Moet Hennessy – West ELM Cloudy Bay Experience – Win the following Roundtrip (coach class) air transportation Six nights (double occupancy) hotel accommodations Cloudy Bay experience at the Cloudy Bay Shed $2500 Food

Cloudy Bay X West Elm V-1.6 U.S. UK, CA
Cloudy Bay X West Elm Sweepstakes
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 SWEEPSTAKES, 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. SWEEPSTAKES TIMING:
The Cloudy Bay X Sweepstakes (the “Sweepstakes” a/k/a “Random Draw”)
entry period begins Tuesday, June 15, 2021 at 12:00:01 a.m. pm. Eastern Time
(“ET”) and ends Tuesday, September 7, 2021 at 11:59:59 p.m. ET (the “Entry
Period”).
A random drawing will take place on or about Monday, September 13, 2021 to
select one (1) prize winner.
The Administrator’s database clock will be the timekeeper for the Sweepstakes.
Entry in the Sweepstakes does not constitute entry into any other sweepstakes
or contest. By participating in the Sweepstakes, each Entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the
decisions of Moet Hennessy USA, 7 World Trade Center, 250 Greenwich
Street, 36th
Floor, New York, New York 10007 (the “Sponsor” or “Promoter”),
and/or WYNG, 360 Park Avenue S., 20th
Floor, NY, NY 10010 USA (the
“Administrator”) whose decisions shall be final and legally binding in all
respects and not subject to further review in any forum.
2. ELIGIBILITY: Sweepstakes 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), Canada, and the United
Kingdom (“UK.”) age twenty-one (21) or older, at the time of entry (“Entrant”).
Sponsor, Administrator, West Elm, and each of its respective companies,
subsidiaries, advertising and sweepstakes agencies, and any and all other
companies associated with the Sweepstakes (collectively, the “Sweepstakes
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 Sweepstakes shall be void where prohibited or
restricted by law.
3. HOW TO ENTER:
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
1. Visit www.CloudyBaySummer.com (“Entry Site”) and complete the online
registration with all required information.
2. To complete your registration, agree to the Official Rules and submit.
All entries submitted through the Entry Site will not be returned or acknowledged.
Sponsor is not responsible for any typographical or other errors in the
administration of the Sweepstakes or in the announcement of any prize. Should a
dispute arise regarding the identity of the Entrant, the authorized account
subscriber of said email account at the time of entry will be considered the Entrant.
“Authorized account subscriber” as it relates to email is defined as the natural
person who is assigned the account by the email provider. Potential winner may
be required to show proof of being the authorized email account holder. Sponsor
is not responsible for lost, late, damaged or misdirected entries.
Limit: One (1) entry per person during the Entry Period. Entrants found using
multiple accounts to enter this Sweepstakes will be disqualified. Multiple Entrants
are not permitted to share the same online account. Any attempt by any Entrant
to obtain more than the stated number of entries by using multiple/different
accounts, identities, registrations and logins, or any other methods will void that
Entrant’s entries and that Entrant may be disqualified. Use of any automated
system to participate is prohibited and will result in disqualification.
By entering Entry via Entrant’s mobile device, standard data fees may apply.
Entrant should consult Entrant’s wireless service provider’s pricing plan for details.
Entrant agrees to incur any and all charges demanded by Entrant’s wireless
carrier. Entrant should also check Entrant’s device’s features for capabilities and
check the device manual for specific use instructions.
4. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS OF WINNING:
One (1) Grand Prize: Trip for two (2) to New Zealand plus West Elm Gift Card.
Winner will receive the following:
Roundtrip (coach class) air transportation
Six (6) nights (double occupancy) hotel accommodations
Cloudy Bay experience at the Cloudy Bay Shed
$2,500 Food, misc., and ground transportation allowance (payable by
check in the name of the winner)
$5,000 West Elm Gift Card. Terms & Conditions of the Gift Card apply.
West Elm design Crew Consultants available to assist with design and
shopping questions
Total ARV of this prize package is $15,000 USD ($18,068 CAD, £10,571 GBP)
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
ALCOHOL IS NOT PART OF ANY PRIZE.
TRAVEL NOTE: Effective1/26/21, all airline passengers to the United States ages two
years old and older must provide a negative COVID-19 viral test taken within 3 calendar
days of travel. Alternatively, travelers to the U.S. may provide documentation from a
licensed health care provider of having recovered from COVID-19 in the 90 days
preceding. Check the CDC website for additional information and Frequently Asked
Questions.
If the actual value of the Prize is lower than ARV stated in these Official Rules,
the difference will not be awarded in cash.
Trip travel must be completed by December 31, 2022
Winner will coordinate with the designated travel agent or Sponsor
representative to organize the travel package. Winner’s travel companion must
be twenty one (21) years of age or older at the time of departure. Prize is
provided on an “as is” basis, without any warranty of any kind. Prize is non-
transferable. Prize may not be redeemed for cash except at Sponsor’s option.
