Official Rules
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT ENHANCE CHANCE OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (WHO ARE 21 YEARS OF AGE OR OLDER EXCEPT WHERE EXCLUDED AS DESCRIBED IN THESE RULES. VOID WHERE PROHIBITED.
BY ENTERING THIS PROMOTION, I ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THESE OFFICIAL RULES AND AGREE TO BE BOUND BY THEM. I CONFIRM THAT I AM AT LEAST 21 YEARS OF AGE AS OF THE PROMOTION START DATE AND A LEGAL RESIDENT OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA. BY ENTERING THIS PROMOTION, I AGREE TO SIGN UP AND RECEIVE NEWSLETTERS AND SPECIAL OFFERS FROM WINNI, LLC, PARK WEST GALLERIES, INC. D/B/A PARK WEST GALLERY, CRUISE COMPETE, LLC, MH SUB I, LLC D/B/A FODOR’S TRAVEL, TRAVEL CURATOR, LLC, FROMMER MEDIA, LLC, D/B/A FROMMER’S, AFAR LLC, THE INDEPENDENT TRAVELER, INC. D/B/A CRUISE CRITIC (“PROMOTION PARTNERS”) AND I UNDERSTAND THAT INFORMATION I PROVIDE WILL BE SHARED AMONG THESE PROMOTION PARTNERS. I UNDERSTAND I MAY OPT OUT OF RECEIVING COMMUNICATIONS AND OTHER OFFERS, AND THAT IT WILL NOT IMPACT MY CHANCE OF WINNING. I ALSO UNDERSTAND THAT I MAY ENTER USING AN ALTERNATIVE, MAIL-IN METHOD OF ENTRY, WHICH WILL NOT IMPACT MY CHANCE OF WINNING. I ACKNOWLEDGE NO PURCHASE IS NECESSARY AND A PURCHASE WILL NOT INCREASE MY CHANCES OF WINNING.
1. PROMOTION PERIOD. The Art of Cruising in Style Giveaway (“Promotion” or “Sweepstakes”) begins at 12:00 a.m. Eastern Time on June 20, 2024 and ends at 11:59 p.m. Eastern Time on July 21, 2024 (the “Promotion Period”). Entries may be submitted anytime during the Promotion Period in accordance with these Official Rules.
2. SPONSOR AND HOST. Promotion Sponsor is Park West Galleries, Inc., (d/b/a Park West Gallery (“Sponsor”) and Host is Winni, LLC, 15 N. Southwood Drive, Nashua, NH 03063 (“Host”). Promotion participants also include Cruise Compete, LLC, MH Sub I, LLC d/b/a Fodor’s Travel, Travel Curator, LLC, Frommer’s Media, LLC d/b/a Frommer’s, AFAR LLC, and The Independent Traveler, Inc. d/b/a Cruise Critic (collectively with Sponsor and Host, “Promotion Partners”).
3. HOW TO ENTER. At the beginning of the Promotion Period, you may enter the Promotion by visiting the Promotion site by clicking here (the “Promotion Site”), checking the box to agree to Official Rules and the receipt of email communications and marketing offers as described in the acknowledgment below the checkbox, and completing the Giveaway entry form. There is a limit of one (1) entry per person/email address. The use of any robotic, repetitive, automatic, programmed, or other similar entry methods or agents (including but not limited to any sweepstakes or promotion entry services) to enter (“Automated Entry”) is strictly prohibited. Host reserves the right to disqualify any it deems an Automated Entry in its sole discretion. All electronic entries must be sent during, and received prior to the end of, the Promotion Period to be eligible. Alternatively, you may enter by mail by sending, on a plain 3” by 5” index card, legibly hand-printed or typed, an entry with your first name, last name, complete mailing address, telephone number with area code, and email address (if any, and if you wish to provide it), to “The Art of Cruising in Style Giveaway” c/o Winni, LLC at 15 N. Southwood Drive, Nashua, NH 03063. Mailed entries must be mailed with sufficient postage and postmarked during, and received no later than, three (3) days after the end of the Promotion Period and will be entered into the drawings after receipt. Maximum of (1) one entry per individual entrant. Entrants with multiple entries will be disqualified. In the event of a dispute related to an online entry, the authorized account holder of the email address used to enter will be deemed the entrant and must comply with these Official Rules.
4. AGREEMENT TO OFFICIAL RULES. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these “Official Rules” and Host’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth in these Official Rules.
5. ELIGIBILITY. The Promotion is open solely to legal residents of the fifty (50) United States and the District of Columbia who are at least 21 years of age at the time of entry. Employees, officers and directors of the Promotion Partners and their respective parent companies, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, representatives, and their immediate families (parents, children, siblings or spouses) or members of the same household (whether related or not) are not eligible to enter.
