OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, READ CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. The Hennessy Cirque du Soleil® sweepstakes (THE “SWEEPSTAKES”) BEGINS AT 9 A.M. ET on May 18, 2019 AND ENDS AT 9 A.M. ET ON June 24, 2019 (“ENTRY PERIOD”).
1. ELIGIBILITY: Sweepstakes is open only to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia (NOT including residents of Utah, Puerto Rico, all U.S. Territories and Possessions and overseas Military Installations), age twenty-one (21) or older at time of entry. Employees and their immediate family members (defined as spouses, parents, siblings or children) of Moët Hennessy USA, Inc. (“Sponsor”), Cirque du Soleil and each of their respective parent companies, affiliates, subsidiaries, retailers, distributors, wholesalers, and advertising and promotion agencies are not eligible. All federal, state, and local laws and regulations apply. Void elsewhere and where prohibited by law. All Entrants (as defined below) agree to be bound by these Official Rules and the decisions of the Sponsor shall be final and binding. All Entrants must release Sponsor, Cirque du Soleil and each of their respective parent and affiliated companies and all other businesses involved in this Sweepstakes (“Released Parties”), as well as the employees, officers, directors, shareholders, representatives, agents, successors and assigns of each, from all claims, liability, lawsuits, costs, expenses, fees, injuries (including death), losses, and damages relating to their participation, acceptance and use of any Prize (as defined below). Winners assume all liability for any injury or damage, including death caused or claimed to be caused by participation in this Sweepstakes or use or redemption of Prize. Void where prohibited or restricted. Winning a Prize is contingent on fulfilling all requirements in these Official Rules.
2. HOW TO ENTER THE SWEEPSTAKES: INTERNET ACCESS NECESSARY TO ENTER FOR A CHANCE TO WIN. To enter the Sweepstakes, each Sweepstakes entrant (“Entrant”) must provide a valid email address in the Hennessy Black and Cirque du Soleil Microsite www.Hennessy2019.com or by using a two-way text-messaging capable device to text “HB2019” to 8444 (The “Entry Sites”) All entries submitted through the Entry Sites will not be returned or acknowledged. Sponsor is not responsible for any typographical or other error in the administration of the Sweepstakes or in the announcement of any Prize. Limit one entry per person. 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 winners may be required to show proof of being the authorized email account holder. Sponsor is not responsible for lost, late, damaged or misdirected entries.
3. WINNER SELECTION: One (1) potential Winner (as defined below) will be notified at approximately 12 P.M. ET on June 24, 2019 (upon successful completion of all required forms set forth herein, each potential winner to become a “Winner”). The Winner will be awarded a trip for two (2) to Cirque du Soleil VOLTA™ show in Chicago Illinois, including two (2) VIP tickers, airfare and accommodations (the “Prize”). Winner’s guest must be age 21 or older. The potential Winner will be selected from all eligible entries received during the Entry Period. A random drawing will be conducted by an independent third-party company, whose decisions are final and binding in all matters related to the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Entry Period. 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 not specifically provided herein. If the actual value of a Prize is lower than ARV stated in these Official Rules, the difference will not be awarded in cash. In the event that, for reasons beyond their control and not related to the Winner, the Sponsor or independent third-party company is unable to award any Prize as described in these Official Rules, they will substitute the Prize with another prize of similar nature and equal or greater value at their sole discretion. The Prize is non-assignable and non-transferable and is not redeemable for cash. 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, assuming a sufficient number of entries are received. All entries and potential Winners are subject to verification by Sponsor and administrator, whose decisions are final and binding. No compensation will be paid in lieu of prize. Sponsor reserves the right to substitute a prize of equal or greater value if advertised Prize is unavailable. By accepting a Prize, the Winner irrevocably grants 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. The Prize cannot be transferred or sold.
4. PRIZES & APPROXIMATE RETAIL VALUES (“ARV”): The verified Winner will receive 2 VIP tickets for a Cirque du Soleil VOLTA™ show in Chicago, one (1) hotel room accommodation and two (2) economy class flight tickets from Winner’s location in the United States to Chicago, Illinois, The ARV of the Prize is $4,000. Alcohol is not a part of the Prize. All expenses not specifically mentioned herein are not included as part of any Prize and are solely the Winner’s responsibility, including, but not limited to: ground transportation, parking fees, food and beverages. 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). ARV of the Prize awarded in this Sweepstakes is FOUR THOUSAND US DOLLARS ($4000).
5. WINNER NOTIFICATION: Potential Winners will be notified via email. If any of the potential Winners do not respond to the email within two (2) days of sent date, it will result in disqualification, and the Prize will be awarded to an alternate potential Winner in a separate random drawing. In the event of any disqualification an alternate potential Winner will be selected. All potential Winners will be required to complete and return an electronic Affidavit of Eligibility and Liability and a Publicity Release with digital signature, which must be emailed back within forty-eight (48) hours of receipt or potential Winner will be disqualified. Entrants are responsible for notifying Sponsor of changes in email and/or home addresses. If an Affidavit and/or Release are returned as undeliverable, it will result in disqualification and the Prize will be awarded to an alternate Winner in a separate random drawing. Failure to fully complete, execute and return all required forms specified within this time period may result in the Winner being disqualified. In the event of any such disqualification an alternate Winner will be selected. Upon timely receipt of the completed Affidavit and Publicity Release Sponsor will confirm selection of the Winner by email.
7. GENERAL: Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules. If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes, the Entry Site or any Website associated herewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failure, or any other causes, in the Sponsors’ sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserve the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this Sweepstakes or any portion thereof. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, 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, or order of any court or other cause not within Sponsor’s control, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If a cancellation, termination, modification, or suspension occurs, notification will be posted at the Entry Site. If cancelled, Sponsor reserves the right to conduct a random drawing to award Prizes from among all eligible, non-suspect entries received prior to such cancellation. Sponsor reserves the right to disqualify Entrants who violate these Official Rules or interfere with this Sweepstakes in any manner and terminate such Entrant’s eligibility to participate in the Sweepstakes. Any attempt by an Entrant or any other individual to deliberately damage the Entry Site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE AND LIMITATIONS OF LIABILITY: By entering, Entrants agree to (i) comply with these Official Rules including all eligibility requirements; and (ii) release, defend, indemnify, and hold harmless Released Parties from any and all liability, claims, actions, injury, death, loss or damage of any kind resulting from participating in this Sweepstakes, from participating in any Sweepstakes-related activity or from the acceptance, use or misuse of any Prize awarded. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged, misdirected or stolen mail; or (6) 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 receipt or use or misuse of any Prize. The Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes.
9. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes.
10. 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.
11. SPONSOR: Moët Hennessy USA, 85 Tenth Ave, 2nd Floor, NY, NY 10011. // End of Official Rules // Hennessy Cirque du Soleil Sweepstakes Imported Cognac Hennessy® 40% Alc./Vol. © 2019 Moet Hennessy USA, Inc. New York, NY. All Rights Reserved.
Abbreviated Rules: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. MUST BE 21 YEARS OR OLDER. ALCOHOL IS NOT A PART OF THE PRIZE. Sweepstakes open only to legal residents of the U.S. (excluding Utah Puerto Rico, all U.S. Territories and Possessions and overseas Military Installations). Sweepstakes begins at 9:00 A.M ET on May 18, 2019 AND ENDS AT 9 A.M. ET ON June 24, 2019. The Winner will be notified by 12 P.M. ET on October 31, 2018 For Official Rules, go to www.Hennessy2019.com.Total ARV of the Prize $(4000). Sponsor: Moët Hennessy USA, 85 10th Ave, 2nd Floor, NY, NY 10011.