THE LINDT SWISS HOLIDAY ESCAPE SWEEPSTAKES
In Stores Only
THE LINDT SWISS HOLIDAY ESCAPE SWEEPSTAKES
Official Sweepstakes Rules (the "Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Lindt Swiss Holiday Escape Sweepstakes (the "Sweepstakes") is sponsored by Lindt & Sprüngli (USA) Inc., One Fine Chocolate Place, Stratham, New Hampshire 03885 ("Lindt" or the "Sponsor"). Participation in this Sweepstakes constitutes entrant's full and unconditional agreement to these Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
1. ELIGIBILITY: This Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry with a valid passport and who did not purchase any equipment for purposes of entering the Sweepstakes. Employees of Lindt & Sprüngli (USA) Inc., and its parent and affiliated companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii, and where prohibited.
2. HOW TO ENTER: The Sweepstakes starts on November 1, 2017 at 11:00 a.m. Eastern Standard Time ("EST") and ends on December 3, 2017 at 5:00 p.m. EST (the "Sweepstakes Period"). Sponsor's computer is the official time keeping device for this Sweepstakes.
There are two ways to enter the Sweepstakes: (a) in-store and (b) mail-in. The choice of entry method will not affect an entrant's chances of winning. Entries sent through Sponsor's websites, including http://www.lindtusa.com (Contact Us), or via email are not valid.
(a) Enter in Lindt Chocolate Retail Stores: During the Sweepstakes Period, during regular business hours, visit a participating Lindt Chocolate retail store ("Store") and complete and submit an entry registration card, while supplies last, to receive (1) entry into the Sweepstakes. The entry registration card will require entrants to print their full name, address (P.O. boxes not accepted), city, state, zip code, day and evening phone numbers, email address, and date of birth, and to agree to the terms and conditions of these Rules. Incomplete or illegible entry cards will be rejected in Sponsor's sole discretion. The entries eligible for the drawing will be those completed entries received by the manager of the participating Store during the Sweepstakes Period.
(b) Mail-In Entry: To enter the Sweepstakes without visiting a Store, hand print the following information on a 3" x 5" piece of paper: the words "Lindt Swiss Holiday Escape Sweepstakes", your full name, address (P.O. boxes not accepted), city, state, zip code, day and evening phone numbers, email address, date of birth, and the statement, "I agree to the terms and conditions of the Official Rules", and mail it in an envelope with proper postage to "Swiss Holiday Escape Sweepstakes," Lindt & Sprüngli (USA) Inc., One Fine Chocolate Place, Stratham, NH 03885. You will receive one (1) entry into the Sweepstakes. Limit: One (1) entry per envelope. All mail-in entries must be handwritten and must be post-marked by December 3, 2017, and received by December 8, 2017 at 5p.m. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
Limit one (1) entry per person per day regardless of method of entry during the Sweepstakes Period. Any attempt by any entrant to obtain more than one (1) entry per day during the Sweepstakes Period by using multiple/different identities, multiple methods of entry, or any other methods resulting in any entrant submitting more than 1 entry per day by any means will void that entry and entrant may be disqualified.
The Sponsor will not be responsible for late, lost, misdirected, stolen, ineligible, garbled, destroyed delayed or postage-due entries. Proof of submitting an entry is not proof of receipt.
