“Win a Trip to New Zealand with Babich Wines Sweepstakes”

OFFICIAL RULES

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 1 June 2017, AND ENDS AT 12:00:00 A.M. EST ON 31 August 2017. FOR FULL OFFICIAL RULES, HOW TO ENTER AND PRIZE DESCRIPTIONS, VISIT nzwineescape.com. SPONSORS: BABICH WINES, AUCKLAND, NEW ZEALAND, AND MHW LIMITED, NY.

Internet access is required to participate. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter®, Facebook®, or Instagram®. Twitter®, Facebook®, and Instagram® are not affiliated with the Sponsors in any way.

  1. 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 June 1 2017, and ends at 12:00:00 a.m. EST on August 31 2017 (the “Sweepstakes Period”).

  1. HOW TO ENTER.

There are two (2) ways to enter this Sweepstakes (“Entry Methods”). A completed entry via one of the two Entry Methods shall be referred to herein as the “Entry” or the “Submission.”

Entry Method No. 1: Entry via Twitter®, Facebook®, or Instagram®: You must be a registered member of Twitter®, Facebook®, or Instagram® in order to use this Entry Method. Memberships on Twitter®, Facebook® or Instagram® are free. Registration for Twitter®, Facebook®, or Instagram® can be obtained by going to the respective website and entering the required information to register or by downloading the application from an App Store and following the application’s onscreen instructions to open an account. To enter during the Sweepstakes Period:

Entry Method No. 2: Entry via www.nzwineescape.com (the “Website”): Access the Sweepstakes application by visiting www.nzwineescape.com and follow the online instructions to complete and submit an online entry form, including a photo or story of your best summer family moment. 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 or Submission.

LIMIT ONE ENTRY PER PERSON FOR THE SWEEPSTAKES. Entrants may make only one (1) Entry during the Sweepstakes Period. Sponsors reserves the right, in their sole and absolute discretion, to disqualify any Entry that does not comply with these Official Rules. Any Entry using Entry Method No. 1 must comply with the Terms of Service for Twitter®, Instagram® or Facebook®, whichever is applicable to your Entry. Creating multiple accounts in order to exceed the limits on Entries permitted by these Official Rules may result in the disqualification of all Entries from such accounts.

 

Entry Restrictions: All Entries must comply with the following restrictions:

  1. Entry must be an original work of the entrant;
  2. Entry cannot have been published previously by any party other than the entrant;
  1. Entry cannot display or contain trademarks, logos or trade dress owned by any third party such that it would appear that other brands are endorsing the Sponsors’ brand, or advertise or promote any brand or product of any kind, other than Babich Wines;
  2. Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
  3. Entry cannot include the entrant’s name or personally identifiable information, nor the full name, likeness, photograph, or other indicia identifying any other person, living or dead, without the consent of such person;
  1. Entry cannot describe or depict any illegal activity or violation of any state or federal law;
  2. Entry cannot contain the name/logo of any alcohol beverage retailer, including in the background;
  3. Entry must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; nor the use of prostitution, pornography, nudity, profanity or other adult content, or violence;

Any Entry that does not comply with these Official Rules will not be considered a valid Entry in this Sweepstakes. If any Entry fails to comply with any of these Entry requirements or any other provisions of these Official Rules, at the Sponsors’ sole discretion, Sponsors reserve the right to disqualify the entrant.

Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk. If Sponsors are duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Website or from Sponsors’ social media because of such infringement, such Entry may be disqualified from the Sweepstakes, as Sponsors may determine in their sole discretion. Further, no entrant will be eligible to receive the prize unless Sponsors determine, in their sole and absolute discretion that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.

Submission of an Entry grants Sponsors 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 Sponsors’ websites, and on the Sponsors’ 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. Any posting of any Entry on the internet will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT THE ENTRY MAY BE POSTED ON SPONSORS’ WEBSITES, AT SPONSORS’ SOLE DISCRETION.

