“Cunard’s Queen Mary 2 Festival of Food & Wine Voyage Giveaway” Sweepstakes
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Cunard’s Queen Mary 2 Festival of Food & Wine Voyage Giveaway” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and shall only be construed and evaluated according to applicable USA law and applicable state law. Do not enter this Sweepstakes if you are not located in the USA or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Wine Enthusiast Media, 200 Summit Lake Dr, Valhalla, NY, 10595 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least twenty-one (21) years of age at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, Carnival plc trading as Cunard Line (“Cunard”), the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and 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 this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on March 21, 2023 and ends at 11:59:59 p.m. EDT on May 22, 2023 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Two (2) methods of entry are as follows:
- VIA INSTAGRAM – Entrants must have an active Instagram account or sign up for a free Instagram account at instagram.com; and follow @wineenthusiast and @cunardline on Instagram. During Sweepstakes Period, @wineenthusiast will post a Sweepstakes notification via their Instagram account (“Post”). Entrants will be instructed to “like” and “comment” on the Post by tagging at least three (3) friends. By liking and commenting properly on the Post, an Entrant will automatically receive one (1) Sweepstakes entry. By submitting an Entry via Instagram.com, each Entrant consents to receive from the Sponsor an Instagram comment, if applicable, an email notifying such Entrant that he/she is a potential Prize Winner. In addition, Entrants must enter the Sweepstakes using a personally registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, may be disqualified.
- VIA ONLINE REGISTRATION – Entrants can also enter the Sweepstakes by completing the registration form available at https://www.winemag.com/cunard (the “Website”). Each completed registration form will generate one (1) Sweepstakes entry. To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: 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 FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address 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.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of the Prize (defined below) or any travel related thereto. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
DRAWING AND NOTIFICATION: The potential Prize Winner (“Winner”) will be selected in a random drawing conducted by the Administrator. The Prize drawing will be conducted on or about May 23, 2023. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Winner will be contacted by the Sponsor via Instagram direct message, phone and/or email (depending on method of entry).
PRIZE: There will be one (1) Prize available. The Winner, upon the Administrator’s verification of eligibility, will receive one (1) certificate good for the following prize from Cunard:
One (1) seven (7) Night Transatlantic Crossing (cruise number: M329E) on board Cunard’s Queen Mary 2 for the Winner and one (1) eligible guest (“Cruise Guest”) sailing from September 22, 2023 through September 29, 2023 (embarking from Southampton, England and disembarking from New York, NY) sharing cruise accommodations in a double-occupancy balcony stateroom (Category BY) (collectively “Cruise”), which prize includes:
(i) one (1) way coach class commercial air transportation for Winner and Cruise Guest from airport closest to Winner’s home residence within the 50 U.S./D.C. (as determined by Sponsor in its sole discretion) to Southampton England Airport; (ii) one (1) night hotel accommodations in Southampton England for Winner and Cruise Guest in one (1) double occupancy, standard hotel room for the night before the Cruise departs (hotel and its location to be determined in Cunard’s sole discretion); (iii) two (2) complimentary mixology classes while on board the Cruise for Winner and Cruise Guest; (iv) ground transportation from Southampton Airport to the hotel, and ground transportation from the hotel to the Cruise embarkment point in Southampton, England; (v) ground transportation from the Cruise disembarkment point in New York, NY to LaGuardia Airport (LGA) or John F. Kennedy International Airport (JFK) (with exact airport being determined in Cunard’s sole discretion); and (vi) one-way coach class commercial air transportation for the Winner and Cruise Guest from an airport in NY, NY (as determined by Cunard in its sole discretion) after disembarkment to the airport closest to Winner’s home residence within the 50 U.S./D.C. (as determined by Sponsor in its sole discretion) (collectively, the “Prize”).
Approximate Retail Value (“ARV”) of Prize: $7,550 USD. Any difference between stated ARV and actual value of any prizes will not be awarded. The ARV of prizes included herein is based on available information provided to Cunard and the value of any prize awarded to a verified Winner may be reported for tax purposes where required by law. ARV will vary based on the airfare and location of the Winner’s home residence.