3. DESCRIPTION OF PRIZE/DRAWING DATE/APPROXIMATE RETAIL VALUE ("ARV"): There is one (1) Prize consisting of: a TRIP FOR TWO TO SWITZERLAND; an authentic Swiss dining experience; a Lindt chocolate gift basket or gift card; and attendance at a chocolate making class (subject to availability) (the "Prize"). The travel portion of the Prize includes round trip economy class airfare for winner and one travel companion from the major U.S. commercial airport closest to the winner's residence (determined by Sponsor in its sole discretion) to Zurich, Switzerland and standard hotel accommodations for 4 nights (based on double occupancy). TRAVEL MUST BE BOOKED AT LEAST 21 DAYS PRIOR TO DEPARTURE DATE, AND TRIP MUST BE COMPLETED WITHIN 6 MONTHS OF DRAWING DATE. ARV of airline travel and hotel accommodations based on departure from Chicago Midway Airport is: $5,100 USD. While in Switzerland, winner and his/her guest will have the opportunity to enjoy dinner one evening at a restaurant serving traditional Swiss cuisine, restaurant to be selected by Sponsor in its sole discretion (ARV: $200 USD). Verified Prize winner will also receive either a gift basket consisting of assorted Lindt chocolate products, or a Lindt gift card (as determined in Sponsor's sole discretion) redeemable at a Lindt Chocolate Shop in Kilchberg, Switzerland (ARV: $200 USD). Subject to availability at time of booking, winner and his/her guest may participate in a chocolate making class at the Lindt Chocolateria in Kilchberg, Switzerland (ARV: $150 USD). Total ARV of the Prize is $5,650 USD. ARV is subject to change based on current market conditions at time of prize fulfillment and time of travel. Any difference between the ARV and actual value, if any, will not be awarded. Any prize details not specified above will be determined by Sponsor in its sole discretion.
Sponsor will conduct a random electronic drawing held on or about December 19, 2017 by random selection from among all eligible Sweepstakes entries received during the Sweepstakes Period.
4. ODDS OF WINNING: The odds of winning the Prize depend on the total number of eligible entries received during the Sweepstakes Period.
5. GENERAL PRIZE INFORMATION: Winner and his/her travel companion shall assume full responsibility for any expense not specifically mentioned in these Rules as being included in the Prize, including, as applicable, the following: travel to and from airports, ground transportation, personal expenses incurred at the hotel, security fees, gratuities, room service, Internet access, incidentals, meals and beverages, taxes and fees on Prize and other costs incurred claiming or using the Prize, insurance (including for medical fees, accidents or lost luggage) and any other personal expenses.
Winner and his/her travel companion must have the identical travel itinerary and the winner's travel companion must be the same person for the duration of the trip. Travel must be round trip. All travel arrangements must be made through Lindt and the travel arrangements are at Lindt's sole discretion. Winner must travel within the time period specified by Sponsor in its sole discretion or prize will be forfeited. Once the tickets are issued, the names of the travelers cannot be changed. Travel and accommodations are subject to availability, blackout dates, the terms and conditions of these Rules, and those set forth by the airline carrier as detailed in the passenger ticket contract.
Unless a child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on the same itinerary at the same time as the winner. If winner is a minor in his/her place of residence, travel companion must be winner's parent/legal guardian. Travel companion(s) must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply.
Sponsor is not responsible for, and no refund or compensation will be made in the event of the cancellation or delay of any flight, in which event that portion of the Prize may be forfeited in its entirety and no substitution provided except as in Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
The Prize will be forfeited if: (a) winner does not secure proper travel documentation or other requirements (i.e. visas, passports, vaccinations, etc.) within the time limits set by Sponsor for travel; (b) winner cannot or does not wish to travel during the specified period; (c) winner does not have the right, at the time he/she is selected or at the time of the trip, to return to the United States upon departing; or (d) any immigration problem whatsoever arises preventing the winner or guest from entering Switzerland. In such case, the winner or guest barred from destination will be held solely responsible for arranging and paying for any required return transportation. In Sponsor's sole discretion, a forfeited prize may be allocated to another eligible entrant.
The Prize must be accepted as awarded, and cannot be transferred, assigned or exchanged for cash. The Sponsor reserves the right to substitute all or any part of the Prize for a prize of equal or greater value, at its sole discretion. Should the Prize (or any part or aspect of the Prize), including but not limited to the chocolate making class, be postponed or unavailable for any reason, the balance of the Prize will be awarded in full satisfaction of the Prize, and the Sponsor shall not be required to replace the unavailable or postponed component, except in its sole discretion. Any unused portion of the Prize is forfeited and has no cash value.
