forth below.
Fulfillment of the selected granted WISH may not exceed $50,000 and must be
fulfilled on or before July 15, 2021.
Once you complete the registration, your entry will be reviewed for compliance and if
approved your eligible entry will be included in the judging process.
Proof of delivery or receipt of entry will not be deemed by the Sponsor as proof of entry
into the Contest. All entries become the sole property of Sponsor. Entries will not be
acknowledged or returned. All entries are subject to verification and approval by the
Sponsor. Entries that do not meet the requirements for the Essay specified below or
otherwise do not comply with the Official Rules herein will be disqualified. Any attempted
form of entry other than as described herein is void. Sponsor will determine in its sole
discretion, what constitutes a valid entry
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY
MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER
RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S
DISCRETION. Submission of an entry grants the Sponsor and its agents the right
to publish, use, adapt, edit, publicly perform and/or modify such entry in any way,
in any and all media, including for use in advertising and marketing, without
limitation, and without consideration to Entrant.
Prohibited Content:
Entries must not violate the rights of any other party, including but not limited to intellectual
property rights or rights of privacy/publicity.
Entry submissions may not contain, as determined by the Sponsor, in its sole discretion,
any material or content that:
a) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic,
racial, gender, religious, professional or age group; profane or pornographic; contains
nudity;
b) promotes alcohol irresponsibly, illegal drugs, tobacco, firearms/weapons (or the use of
any of the foregoing); promotes any activities that may appear unsafe or dangerous;
promotes any particular political agenda or message;
c) includes obscene or offensive messages; endorsement of any form of hate or hate
group; duplication of any other submission;
Contest V-1.7R
d) promotes terrorist acts, such as providing instructions on how assemble bombs,
grenades and other such weapons or providing instructional information about illegal
activities;
e) defames, misrepresents or contains disparaging remarks about Sponsor, its customers
or products or other people or companies;
f) includes personal identification, such as personal names or e-mail addresses;
g) includes messages or images inconsistent with the positive images and/or good will to
which the Sponsor wishes to associate;
h) infringes the rights of any third party; and/or
i) violates any law;
Entrant’s Representations: By entering the Contest you represent and warrant that (a) the
submission is Entrant’s original work product and does not infringe the rights of any third
party, (b) publication of the submission via various media will not infringe the rights of any
third party and (c) the submission has not been previously published in any medium. Each
Entrant will indemnify and hold harmless Sponsor and other Released Parties (defined
below) from any claims to the contrary.
General Entry Notes: Entrant will be able to review his or her entry prior to submission,
but once any entry is submitted, Entrant cannot access/revise such entry in any way.
Entries made on another’s behalf by any individuals or other entities, including but not
limited to, commercial contest/sweepstakes subscription notification and/or entering
services, will be declared invalid and disqualified for the Contest. Tampering with the
entry process or the operation of the Contest is prohibited and any entries deemed by
Sponsor, in his sole discretion, to have been submitted in this manner will be void. In
the event a dispute regarding the identity of the individual who actually submitted an
entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed
ineligible.
4. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS OF WINNING:
One (1) Grand Prize: The Sponsor will grant the winner’s WISH up to $50,000 in
value to be fulfilled by the Sponsor on or before July 15, 2021.
ALCOHOL WILL NOT BE PART OF THE PRIZE.
If the winning wish cannot be fulfilled/granted due to the current Covid 19 pandemic,
acts of God or as determined by the Sponsor in its absolute sole discretion, the winner
will substitute something of equivalent value.
If the actual value of the Prize is lower than ARV stated in these Official Rules, the
difference will not be awarded in cash.
Contest V-1.7R
The Prize is non-assignable and non-transferable and is not redeemable for cash,
except at the sole discretion of Sponsor as set forth herein.
The winner is responsible for all applicable federal, state, local sales and income taxes
and any costs, expense(s) or fees whatsoever in connection with the Prize. The winner
will receive an IRS form 1099 issued in the winner’s name if required by law. ALL
PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE).
5. JUDGING CRITERIA:
The judging panel will consist of three representatives of Moet Hennessy USA, Inc.,
two marketing representatives and the Moet Hennessy USA head of entertainment
marketing (the “Judges”).
The Judges will judge each Essay based on the following equally weighted criteria to
determine one (1) winner:
Adherence to these Official Rules – How closely did the contestant
follow the rules provided in this document.
Creativity of idea – How differentiating is the idea vs other similar
submissions provided.
Clarity of the essay – How understandable are the creative ideas
and how clear is the inspiration behind the WISH.
Celebratory, positive and uplifting tone of Essay and WISH.
Note: WISH should not request repayment of anyone’s debts; such WISHs will
not be chosen.
Essays should take into account that alcohol will not be part of the Prize, including
but not limited to any of Sponsor’s brands.
Each of the Judges will identify their preferred entry through the criteria above,
picking the winner through a majority selection rule agreed upon between the three
Judges.
Contest winner will be announced on or about January 15, 2021.
6. WINNER NOTIFICATION: The Contest winner will be notified via email, direct
message or by phone by the Administrator requesting confirmation of the winner’s
name and mailing address. The winner is subject to verification. Potential winner will,
be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and,
Contest V-1.7R
where lawful, a Publicity Release and W-9 tax payer request for identification, within
four (4) calendar days of the first attempted notification. If a potential winner fails to
respond to any notification attempt within four (4) calendar days, or if any attempted
notification or prize delivery is returned as undeliverable, or if a potential winner fails
to complete and return any required affidavit or release within the specified time period,
the potential winner may be disqualified and an alternate winner. The Contest alternate
winner will be the next entry with the greatest Judge’s score (“Alternate Winner”).
