NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Fromage from Europe Tour Sweepstakes (the “Promotion”) is sponsored by Sopexa USA (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Fromage from Europe Tour Sweepstakes Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19).
The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, the United States and the District of Columbia, who are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, SCA Promotions, Inc. (“Administrator”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: Sopexa USA, Fromage from Europe Tour Sweepstakes, Sopexa USA, 250 Hudson St., Suite 703, New York, NY 10013. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on October 15, 2022, and ends at 11:59:59 p.m. EST on December 31, 2022. Entries must be received prior to the expiration of the Promotion Period to be eligible for a Prize.
HOW TO ENTER:
(a) Website Entries. Prospective entrants wishing to enter the Promotion may go to the Promotion website located here (the “Site”) and complete the Promotion entry form located therein. In order to complete the Promotion entry form on the Site, each entrant must include her/his: (i) full name; (ii) full mailing address; (iii) e-mail address; (iv) mobile telephone number; (v) date of birth; and (vi) any other information requested on the Promotion entry form (collectively, “Site Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (C) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to receive a Prize. Upon successful completion of the Promotion entry process, each individual shall receive one (1) entry in the Promotion (each, an “Entry”). You may submit one Entry from 12:00:00 a.m. EST to 11:59:59 p.m. EST each calendar day during the Promotion Period (each, a "Promotion Day").
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 p.m. EST on December 31, 2022.
HOW TO WIN A PRIZE:
Within thirty (30) days of the end of the Promotion Period, the Administrator will randomly select two (2) entries from the Promotion Database as the potential Prize winners (“Winner Selection”). The potential Prize winners will be notified via mail within ten (10) days after Winner Selection.
PRIZE WINNER VERIFICATION AND ELIGIBILITY:
The potential Prize winners shall be subject to eligibility verification. Each potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within five (5) days following attempted notification. In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the Prize, with an alternative potential Prize winner selected. The return of the Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. The winning Entry, as well as the associated information of the potential Prize winners, must identically match the records maintained by Sponsor and Administrator in order for the Prizes to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
(a) Prizes. Each Prize winner will receive a trip to Paris, France, consisting of the following: (i) coach class airfare for each Prize winner and one (1) guest from the major U.S. airport nearest the Prize winner’s residence within the United States, to Paris, France; (ii) hotel accommodations for each Prize winner and one (1) guest (one (1) room, double occupancy) for three (3) nights in Paris, France; (iii) transportation to and from the airport to the hotel in Paris, France; (iv) a combined allowance of One Hundred and Five Euros (€105.00) per diem for food while in France; and (v) pre-arranged visits to various cheese stores in France, for the Prize winner and one (1) guest (collectively, the “Prize”).
(b) Prize Terms and Conditions. The approximate ARV of each Prize is Nine Thousand two Hundred and Fifty Dollars ($9,250.00); provided, that, the ARV may vary due to fluctuations in the price of airline tickets. The Prize winners will not receive the difference between the actual Prize value and the ARV. The specifics of all aforementioned elements of the Prizes shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply. Without limiting the foregoing, Sponsor will determine (and, where applicable, book) travel dates, airline, flight itinerary and hotel accommodations in its sole and exclusive discretion. The Prize winners and travel companions must travel the same itinerary on the dates and/or times specified by Sponsor, or the Prizes will be forfeited in their entirety. Travel must be round trip and must occur between January 1, 2023, and May 31, 2023, unless otherwise indicated by Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Contest Rules, as well as those established by the applicable airline carrier of choice as detailed in the passenger ticket contract. If a potential Prize winner is unable to utilize the Prize travel and/or accommodations during the applicable time period, that potential Prize winner shall forfeit the Prize in its entirety and an alternate winner may be selected, in Sponsor’s sole discretion. Additional activities and features may be made available to the Prize winners and guests for additional fees. Incidentals, tips, telephone calls and any other personal expenses incurred during the trips are the responsibility of the Prize winners and guests, as applicable. The Prize winners and travel companions are solely responsible for obtaining any identification documents necessary for international travel. The travel companions selected by the Prize winners must be at least eighteen (18) years of age or older. If a Prize winner’s travel companion fails to return such documents by the date and/or time indicated within such documents, then that Prize winner may forfeit the right to bring that travel companion. The Prize winner and the Prize winner’s guest may each be required to provide some or all of the following in connection with the airline travel and hotel accommodations associated with the Prize: (i) sworn attestations that neither party has COVID-19 (as that term is understood by the Centers for Disease Control and Prevention ("CDC”)), or COVID-19-like symptoms, at that time; (ii) current negative COVID-19 test results, upon request; and (iii) satisfactory proof of full vaccination for COVID-19 (including at least two (2) doses of a reputable vaccine recognized by the CDC, as well as one (1) or more booster shot for the same vaccine, if eligible).
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period but can be calculated by dividing the number of Prizes by the total number of Entries received.
To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: Sopexa USA, Fromage from Europe Tour Sweepstakes, Sopexa USA, 250 Hudson St., Suite 703, New York, NY 10013.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate. Sponsor will issue a form 1099-MISC for the Prize winners in the amount of the Prizes.
NO SUBSTITUTION OF WINNER:
The Prizes are non-transferable, and no substitution or transfer of a Prize will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prizes, or any portion thereof, for a substitute of equal or greater value for any reason.
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prizes, and all associated travel) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.
The Administrator is not involved in marketing the Promotion. The Administrator is not the sponsor of the Promotion, and the Administrator will not respond to any inquiries. The Administrator is solely responsible for the selection of the potential Prize winners.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Contest Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Contest Rules. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
FORCE MAJEURE EVENTS: The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any similar virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor.
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.