6. WINNER VERIFICATION: Receiving a prize is contingent upon full and unconditional compliance with these Rules. The potential Sweepstakes winner will be notified by email or phone. Potential winner must respond within forty-eight (48) hours of notification or attempted notification by Sponsor, or potential winner forfeits his/her Prize. The potential winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign, return, and have notarized, a Declaration of Compliance, Liability and Publicity Release and IRS Form W-9 (required for reporting prizes valued over $600) ("Release Documents"), which must be received by Sponsor, within seven (7) days of the date notice or attempted notice is sent, in order to claim the Prize. If a potential winner cannot be contacted within the forty-eight hour period, fails to sign and return the Release Documents within the specified timeframe, is not in compliance with these Rules, fails or refuses to accept the Prize as described herein, prize is returned as undeliverable, or entrant or entry is disqualified, potential winner forfeits the Prize. In the event that a potential winner of the Prize is disqualified for any reason, Sponsor will attempt to award the Prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the Prize will remain unawarded.
A Travel Companion Release Form must be signed and notarized by the Prize winner's travel companion. In the event a travel companion is a minor, the parent and/or legal guardian of the minor must also sign the form. All releases and any other documents relating to the Prize must be returned and received by the Sponsor within the specified time periods.
Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered emails, including without limitation emails that are not received because of a winner's privacy or spam filter settings which may divert any Sweepstakes related email, including any winner notification email or prize email to a spam or junk folder. Entrants should check their spam folders for any winner notification email or prize email.
7. GENERAL RULES: Sponsor reserves the right to terminate, suspend and/or modify the Sweepstakes, or any part of it, without advance notice, if any fraud or suspected fraud, technical failures, human error or intervention, or any other factor impairs the integrity, security, or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In no event will Sponsor be required to award more prizes than the number stated in these Rules or award prizes other than those described in these Rules. In the event that production, technical, seeding, programming or any other reason causes more than the stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
All entries are subject to verification by the Sponsor and the Sponsor reserves the right to cancel and revoke any entries if they are found, or suspected of being improper, fraudulent, forged, incomplete or tampered with or if the entrant is subsequently found to be ineligible pursuant to the Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
8. RELEASE: By entering this Sweepstakes, entrants agree to release and hold harmless Sponsor, its parent and affiliated companies, and each of such company's officers, directors, shareholders, employees, representatives and agents (collectively, the "Sweepstakes Group") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or useor misuse of any prize, or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
9. LIMITATION OF LIABILITY: The Sweepstakes Group makes no guarantee or representation of any kind concerning the Prize, and disclaims any express or implied warranties concerning the Prize. Sponsor is not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or deleted computer or network transmissions which may limit the ability to participate in the Sweepstakes, and is not responsible for unauthorized human intervention, typographical, technical or other errors in the offer or administration of this Sweepstakes, including but not limited to errors in advertising, the Rules, the selection and announcement of the winner or the distribution of the Prize.
10. PUBLICITY: Except where prohibited by law, entry and acceptance of Prize constitutes permission for Sponsor to use winner's name, prize won, home state, likeness, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
11. DISPUTES: Entrant agrees 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, and exclusively by the United States District Court for the District of New Hampshire, or the appropriate New Hampshire State Court in Rockingham County; entrant hereby submits to the sole and exclusive personal jurisdiction to said courts in the State of New Hampshire for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (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; and (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these 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 Hampshire without giving effect to any choice of law or conflict of law rules (whether of the State of New Hampshire or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Hampshire.
13. WINNER'S LIST: For a winner's list, available after winner confirmation is complete, visit http://www.lindtusa.com. To obtain a list of winners by mail, send a self-addressed, postage paid (except where not required by applicable law), envelope to Sponsor's address "Attn: Lindt Swiss Holiday Escape Sweepstakes Winner" - postmarked no later than January 12, 2018.