Once eligibility has been verified and the Administrator receives the prize winner’s
requested information, the Sponsor will arrange to award the Prize. Prize winner must
reply with all required information in order to receive their Prize.
7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Entry constitutes permission for
the Contest Entities to use Entrant’s entry materials, name, photograph, likeness,
voice, biographical information, statements and complete address (collectively, the
“Attributes”), for advertising and/or publicity purposes worldwide and in all forms of
media now known or hereafter devised, in perpetuity, without further compensation or
authorization, (except where prohibited by law), and releases the Contest Entities from
all claims arising out of the use of such Attributes. All information regarding Entrants
collected by Sponsor and Administrator and/or their agents and contractors will be
treated in accordance with their privacy policies. Please review Sponsor’s privacy
policy at https://www. NYEwishshop.com and Administrator’s privacy policy at
https://www.wyng.com/privacy-policy/. Any information that Entrants share with
Sponsor (including, without limitation, all information included on any entry form) may
be used (and disclosed to third parties) by Sponsor for purposes of administration of
the Contest and to communicate with the Entrant in relation to the Contest. Entrants
are providing information to Sponsor.
Submission of an entry grants the Sponsor, its agents, FlyteVu Agency, LLC, FVA
Productions, LLC, the right to record, copy, publish, use, edit, exhibit, distribute, perform,
merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and
all media, without limitation and without any compensation to the entrant. Submission of
an entry further constitutes the entrant’s consent to irrevocably assign and transfer to
Sponsor any and all rights, title and interest in the entry, including, without limitation, all
copyrights.
In addition, depending on the nature of the Prize awarded, the winner may be required
to sign additional liability waivers, in order to receive the Prize, at Sponsor’s sole
discretion.
8. DISQUALIFICATION: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE
ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE
CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF
CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES)
Contest V-1.7R
AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE
FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor
reserves the right in its sole discretion to disqualify any individual who is found to have
tampered with the entry process or the operation of the Contest, to be acting in
violation of these Official Rules, or to be acting in an unsportsman-like or disruptive
manner, or with the intent to disrupt or undermine the legitimate operation of the
Contest, or to disparage, annoy, abuse, threaten or harass any other person. No
incomplete, forged, software-generated or other automated multiple entries will be
accepted. 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 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 their terms
as if the invalid or illegal provision were not contained herein.
9. LIMITATION OF LIABILITY:
(a) By entering this Contest, all Entrants release the Sponsor, Administrator, FlyteVu
Agency, LLC, FVA Productions, LLC, and their respective parent, subsidiary and
affiliated entities including, all of their respective shareholders, officers, directors,
employees, agents, contractors, attorneys, successors and assigns (the “Released
Parties”) from and against all claims and damages arising out of or in connection with
each Entrant’s participation and/or entry in the Contest and/or his/her receipt or use of
the Prize awarded in the Contest.
(b) Sponsor is not responsible for problems downloading or uploading any Contest –
related information to or from the web site or for any other technical malfunctions of
electronic equipment, computer on-line systems, servers, or providers, computer
hardware or software failures, phone lines, failure of any electronic mail entry to be
received by Sponsor on account of technical problems, traffic, congestion on the
internet or the web site, or any other technical problems related to web site entries
including telecommunication miscommunication or failure, and failed, lost, delayed,
incomplete, garbled or misdirected communications which may limit an Entrant’s ability
to participate in the Contest.
(c) None of the Released Parties shall be held responsible for, and Entrant hereby
releases the Released Parties from any claims arising from or in any way relating to:
(i) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or
inaccurate capture of, damage to, or loss of entries or entry information or technical
failures of any kind, including but not limited to (i) unauthorized human intervention in
any part of the entry process or the Contest; (ii) (vi) use of any prize and (iii) the judging
process including the outcome of the Contest.
10. MODIFICATION /FORCE MAJEURE: In the event (a) an insufficient number of Eligible
Entries are received, (b) a virus, bugs, or entrant fraud or misconduct affect or corrupt
the administration, integrity, security or proper operation of the Contest, (c) Sponsor
deems necessary in order to comply with the terms of use or terms of service of any
Contest V-1.7R
applicable social media platform or in connection with changes to such terms, or (d)
Sponsor is prevented from awarding the prize or continuing with the Contest as
contemplated herein by any event beyond his control, including but not limited to, 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 (e.g.
SARS), pandemic, order of any court or jurisdiction, or other cause not reasonably
within Sponsor’s control, then Sponsor shall have the right to modify, suspend, or
terminate the Contest.
In the event that, for reasons beyond their control and not related to the winner, the
Sponsor or Administrator is unable to award the Prize as described in these Official
Rules, they will substitute the Prize with another prize of similar nature and equal or
greater value (including but not limited to cash equivalent) at their sole discretion.
11. DISPUTES: Except where prohibited, Entrants agree that: (1) any and all disputes,
claims and causes of action arising out of or connected with this Contest or any Prize
awarded shall be resolved individually, without resort to any form of class action; (2)
any and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Contest, but in no event
attorneys’ fees; (3) 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; and (4) Entrant waives all right to trial by jury. 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 Contest, shall be governed by, and construed in accordance with, the laws
of the State of New York, U.S.A. without giving effect to any choice of law or conflict
of law rules.
12. WINNER’S LIST: To obtain the name of the winner, send a self-addressed
stamped envelope to: The New Year’s Eve WISH-SHOP Contest Winner, PO Box
2312, Framingham, MA 01703-2312. All such requests must be received by 1/14/21.
The use of any Prize manufacturer, name, celebrity name, or trademark in connection with
any of the prizes is solely for the purpose of describing such Prize and is not intended to
suggest any affiliation or sponsorship.