6. WINNER SELECTION. One (1) prospective Winner will be selected in a random drawing on or about July 25, 2024 (“Prospective Winner”), and he or she must meet all eligibility and prize fulfillment requirements set forth in these Official Rules to be deemed as the winner and eligible to receive the prize (“Winner”).
7. WINNER NOTIFICATION. The Prospective Winner will be notified by email (or using information provided on mailed entry) on or about July 25, 2015. For purposes of these Official Rules, the date the notification is transmitted is the “Notification Date” and not the date the notification is received. If the Prospective Winner does not respond to requests for confirmation or verification of information within seven (7) days of the Notification Date, Prospective Winner forfeits award of the prize(s). In the event of prize forfeiture, or if an entrant is deemed ineligible for any reason as set forth below, an alternate prospective winner may be selected from the entry pool, time permitting if time restrictions (i.e. travel related) apply to the prize. A maximum of one alternate may be selected in the discretion of Host unless in its discretion Host elects to select a further alternate (if alternate does not redeem or otherwise forfeits prize). In such an event, the decision to award to a further alternate is in the sole discretion of Host based, in whole or in part, on time considerations before travel details should be finalized. Prior to prize fulfillment, Winner may be required to sign and return, where applicable, an affidavit of eligibility, a liability release and where legally permissible a publicity release. Winner also will be required to provide his/her tax payer ID number or social security number or W9 for tax purposes where, as here, the prize value requires it (prizes with an ARV over $600 will be reported on a US 1099 form). The drawing will be conducted via a randomized program, and Host’s decisions on all matters related to the Promotion shall be final and binding in all respects. At the discretion of Host, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (a) Winner’s failure to respond to winner notification within seven (7) days of Notification Date; (b) the return of a notification as undeliverable after one (1) attempt; (c) Winner’s failure to timely provide Host with satisfactory proof of age, identity and residency within seven (7) days of initial winner notification; (d) Winner’s failure to execute and return an affidavit of Eligibility/Liability/Publicity Release or requested tax information or W9 within seven (7) days of its transmission; or (e) any other non-compliance with these Official Rules. To collect prize(s), Winner will be contacted directly by Host and Sponsor for instructions. Additionally, Winner (and Winner’s guest, upon request) must return release and Authorization form and any other forms required for travel within three (3) days of transmission. Failure to return required documentation results in disqualification and forfeiture of the prize components and full release of Host, Sponsor, and any other Promotion Partners’ responsibility to provide the Prize.
8. PRIZE. The prize is a seven (7) night cruise for two in a balcony stateroom on a Celebrity cruise of Winner’s choice subject to the following: selected cruise must be a North American itinerary offered by Celebrity Cruises (Alaska, Bahamas, Bermuda, Caribbean, Mexico, New England/Canada, or Pacific Coast) with total maximum value not to exceed $5,000; Winner must book the cruise within 90 days of Winner Notification Date (as defined below) and the cruise departure date must be within twelve (12) months of Winner Notification Date (“Prize”). Winner’s guest must travel on same itinerary, in the same stateroom and at the same time as Winner. Prize value will depend upon Winner’s selected date and itinerary and has a total approximate retail value (ARV) of up to $5,000. If Winner selects a cruise that exceeds the cost $5,000, Winner must pay the difference between the cruise ticket price(s) and $5,000. Cruise fare taxes and fees listed as included by Celebrity Cruises terms and conditions will be included in Prize unless in excess of the $5,000 maximum Prize value. All other trip-related expenses, including but not limited to hotels, airfare, additional transportation, onboard incidentals, land programs, any upgrades, or any other additional expenses not set forth herein, are solely the responsibility of the Winner. Any available add ons or upgrades may be purchased at an additional cost and will be subject to the cruise line or other travel provider’s cancellation policy. Winner and Winner’s guest must both be 21 years of age at the time of sailing. Only one winner may win the Promotion. Prize is not assignable and shall not be substituted for any other cruise or sailing date outside of the prize description or any other prize. Winner will not receive the value of any difference between the approximate retail value and actual retail value of the Prize. Winner and Winner’s guest are subject to all cruise line guest terms and conditions. Prize will not be replaced if lost or stolen, or not redeemed, and is not redeemable for cash, unless required by law. Actual value of Prize may depend on market demand fluctuations and promotional offers. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Promotion Partners are not responsible for changes in schedule of any element of the Prize or for any expenses incurred as a consequence of cruise cancellation or delay. Promotion Partners are not responsible and shall have no liability if either or both the Winner and Winner’s guest is for any reason not permitted to travel by the cruise or government authorities or misses a cruise or other travel element. All expenses not specifically mentioned herein are not included as part of the Prize and are solely the Winner’s responsibility. Sponsor and Promotion Partners shall not be responsible for any prize that is not redeemed or forfeited. Additional expenses related to the acceptance and use of the Prize are solely the responsibility of Winner. Winner and Winner’s guest are solely responsible for their own conduct while utilizing the Prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the Prize.
