Competition Terms and Conditions
“Win a Trip to New Zealand with Babich Wines Sweepstakes”
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. OPEN TO LEGAL RESIDENTS OF THE U.S. AND THE DISTRICT OF COLUMBIA WHO ARE 21 OR OLDER AS OF DATE OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE U.S. SWEEPSTAKES BEGINS AT 12:00:00 A.M. EST ON October 1 2021, AND ENDS AT 12:00:00 A.M. EST ON January 31, 2022. FOR FULL OFFICIAL RULES, HOW TO ENTER AND PRIZE DESCRIPTIONS, VISIT www.babichwines.com/win. SPONSOR: BABICH WINES, 15 BABICH ROAD, AUCKLAND, NEW ZEALAND.
Internet access is required to participate.
Open to legal residents of the U.S. and the District of Columbia who are 21 or older as of date of entry. Void where prohibited or restricted by law. Employees, directors, officers and agents of Sponsor, its parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and any alcoholic beverage industry producers, importers, wholesalers, distributors or licensed retailers, and members of the immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate.
In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules. By entering you agree to be bound by these Official Rules and those terms, and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter. Any entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules.
- SWEEPSTAKES PERIOD.
The Win a Trip to New Zealand with Babich Wines (the “Sweepstakes”) begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on October 1, 2021, and ends at 12:00:00 a.m. EST on January 31, 2022 (the “Sweepstakes Period”).
- HOW TO ENTER.
There is one (1) way to enter this Sweepstakes (“Entry Method”). A completed entry shall be referred to herein as the “Entry.”
Entry via www.babichwines.com/win (the “Website”): Access the Sweepstakes application by visiting www.babichwines.com/win and follow the online instructions to complete and submit an online entry form. The entry form may require entrant information, including name, date of birth, email address, phone number, and address. Incomplete entry forms will not constitute an Entry.
By submitting an Entry, entrant represents and warrants that the Entry does not violate the rights of any third party, including, but not limited to, intellectual property rights, privacy rights, or publicity rights. If Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person or entity, such Entry may be disqualified from the Sweepstakes, in Sponsor’s sole discretion. Further, no entrant will be eligible to receive the prize unless Sponsor determines, in its sole and absolute discretion that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.
Submission of an Entry grants Sponsor the right to use, publish, adapt, edit and/or modify the Entry in any way, in whole or in part, and to use such Entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s websites, and on the Sponsor’s social media pages, including Instagram®, Twitter® and Facebook®, for viewing by the general public, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Entry. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES, AT SPONSOR’S SOLE DISCRETION.
Submission of an Entry further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Entry, including but not limited to all intellectual property rights and proprietary rights worldwide. Any content, material or information included in an Entry shall not be confidential, proprietary or trade secret. By submitting an Entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose.
Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All Entries become the sole and exclusive property of Sponsor and will not be returned. Proof of submission of an Entry does not constitute proof of receipt of an Entry by Sponsor or its agents. Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or entry method, as applicable. All incomplete or non-conforming entries will be disqualified.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, epidemic/pandemic, natural disaster, civil commotion, riot, strike 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 or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both Entry Methods combined as of the date/time of termination.
One (1) Grand Prize will be awarded. One (1) winner will receive a trip for him/herself and one (1) guest to New Zealand, to be taken between July 1, 2022, and June 30, 2023.
As part of the Prize, the Winner and one (1) Guest will receive round trip coach air transportation to Auckland, New Zealand; internal air transportation in New Zealand from Auckland to Queenstown, a three (3) night stay in Auckland, and a three (3) night stay in Queenstown, all at hotels of the Sponsors’ choice (one room; double occupancy); roundtrip ground transportation to/from airports and hotels in New Zealand; a tour of the Babich Winery; one (1) adventure activity for winner and guest in Queenstown (winner to choose one (1) activity from bungee jumping, white water rafting, river surfing, canyon swinging or jet boating), and $1,000 NZD spending money. The departing and returning flights to Auckland will be based out of the major U.S. airport hub closest to the Winner’s place of residence, or at the Sponsors’ discretion. Winner will be responsible for all other expenses not covered by the Prize, including, but not limited to all ground transportation from and to the airport. If the winner cannot travel between July 1, 2022, and June 30, 2023, the prize will be forfeited in its entirety.
Approximate Retail Value (“ARV”) of the prize package is $6,800 USD. Actual value may vary depending on winner’s residence, airfare fluctuations and/or other factors. Any difference between the stated ARV and actual value will not be awarded. Alcoholic beverages are not part of the prize.