Submission of an Entry further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsors 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 Sponsors’ 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. Sponsors are 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 Sponsors and will not be returned. Proof of submission of an Entry does not constitute proof of receipt of an Entry by Sponsors or their agents. Sponsors reserve 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, or any other causes beyond the control of Sponsors 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, Sponsors reserve the right, in their 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.

  1. ELIGIBILITY.

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 Sponsors, their respective 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, and all of the terms and privacy terms of Instagram®, Twitter® and Facebook®, where applicable, and by entering you agree to be bound by these Official Rules and those terms, and the decisions of Sponsors, 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 Sponsors’ sole discretion if he/she fails to comply with any of the terms of these Official Rules.

 

 

  1. PRIZE.

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 September 9, 2017 and September 9, 2018.

The Grand Prize package includes the following: round trip coach air transportation from the major airport nearest winner’s home (as determined by Sponsors) to Auckland, New Zealand; internal air transportation in New Zealand from Auckland to Marlborough, and from Marlborough to Queenstown, a three (3) night stay in Auckland, a one (1) night stay in Marlborough, 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 one (1) NZD $1000 value VISA® gift card for winner.

Winner’s guest must be 21 years of age or older. Guest will be required to sign and return a Liability Release and, where permitted by law, a Publicity Release, within a specified time period prior to travel (as determined by Sponsors) as a condition of accompanying winner on prize trip.

Each trip must be taken on dates organized by winner with Sponsors, and with final dates chosen in Sponsors’ 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. Sponsors 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 Sponsors’ choice. Sponsors 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. Sponsors 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.

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 Sponsors may pursue other legal sanctions against the winner and/or guest as applicable. Further travel and/or accommodations restrictions may apply.

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.

  1. DRAWING/NOTIFICATION OF WINNERS/PRIZE CLAIM PROCESS.

The winner will be determined on or about September 2, 2017 in a random drawing from among all eligible Entries received through both Entry Methods combined. Sponsors’ decisions will be final and binding in all matters relating to this Sweepstakes. Odds of winning the prize will be determined by the total number of eligible Entries received through both Entry Methods combined. 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 September 6, 2017, 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 Sponsors (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 Sponsors, in their 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.

  1. 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 Sponsors. No transfer or substitution of the prize (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsors’ sole discretion. Sponsors 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. Sponsors further reserve the right, in their sole discretion, to offer a cash alternative for the prize (or portion thereof); however, the cash alternative may be less than the stated ARV of the prize. 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. Sponsors reserve 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. Sponsors reserve the right, at their sole discretion, to disqualify winner and/or his/her guest based on the background check.

SPONSORS’ DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNERS 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.

  1. 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 Sponsors, Twitter, Inc., Instagram, LLC, Facebook, Inc., and each of their respective 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 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.

  1. 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, Sponsors, at their 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, Sponsors reserve 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 Sponsors have 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.

  1. CONSENT TO PUBLICITY.

By accepting the prize, winner consents to Sponsors’ 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.

  1. DISPUTES/SEVERABILITY.

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 Sponsors 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.

  1. WINNER’S LIST.

For winner’s list, please send a self-addressed stamped envelope to: 15 Babich Road, Henderson Valley, Auckland 0614, New Zealand. All requests for the winner’s list must be postmarked by September 30, 2017 and received by October 31, 2017. Requests will be fulfilled after all winners are verified.

  1. SPONSORS.

This Sweepstakes is sponsored by Babich Wines, Auckland, New Zealand, and MHW Limited, NY.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsors only, and NOT to Twitter®, Instagram®, or Facebook®.

The information you provide in connection with this Sweepstakes is being provided to the Sponsors and not to Twitter, Inc., Instagram, LLC, or Facebook, Inc. Such information will be used for purposes of this Sweepstakes.

Copyright ©2017 Babich Wines. All rights reserved.

PLEASE DRINK RESPONSIBLY