All Cruise/Prize details not specified herein will be determined in Cunard’s sole and absolute discretion. Both Winner and Cruise Guest must be twenty-one (21) years of age or older (Winner at time of entry into the Sweepstakes and Cruise Guest) at the time of booking. Winner and Cruise Guest must cruise on the same itinerary. Once Cruise Guest is selected, they may not be substituted. Cruise includes all non-premium regular onboard meals and entertainment and cruise fare, and stated airfare, hotel and ground transportation only. All additional fees, incidental costs, travel expenses and/or trip items (other than those specifically listed herein), including, but not limited to, POST CRUISE ACCOMMODATIONS AND COSTS, AND GROUND TRANSPORTATION TO AND FROM HOME RESIDENCE TO AND FROM THE AIRPORT, shore excursions fees, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), all meals and beverages prior to boarding the vessel, discretionary charges while on vessel, meals in alternate dining venues while on vessel, gratuities, alcoholic beverages, boutique purchases, and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of the Winner. No credit or refund shall be provided for stateroom downgrades made by Winner. Subject to availability, Winner may upgrade the stateroom category (based on availability), but such upgrade would be at Winner’s sole expense. Cunard may provide additional and/or final Prize details at point of winner verification.
All reservations and Cruise arrangements including, without limitation, the dates and times are at the sole discretion of Cunard. All Cruise details are subject to availability and restrictions. Travel is subject to terms and conditions and those set forth by selected travel providers, availability, and other material restrictions may apply.
Cruise, hotel and air transportation must be booked by June 23, 2023 and Winner must cruise on the specified Cruise from September 22, 2023 until September 29, 2023, or Prize may be forfeited in its entirety, all in Cunard’s sole discretion and accordingly, such Winner may be disqualified. Sponsor is not responsible for any fees or additional charges resulting from a Winner’s or Cruise Guest’s change to itinerary or accommodations. Winner and Cruise Guest are responsible for obtaining his/her own travel, medical and life insurance and the associated costs and understand that Cunard has not and will not obtain or provide any form of insurance. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required. Winner and Cruise Guest must sign and return a Cruise/publicity release before ticketing for Cruise occurs. Winner and Cruise Guest must have all necessary identification or Cruise documents (including, but not limited to a valid passport and visa (if applicable) and all other necessary travel documents) required for Cruise. As set forth in more detail in the passage contract, Cunard reserves the right to refuse to embark any Winner or Cruise Guest, at any time if, in the sole opinion of Cunard, a Winner or Cruise Guest, or any other person in a Winner’s or Cruise Guest’s during the Cruise, are unfit for any reason for the Cruise. Cunard shall not be responsible for any cancellations, delays, diversions or substitution or any acts or omissions whatsoever by Cruise operators or any other persons providing any prize related services or accommodations including, but not limited to any air carriers or ground transportation carriers. Cunard shall not be liable for any loss or damage to baggage. Lost, stolen or damaged Cruise tickets, travel vouchers or certificates will not be replaced or exchanged. Additional Cruise/prize details and travel information may be provided to a Winner at the time of notification. Any and all Cruise details not specified herein will be determined in Cunard’ sole and absolute discretion. In order to sail on the Cruise, Winner and Cruise guest must agree to the Cunard passenger contract available at https://www.cunard.com/en-us/advice-and-policies/passage-contract. If Winner elects not to bring a Cruise Guest, the Winner will forfeit such portion of the prize and no substitute or other item shall be awarded to the Winner in lieu. Prize is non-transferrable and not redeemable for cash. Winner shall not be entitled to any credit or refund for failure to use all or any part of the Prize. Any unused portion of the Prize or Cruise shall be forfeited.
Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize or any travel related thereto. The potential Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the Prize. The Cruise Guest will be required to complete a Travel Companion Waiver. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges that Released Parties 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 the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and 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 or provisions that would cause the application of any other state’s, province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the State of New York; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by July 15, 2023, to: ASC/WEM Cunard Sweepstakes Winners List Request, 300 State St. Ste. 402, Rochester, NY 14614.
This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Instagram. Cunard Line and Carnival plc are not a sponsor of the Sweepstakes and are not responsible for the administration, execution, or conduct of the Sweepstakes or the selection of the winner(s).