NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SWEEPSTAKES DESCRIPTION: The “Godiva Chocolatier Holiday Sweepstakes” (the “Sweepstakes”) begins on Monday, October 5, 2015 at 12:00:01 am Eastern Time (“ET”) and ends on Monday, December 21, 2015 at 11:59:59 pm ET (the “Sweepstakes Period”). By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the judges, which shall be final and binding in all respects. Godiva Chocolatier, Inc., 333 West 34th Street, New York, NY 10001 is the sponsor (“Sponsor”) of this Sweepstakes. The administrator of this Sweepstakes is Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130A, Orlando, FL 32801 (“Administrator”).
2. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents residing in the fifty (50) United States or the District of Columbia who are physically located and residing therein and who are at least twenty-one (21) years of age at the time of entry. Officers, directors, and employees of Sponsor and Administrator (collectively, the “Sweepstakes Entities”) and each of their respective parent, subsidiary and affiliated companies and each of their Immediate Family Members and/or Household Members are ineligible to enter the Sweepstakes or win a prize. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three (3) months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void in Puerto Rico, U.S. territories and where otherwise prohibited by law.
3. HOW TO PARTICIPATE:
Purchase Entry: Eligible entrants will earn one (1) entry automatically by making a single purchase of at least $1,500 in GODIVA net sales (Merchandise sales less discounts & tax) during the Sweepstakes Period. Orders must be placed via phone at 1-877-267-7847, at www.GODIVA.com, at any participating GODIVA Retail location within the United States or fax/email via normal sales procedures. All orders must be shipped by December 31, 2015 to qualify. The qualifying amount must be met in a single order and must be completed during the Sweepstakes Period.
Mail-In Entry: To enter via mail without making a qualifying purchase, hand print in ink on a piece of paper the following information: First Name, Last Name, Full Street Address (no PO boxes), Email Address and Daytime Phone Number. Place your entry in an envelope and mail with first class postage affixed to: “Godiva’s Holiday Sweepstakes”, 333 West 34th Street, New York, NY 10001. Limit one (1) entry per outer envelope. Sweepstakes Entities assume no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Mail-In Entries may ONLY be postmarked on dates during the Sweepstakes Period and must be received by January 2, 2016. No mechanically reproduced entries permitted. Illegible/incomplete entries are void.
Limit one (1) entry per person, regardless of the method of entry.
4. PRIZE WINNER SELECTION, ANNOUNCEMENT AND NOTIFICATION: Five (5) potential Grand Prize winners and ten (10) potential First Prize winners will be randomly selected on or about January 6, 2016 from among all eligible entries received. The potential winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize notification is returned as unclaimed or undeliverable, such potential winner may forfeit prize and an alternate winner may be selected. If a potential winner is found to be ineligible for any reason at Sponsor’s sole discretion or if he or she has not complied with these Official Rules or declines a prize for any reason, such potential winner will be disqualified and an alternate winner may be selected. Any potential prize winner may be required to execute and have notarized an Affidavit of Eligibility, a Liability Release & Prize Acknowledgement and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). Failure to sign and return all Prize Claim Documents within ten (10) days of prize notification (or such shorter time if exigencies so require), may result in the potential winner being disqualified, and an alternate winner may be selected. The prize is not exchangeable for cash or transferable. Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
5. Five (5) Grand Prizes: Each Grand Prize consists of a six (6) day / five (5) night trip (the “Trip”) for the winner and one (1) travel companion (“Guest”) to winner’s choice of Brussels, Belgium or Paris, France. Each Trip consists of: A.) one (1) consecutive five (5) night stay at a hotel to be selected by Sponsor (one standard room, double occupancy); B.) Roundtrip air travel for the winner and Guest from a major metropolitan airport in the U.S. near winner’s residence (connecting through a NYC area international airport) to a major international airport in selected Trip destination. Roundtrip ticket for International travel from a NYC area international airport will be business class and Domestic US travel from the winner’s residence to the NYC area airport will be economy class (both departure and arrival airports shall be determined by Sponsor in its sole discretion); and C.) Round-trip ground transportation between Airport and Hotel in selected destination at Sponsor’s sole discretion D) $2,000 in spending money. Approximate Retail Value (“ARV”) of each Grand Prize: $12,000 Actual value of Trip will depend on the point of departure, any airfare fluctuations and seasonal pricing; any difference between the ARV and the actual cost of the trip will not be awarded. Any Guest who is a minor under the laws of his/her state of primary residence must be accompanied by parent or legal guardian on trip. Guest (or parent/legal guardian if such Guest is a minor) will be required to sign and return a travel companion eligibility/liability/publicity release and, unless prohibited by law, a publicity and media release prior to ticketing of the Grand Prize. Prize winner and Guest must travel together on the same itinerary for the Trip and must possess all required travel documents, including a valid passport. A copy of the winner’s and his/her Guest’s passport may be required prior to ticketing of Grand Prize travel. A valid credit card will be required at hotel check-in to cover any incidental expenses. Trip must be completed by December 31, 2016. Certain restrictions and blackout dates may apply. Winners must book Trip through Sponsor’s representative a minimum of thirty (30) days prior to intended travel date. Airline carrier for Trip to be selected by Sponsor in its sole discretion. Airline carrier’s regulations and conditions apply. Trip cannot be used in conjunction with any other promotion or offer. Trip elements may not be separated. Once Trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sweepstakes Entities’ sole discretion. Sweepstakes Entities will not replace any lost or stolen tickets or travel vouchers. Prize winner is solely responsible for all unspecified incidentals, including, but not limited to, additional transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included.