Sponsor reserves the right to substitute a Prize (or portion thereof) of equal or
greater value if the advertised Prize (or portion thereof) becomes unavailable.
Accommodation and air transportation are all subject to availability. Winner and
his/her guest must travel on the same itinerary and on the same dates. Travel
must be round trip.
Air transportation shall be by coach class roundtrip from a major gateway to the
location of the Prize (Christchurch, New Zealand), and all such travel
arrangements will be made by a designated representative of Sponsor whose
decisions regarding the itinerary are final and binding. Selection of airline and
airport shall be at the discretion of Sponsor or any other provider of any portion
of the Prize. Prize winner and his/her travel companion must have valid travel
documents to fly and to check in to a hotel (e.g., government issued I.D.,
passport, major credit card, etc.) along with any other travel requirements in
order to travel prior to departure, and failure to do so may result in forfeiture of
Prize. Winner and his/her travel companion are solely responsible for
satisfying all legally required conditions of travel. Sponsor is not liable for any
expenses incurred as a consequence of flight cancellation or delay or any
weather or airline issues that prevent the Prize winner and his/her travel
companion, if applicable, from traveling, in which event any missed portion of
the Prize is forfeited in its entirety and no substitution will be provided.
All expenses and incidental travel costs not expressly stated in the Prize
package description above, including but not limited to, ground transportation,
meals, incidentals, gratuities, passenger tariffs or duties, airline fees,
surcharges, airport fees, service charges or facilities charges, personal
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
charges at lodging, security fees, taxes or other expenses are the sole
responsibility of the Winner.
Sponsor will not replace any lost, mutilated, undeliverable, returned, refused or
stolen Prizes. Winner is responsible for any and all applicable local, state,
and/or federal taxes. Actual value may vary based on airfare fluctuations and
distance between departure and destination. Winner will not receive difference
between actual and approximate retail value. Sponsor will not replace any lost,
mutilated, or stolen Prize.
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 (U.S. only) 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. WINNER SELECTION: There will be one (1) random drawing in this Sweepstakes
to be conducted by the Administrator on or about Monday, September 13, 2021
to award one (1) prize (the “Prize”). Potential winner will be notified at within five
(5) calendar days of the drawing. Upon successful completion of all required forms
set forth herein, the potential winner will be a winner (“Winner”).
Odds of winning depend on the number of eligible entries received during the Entry
Period. If the selected Winner is unable to accept a Prize in its entirety for any
reason, the selected Winner will forfeit the Prize and the Prize will be awarded to
an alternate Winner. All Prizes are guaranteed to be awarded (time permitting),
assuming a sufficient number of entries are received.
By accepting a Prize, the Winner irrevocably grant(s) Sponsor the right and
permission (except where prohibited by law) to use Winner’s name, Prize won,
likeness, photograph, voice, address (state) and biographical information in any
media throughout the world in perpetuity for purposes of advertising, online
posting, promotion and publicity in connection with the Sweepstakes without
additional compensation.
6. WINNER NOTIFICATION: The Sweepstakes winner will be notified via email
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,
where lawful, a Publicity Release and W-9 tax payer request for identification
(U.S. only, all others will execute a Declaration), within four (4) business days
of the first attempted notification. If a potential winner fails to respond to any
notification attempt within four (4) business 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
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
period, the potential winner may be disqualified and an alternate winner will be
selected. The Sweepstakes alternate winner will be randomly selected from all
remaining eligible entries (“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.
ENTRANT’S FROM CANADA: If the selected winner resides in Canada, the
potential winner shall be required to respond (as directed by the Administrator) to
the notification within five (5) business days of attempted notification date. The
failure to respond timely to the notification shall result in forfeiture of the Prize and,
in such case, the Administrator shall randomly select an alternate winner from
among the remaining eligible entries. Winning entrant will be required to first
correctly answer a mathematical skill testing question without assistance of any
kind (whether mechanical or otherwise) within a 2-minute time limit in order to be
eligible to win Prize. The question will be administered by phone or in writing or as
part of the Declaration within five (5) business days following the drawing. If entrant
cannot be contacted and the skill testing question administered, the Prize will be
forfeited and an alternate entrant will be selected.
7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Entry constitutes
permission for the Sweepstakes 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 Sweepstakes Entities from all claims
arising out of the use of such Attributes.
U.S. & Canada Privacy Law: 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.hennessy.com/en-us/privacy-cookies-notice 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 Sweepstakes and to
communicate with the Entrant in relation to the Sweepstakes. Entrants are
providing information to Sponsor.
