Hotel Chocolat’s Trip to St Lucia Sweepstakes - Offical Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Entry Period: Hotel Chocolat’s Trip to St Lucia Sweepstakes (the "Sweepstakes") entry period begins at 12:00:01 AM Eastern Time ("ET") on September 1, 2019 and ends at 11:59:59 PM ET on December 31, 2019 (the "Entry Period”). All entries must be received during the Entry Period to be eligible. Sponsor shall be the official timekeeper for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited or restricted by law or regulations.
- Eligibility: The Sweepstakes is open only to legal residents of the United States and the District of Columbia 21 years of age or older at the time of entry (“Entrants”). Void in Puerto Rico and where prohibited by law. Employees of Sponsor and its respective subsidiaries, divisions, affiliates, advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, Entrants must fully comply with and agree to be bound by the Official Rules. By participating in this Sweepstakes, Entrants represent and warrant that they agree to be bound by these Official Rules, mandatory arbitration of disputes, limitation on rights and remedies, and Sponsor’s decisions, which shall be binding and final in all respects relating to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- How to Enter: Complete the entry form located online at https://hotelchocolatusa.com/pages/win-a-trip-for-two-to-saint-lucia at the same time you make an eligible purchase online, in-store, or through Hotel Chocolat’s corporate gifting program. For every One Hundred ($100) US Dollars spent, you will receive one (1) entry. Taxes, shipping/handling, and delivery costs are NOT included in calculating the number of entries you will receive.
FREE method of entry: Complete the entry form located online at https://hotelchocolatusa.com/pages/win-a-trip-for-two-to-saint-lucia.
NOTE: Limit of 25 entries per person or corporate account regardless of how you enter. Entries must be received during the official Entry Period.
By entering the Sweepstakes, you agree to receive promotional emails and phone calls from Hotel Chocolat. You may unsubscribe from receiving these emails by clicking the “Unsubscribe” link at the bottom of such emails.
- Selection of Winners: A potential winner will be chosen in a random drawing from all eligible entries on or about January 6, 2020. Odds of winning depend on the number of eligible entries received. Potential winner will be subject to verification of eligibility and compliance with these Official Rules, in Sponsor’s sole discretion before being confirmed as the actual winner of the sweepstakes (“Winner”).
- Prize: A trip for Winner and guest to St Lucia for a three consecutive night stay, double occupancy, at Hotel Chocolat’s Boucan hotel. Trip includes round trip basic economy airfare from a major airport near to the Winner’s residence on airline of Sponsor’s sole choice and ground transfers from the St Lucia airpot to Boucan Hotel. Approximate Retail Value $4500 (“ARV”).
The value of the prize set forth above represents Sponsor's good faith determination of the ARV thereof and this determination is final and binding and Entrant cannot appeal or challenge this determination. Final actual value of the prize at time of booking and travel may be more or less than the estimated value set forth above, depending on point of origin and ticket availability, and, if the actual value of the prize is lower than the estimated value, Winner will not receive any additional compensation or cash award. No transfer, refund, cash redemption, substitution, cash equivalent or replacement of prize or its elements permitted by Winner, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Winner is solely responsible for the reporting and payment of all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize.
Sponsor determines which departure airport will be included in the prize. Winner and guest must travel from the same airport and travel on the same itinerary. Winner is responsible for transportation for him/herself and guest to the designated departure airport. All expenses associated or in any way related to prize acceptance or use that are not specified above as being included in a prize, including but not limited to ground transfers in the USA, transportation in St Lucia beyond the prize description, excursions, tours, or experiences in St Lucia, meals, beverages, gratuities, taxes, gifts, travel insurance, baggage and seat assignment or other ancillary fees charged by the applicable airlines, in-room charges and all other additional costs, are excluded and are the sole responsibility of the applicable Winner and his/her guest. Winner and his/her guest may be required to provide credit card(s) at check in with the airport and hotel check-in to cover additional costs and incidentals. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances and is not included as part of the prize.
It is the travelers’ personal responsibilities to ensure that they have valid documentation, including but not limited to valid passports and visas that meet the requirements of immigration and other government authorities in the USA and in St. Lucia. Travelers will be required to comply with all security-screening requirements imposed by any location for visitors included in the prize, which may include, without limitation, providing valid, government-issued photo identification upon arrival. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the applicable traveler.
- Winner Notification: On or about January 6, 2020, selected potential winner will be notified by email or phone with instructions of how to contact Sponsor to claim the prize. Potential winner must respond by January 9, 2020, 5:00:00pm ET, acknowledging that he/she is a potential winner. Potential winner is subject to eligibility verification before any prize will be awarded. Selected potential winner will be required to complete (as directed by Sponsor) an Affidavit of Eligibility, Release of Liability, and Publicity Release (where permitted by law), and W-9 (collectively, the "Affidavit") on behalf of him/herself within seven (7) days of Sponsor sending these forms. Failure of potential winner to complete the Affidavit in a timely manner will result in disqualification, and Sponsor may select an alternate potential winner. Once Winner has been confirmed, any Winner’s guest must also complete the Affidavit before travel can be confirmed. Winner’s guest must also be 21 years of age or older.
In Sponsor's sole discretion, selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible Entrants if selected potential winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted; (ii) declines or cannot accept, receive, or use the prize for any reason; (iii) is found to be ineligible to enter the Sweepstakes or receive the prize; or (iv) cannot or does not comply with any provision of these Official Rules. Forfeited or unclaimed prize may not be awarded. Sponsor shall have no liability for any winner notification that is lost, intercepted, misdelivered, or not received by potential winner for any reason.
In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder.