Ten (10) First Prizes: Each First Prize consists of one (1) year of chocolate awarded as twelve (12) monthly shipments of chocolate delivered to each First Prize winner. The ARV of each First Prize: $600.
For tax reporting purposes, each prize winner must provide Administrator with a valid social security number before the prize will be awarded. An IRS Form 1099 will be issued in the name of each prize winner for the actual value of the prize fulfilled. No substitution, transfer or cash equivalent for a prize (or prize component), except that Sweepstakes Entities, at their sole discretion, may substitute a prize (or prize component) with one of equal value due to prize unavailability. Any depictions of prizes are for illustrative purposes only. Prizes are non-transferable and cannot be substituted, sold or bartered.
6. ODDS OF WINNING: The odds of winning a prize depend on the total number of eligible entries received.
7. PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants which may have been given pursuant to any other agreement entered into between Sponsor and any entrant or winner of the Sweepstakes, each winner irrevocably grants the Sponsor and its designees and their respective successors, assigns and licensees, the right to use such winner’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Sponsor’s websites or other Sweepstakes, and hereby releases the Sweepstakes Entities from any liability with respect thereto, unless prohibited by law.
8. INDEMNITY: Entrants shall indemnify, defend and hold harmless the Sweepstakes Entities and each of their respective parents, subsidiaries, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, and agents (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) entrant’s participation in the Sweepstakes, (ii) a breach or allegation which if true would constitute a breach of any of entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any prize, including, without limitation, personal injury, death and property damage arising there from.
9. GENERAL TERMS AND CONDITIONS: By participating, each entrant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sweepstakes Entities that may cause the Sweepstakes to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Sweepstakes; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Sweepstakes; (vi) acceptance, possession, use or misuse of any prize, including, without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. By participating in the Sweepstakes, entrants agree: (i) to be bound by these complete Official Rules and the decisions of the Sweepstakes judges which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
Sponsor reserves the right, in its sole discretion, to suspend or cancel the Sweepstakes at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor . In such circumstances, Sponsor will (if possible) select the winners from all eligible entries received which are unaffected by the problem as of the time of termination. Sponsor reserves the right, at its sole discretion, to prohibit anyone from participating in the Sweepstakes or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Sweepstakes; to be attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or any other unfair playing practices; to be acting in violation of these Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. SWEEPSTAKES ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS SWEEPSTAKES.
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.
BY ENTERING THE SWEEPSTAKES, AGENTS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY U.S. DOLLARS (US $250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY AGENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND AGENT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO THE AGENTS.
10. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes, or the rights and obligations of Agents and the Sweepstakes Entities 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 (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. In the event of a claim or dispute, Agents’ sole remedy shall be limited to their remedy at law for damages, if any, and Agents shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Sponsor’s websites, the Sweepstakes, and/or any intellectual property owned or licensed by the Sweepstakes Entities or their respective parent companies and affiliated entities. Any disputes shall be heard in the state or federal courts located in New York City; by entering, you agree to the jurisdiction of such courts and waive any objection thereto.
12. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, a request must be sent, along with a stamped, self-addressed envelope to “Godiva’s Holiday Sweepstakes,” 333 West 34th Street, New York, NY 10001. Requests for the name of the winner must be received no later than February 20, 2016. Vermont residents may omit return postage.
ONLINE ABBREVIATED RULES:
NO PURCHASE NECESSARY TO ENTER OR WIN. Sweepstakes begins 10/5/15 at 12:00:01 pm ET and ends on 12/21/15 at 11:59:59 pm ET. Open only to legal U.S. residents residing in the 50 U.S. and D.C. who are 21+ at the time of entry. Odds of winning depend on number of entries. Void where prohibited. See complete Official Rules available at Godiva.com for additional eligibility restrictions, prize descriptions/restrictions/ARVs and complete details. Sponsor: Godiva Chocolatier, Inc., 333 West 34th Street, New York, NY 10001.