PRIVACY LAW – U.K ENTRANTS: Any personal data submitted as part of the
Sweepstakes will be stored and processed on behalf of the Sponsor as data
controller in accordance with applicable data protection laws. Entrants agree that
such data may be used for the purposes of administering the Sweepstakes, to
contact winners of the Sweepstakes and for such other purposes as stated in these
Official Rules. A request to access, update or correct any information should be
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
directed to the Sponsor at the address set out above:
Data Controller – The Sponsor is the “Data Controller” in relation to processing
personal data of participants to the Sweepstakes. Please note that this Privacy
Policy remains without prejudice to the processing of the participants’ personal
data. See the data controller’s privacy policy at the https://www.hennessy.com/en-
us/privacy-cookies-notice and Administrator’s privacy policy at
https://www.wyng.com/privacy-policy/. Purposes for processing personal data in
this Sweepstakes – The Sponsor collects the personal data of participants
exclusively for the purposes of organizing the management of the Sweepstakes
and communicating with participants and other related projects run by the Sponsor.
Personal data provided by participants shall only be used in accordance with this
Privacy Policy. As permitted in accordance with applicable laws, Sponsor may use
participant’s data to contact them in connection with the Sweepstakes and for
publicity purposes as stated above.
Retention of data – The Sponsor will not keep Personal Data relating to participants
participation in the Sweepstakes for longer than is necessary for the purposes
determined above. Data relating to participants will be retained by the Sponsor for
a reasonable period after the Sweepstakes finishes to assist the Sponsor in
operating the Sweepstakes in a consistent manner and to deal with any queries
relating to the Sweepstakes.
Third parties – for the purposes of organization and management of the
Sweepstakes, the collected personal data will be transferred to selected third
parties (for example, the Administrator) in accordance with and as permitted by
law. These third parties will not use your personal information for any other
purposes than what Sponsor has agreed with them. The Sponsor requests those
third parties implement adequate levels of protection in order to safeguard your
personal information. Except as set out in this privacy policy, the Sponsor will not
disclose any personally identifiable information without your permission unless the
Sponsor is legally entitled or required to do so (for example, if required to do so by
legal process or for the purposes of prevention of fraud or other crime) or if the
Sponsor believes that such action is necessary to protect and/or defend our rights,
property or personal safety and those of our users/customers or other individuals.
Collection of information – the Sponsor may automatically collect information about
you such as the type of internet browsers you use or the website from which you
linked to the application or the Sponsor’s website. The Sponsor may also
aggregate details which you have submitted to the site (for example, your age and
the town where you live). You cannot be identified from this information and it is
only used to assist the Sponsor in providing an effective service for the purposes
of the Sweepstakes.
Security of personal data – The Sponsor has implemented technology and policies
with the objective of protecting your privacy from unauthorized access and
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
improper use and will update these measures as new technology becomes
available, as appropriate.
Contact Us – A request to access, update or correct any information should be
directed to the Sponsor of the Sweepstakes.
Your personal data will be transferred to the United States. Pursuant to EU law
pertaining to data collection and processing, if you are an EU resident, you have a
right of access to, modification of and withdrawal of your personal data. You also
have the right of opposition to the data collection, under certain circumstances. To
exercise such right, you may write to the Sponsor at the address listed in rule #1
above.
RESIDENCE OF QUEBEC, CANADA: If you are a resident of Quebec, Canada,
any dispute concerning the conduct or organization of a publicity Competition may
be submitted to the Regie de alcohols, des courses et des jeux for a ruling. Any
dispute respecting the awarding of a Prize may be submitted to the Regie only for
the purpose of helping parties reach a settlement.
8. DISQUALIFICATION: CAUTION: ANY ATTEMPT TO DELIBERATELY
DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR
UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS
SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD
SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) 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 Sweepstakes,
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 Sweepstakes, 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 Sweepstakes, all Entrants release the Sweepstakes Entities
and their respective parent, subsidiary and affiliated entities including, all of
their respective shareholders, officers, directors, employees, agents,
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
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 Sweepstakes and/or his/her receipt
or use or misuse of the Prize awarded in the Sweepstakes.
(b) Sponsor is not responsible for problems downloading or uploading any
Sweepstakes-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 Sweepstakes.
(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
Sweepstakes; (ii) (vi) use of any Prize and (iii) the random drawing selection
process including the outcome of the Sweepstakes.
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
Sweepstakes, (c) Sponsor deems necessary in order to comply with the terms
of use or terms of service of any 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 Sweepstakes 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, pandemic, 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 Sweepstakes.
In the event that, for reasons beyond their control and not related to the Winner,
the Sponsor 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.
Cloudy Bay X West Elm V-1.6 U.S. UK, CA
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
Sweepstakes 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 Sweepstakes, 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 Sweepstakes, 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. Residents of Quebec: Any dispute
concerning the conduct or organization of a publicity Sweepstakes may be
submitted to the Regie de alcohols, des courses et des jeux for a ruling. Any
dispute respecting the awarding of a Prize may be submitted to the Regie only
for the purpose of helping parties reach a settlement.
12. WINNER’S LIST: To obtain the name of the winner, send a self-addressed
stamped envelope to: Cloudy Bay X West Elm Sweepstakes Winner, PO Box
2312, Framingham, MA 01703-2312 USA. All such requests must be received
by 9/30/21.
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.