Winner’s guest must be 21 years of age or older. Winner and Guest will be required to sign and return an Affidavit of Liability and Release and, where permitted by law, a Publicity Release, within a specified time period prior to travel (as determined by Sponsor) as a condition of accepting the prize trip. The trip must be taken on dates chosen in Sponsor’s sole discretion, or prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Sponsor will determine airline and flight itinerary at their sole discretion. Winner and guest must travel together. All details of travel and accommodation are subject to availability. Lodging and air transportation cannot be used separately. Travel, hotel stay and activities are subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier(s), hotel(s) and activity provider(s) of Sponsor’s choice. Sponsor shall not be responsible for any cancellations, delays, diversions or flight substitution or any act or omissions whatsoever by the air carrier(s), accommodation provider(s), activity provider(s), or any other persons or companies providing any of these services and accommodations. Sponsor shall not be liable for any loss or damage to baggage. No refund or compensation will be made in the event of cancellation or delay of any flight. Winner and guest are responsible for obtaining any valid documentation necessary for travel, and each is responsible for his or her own travel insurance should they desire same. The prizes consist only of the items described above. All expenses not expressly stated in the prize description above as being included in the prize, including, without limitation, meals, ground transportation, tips, souvenirs and hotel incidentals, are the responsibility solely of the winner and/or guest.
Use of the prize is conditioned upon winner and guest conducting themselves at all times in a socially responsible, respectful and appropriate manner; should winner and/or his/her guest fail to do so, prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the winner and/or guest as applicable. Further travel and/or accommodations restrictions may apply.
- DRAWING/NOTIFICATION OF WINNERS/PRIZE CLAIM PROCESS.
The winner will be determined on or about March 16, 2022, in a random drawing from among all eligible Entries received. Sponsor’s decisions will be final and binding in all matters relating to this Sweepstakes. Odds of winning the prize depend on the total number of eligible Entries received. The awarding of the prize is subject to verification of the potential winner’s eligibility. The winner will be notified by phone and/or email on or around March 23, 2022 and will be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where permitted by law, a Publicity Release, and furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver’s license, birth certificate or passport) within forty-eight (48) hours of notification. If the prize notification is returned as undeliverable, or if a potential winner does not respond to the notification, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deem a potential winner ineligible to receive the prize for any reason, the prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining Entries received.
- GENERAL CONDITIONS.
This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules and the decisions of Sponsor. No transfer or substitution of the prize (or any portion thereof) or cash redemption permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event the advertised prize (or portion thereof) is unavailable. Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for the prize (or portion thereof). All federal, state and local income taxes on the prize are winner’s sole responsibility. The winner will be issued an IRS Form 1099 for the value of the prize. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Sponsor reserves the right to conduct a background check of any criminal records of the winner and his/her guest. To the extent necessary and permitted by law, winner and his/her guest shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify winner and/or his/her guest based on the background check.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNER ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE, IS VOID AND WILL NOT BE HONORED.
- INDEMNIFICATION AND RELEASE.
By entering or accepting the prize (if awarded to him/her), each entrant agrees to indemnify, release, defend and hold harmless the Sponsor and its parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Sweepstakes, including but not limited to, entrant’s Entry; use of entrant’s name, likeness, biographical information, signature, image or likeness; winner’s or guest’s receipt, possession, acceptance, use and/or misuse or inability to use the prize or any part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel or activity related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
- LIMITATIONS OF LIABILITY.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or winner’s receipt or use or misuse of the prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason. Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prize offered herein. No more than one (1) prize will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than one (1) prize to be available and/or claimed, Sponsor reserves the right to award only one (1) prize by a random drawing among all legitimate, eligible prize claims.
By accepting the prize, winner acknowledges that Sponsor has neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
- CONSENT TO PUBLICITY.
By accepting the prize, winner consents to Sponsor’s use of his/her name, limited biographical information, voice, statements, photograph, taped or filmed image, and/or other likeness for advertising, promotional, public relations or trade purposes in commerce and in any media worldwide, whether now known or hereafter devised (including but not limited to the internet and social media) without limitation and without additional compensation or notice.
By participating or accepting the prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York.
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 that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- WINNER’S LIST.
For winner’s list, please email [email protected], subject line WINNERS. All requests for the winner’s list must be by received by April 4, 2022. Requests will be fulfilled after all winners are verified.
This Sweepstakes is sponsored by Babich Wines, 15 Babich Road, Auckland, New Zealand.
Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only.
Copyright ©2021 Babich Wines. All rights reserved.
PLEASE DRINK RESPONSIBLY