- Prize Conditions: Travel dates will be at the discretion of Sponsor. Winner must communicate desired travel dates with Sponsor no later than thirty (30) days before desired dates. Travel must be completed by September 30, 2020. Winner will use best efforts to cooperate with Sponsor to arrange for the prompt booking of travel arrangements. Once a guest has been designated by Winner, Winner may only designate a replacement guest in Sponsor’s sole discretion, but in no event once airline tickets have been booked. Should Winner and a guest not be able to travel during the range of dates included in the prize, Sponsor may, in its sole discretion disqualify the Winner. The Winner will not be compensated for any forfeited prize or component of the prize. All airline tickets once booked cannot be changed unless Sponsor, in its sole discretion, consents. Any additional fees or penalties incurred as a consequence of any changes made to any travel arrangements after they are booked that are made at the request of the Winner or his/her Guest are the sole responsibility of Winner.
Failure to complete any component of the prize does not relieve the Winner of its tax obligations associated with winning and accepting the prize. Specific travel arrangements and all prize details not specified herein will be made and determined in the sole discretion of the Sponsor. All transportation tickets are subject to the terms and conditions specified thereon. Flight schedules are subject to change without notice. Sponsor is not liable for any missed events, opportunities, prize components, or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.
By accepting the prize, the Winner and his/her guest agree to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize-related activities. The Winner understands and agrees that Sponsor or Prize providers have the right, in their sole discretion, to disqualify and remove any Winner or his/her guest from any activity at any time if the Winner’s or guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and in such a case, the Winner will still be solely responsible for all taxes and other expenses related to the prize. Winner waives the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to either claim or use the prize in accordance with these Official Rules and any loss, liability, and publicity that might arise from claiming, seeking to claim, or using said prize.
- No Tampering, Right to Cancel or Modify: Sponsor shall not have any obligation or responsibility, including any responsibility to award any prize with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, postage-due, incomplete, illegible, unintelligible, damaged, mutilated, or misdirected, or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in this Sweepstakes or claiming the prize; (d) entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program); (e) typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials; (f) failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information; (g) other problems or errors of any kind whether viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems, computer, network, mechanical, human, electronic, typographical, printing or otherwise including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winner or in the awarding of prize; (h) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages; (i) any inability of the winner to accept the prize for any reason; (j) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, strikes, weather, or any other similar event beyond Sponsor’s reasonable control (“Force Majeure Event”); or (k) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes.
If, for any reason, this Sweepstakes is not capable of running as planned due to issues beyond Sponsor’s control, including but not limited to Force Majeure Event, tampering, fraud, unauthorized intervention, or technical issues, Sponsor, in its sole discretion, may cancel or suspend part or all of this sweepstakes in the event of any technical issues beyond its control, including computer virus, technical problem, typographical, printing or other errors or omissions in these Official Rules, the invitations to enter, or any associated material associated with the Sweepstakes. In such event, Sponsor may, in its sole discretion, award the prize in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor also reserves the right to disqualify any individual who tampers with the entry process.
PLEASE NOTE THAT ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES AT LAW OR IN EQUITY FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
- Release of Liability; Disclaimer of Warranty: By participating in the Sweepstakes, Entrants and each winner and winner’s travel guest agree to release and hold harmless Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to Entrants’ or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize(s) (or any component thereof) or their affiliates.
- Dispute Resolution, Governing Law, and No Class Relief: Except where prohibited by law, by entering the Sweepstakes, Entrant agrees that 1.)any and all disputes, claims, causes of action or proceedings arising out of or relating to the Official Rules, this Sweepstakes, or the awarding of the prize in the Sweepstakes (“Disputes”) shall be resolved by mandatory, binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”); and 2) any and all Disputes will be resolved individually, without resort to any form of class action. The arbitration shall be conducted in New York County, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in New York County, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability.
Exceptions. There are only three exceptions to this arbitration agreement: 1) Either Entrant or Hotel Chocolat may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; 2) if Hotel Chocolat reasonably believes that Entrant has threatened to infringe its intellectual property rights, Hotel Chocolat may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and 3)if the arbitrator finds that the arbitration agreement, including class waiver, is unenforceable, in whole or part, the entire arbitration provision shall be null and void and either party may file the action in court. If for any reason a claim proceeds in court rather than through arbitration, 1) Entrants and Hotel Chocolat each waive any right to a jury trial; 2)any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering the Sweepstakes but in no event attorneys' fees or legal expenses; and 3) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, exemplary, indirect, special, incidental or consequential damages, any other damages (whether due to negligence, strict liability, contract or otherwise), other than actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased.
These rules, their interpretation, and any Disputes arising from them, shall be governed by New York law.
- Severability: 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision.
- Grant of Rights: Except where prohibited by law, by accepting a prize, winners agree and acknowledge that Sponsor and any of its agents, designees, or assigns may, without any limitation, notice, or further compensation, use winner’s full name, city and state of residence, photograph(s) or other likeness(es), entry/ies, picture(s), portrait(s), voice, testimonial(s), biographical information (in whole or in part), and/or statements regarding the Sweepstakes or Hotel Chocolat, Inc., worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Hotel Chocolat, Inc., in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, social media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval (“Publicity Release”).
- Sponsor and more information: The Sweepstakes is sponsored by Hotel Chocolat, Inc., d/b/a Hotel Chocolat, 441 Lexington Avenue, New York, NY 10017 (the “Sponsor”). The Official Rules are available online at: https://hotelchocolatusa.com/pages/hotel-chocolat-s-trip-to-st-lucia-sweepstakes-offical-rules as well as in participating Hotel Chocolat locations. To request the name (including city, state) of the winner, please send a self-addressed, stamped business size envelope by March 31, 2020 to Sponsor at the address above. VT residents may omit return postage.