9. ODDS OF WINNING. Odds of winning depend on number of entries received.
10. FUTURE OFFERS. By entering this Promotion electronically, entrants agree to receive emails, special offers and electronic newsletters from, or on behalf of, each Promotion Partner for online direct marketing purposes, including but not limited to emails and future offers and promotions from Promotion Partners and brands listed above. Entrants’ personally identifying information, including but not limited to contact and entry information, will be shared among Promotion Partners and collected by the website hosting platform identified in these Official Rules. Prior to the close of the Promotion Period, entrants may opt out of receipt of emails and other offers by contacting each Promotion Partner and asking to unsubscribe from their respective mailing lists. After the close of the Promotion Period, entrants may opt out of any of these mailing lists by following the unsubscribe process provided by each Promotion Partner or brand. Opting out will not decrease your chance of winning in the Promotion. Entrants using the alternative method of entry will not receive emails or other electronic offers unless he or she provides an email address for that purpose. Opt out provisions above apply. In connection with the Promotion entry process, the website hosting platform (Innovative Bands Corp. d/b/a DojoMojo) and Promotion Partners and brands may collect and use personal data about entrants on the Website in accordance with their privacy policies. Please consult DojoMojo’s and each Promotion Partner’s privacy policy for full disclosure, which can be accessed at https://www.winni.com/privacy-policy; https://www.dojomojo.com/home/privacy; https://www.parkwestgallery.com/privacy-shield/; https://www.cruisecompete.com/privacypolicy.php; https://www.internetbrands.com/privacy/privacy-main.html; https://travelcurator.com/privacy-policy/; https://www.frommers.com/about/about_privacy; https://www.afar.com/about/privacy-policy; https://www.cruisecritic.com/about-us/privacy-policy/. By participating in the Promotion, you hereby agree to the collection and usage of your personal information and acknowledge that you have read and accepted the corresponding privacy policies.
11. GENERAL CONDITIONS. The agreement covered by these Official Rules is governed by the State of New Hampshire. Any federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of Winner with the exception of any taxes specifically listed by the cruise line as included with the cruise ticket, if applicable. Prizes not redeemable for cash, unless required by law, or transferable. No substitutions. By entering the Promotion, each entrant warrants that he/she has read and agrees to abide by all of these Official Rules.
12. PERMISSION TO PUBLISH. Except where prohibited, entrants grant Promotion Partners permission to publish his/her name, town/city and state of residency on their websites or promotional materials in the event of winning. Entrants also grant permission to release full names on a Winner’s list to individuals requesting a mailed copy of same or as required by any state registration authority.
13. LIMITATION OF LIABILITY. Promotion Partners and their respective successors, assigns, affiliates, subsidiaries, parent companies, members, advertising and promotion agencies, and each of their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the entry website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering this Promotion, you agree to release, discharge, indemnify and hold harmless the Released Parties, their assigns, their respective representatives and agents, their marketing, advertising and promotion agencies, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the Winner's entry and acceptance of the prize constitutes permission for each Promotion Partner and its assigns to use said Winner's names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” Promotion Partners make no representations or warranties, express or implied, with respect to the Prize awarded.
14. DISPUTES/GOVERNING LAW. In the event of any claim or dispute, entrants submit to the exclusive jurisdiction and venue of the Courts of the State of New Hampshire and application of New Hampshire law without regard to choice of laws. Without limiting the foregoing, by entering, each entrant agrees that (a) disputes, claims and causes of action arising out of or connected with the Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event will attorney’s fees be awarded or recoverable. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
15. SEVERABILITY. If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions will not be affected or impaired, provided, however, that the parties use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
16. IMPORTANT NOTICE. You may be charged for visiting the mobile Website in accordance with the terms of your service agreement with your carrier. Please contact your wireless service provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill.
17. COPY OF OFFICIAL RULES AND WINNER’S LIST. To obtain a copy of these Official Rules or a list of prize Winner(s), send a self-addressed, stamped envelope to “The Art of Cruising in Style Giveaway,” c/o Winni, 15 N Southwood Drive, Nashua, NH 03063. You must specify what you are requesting. Vermont residents may omit the return postage requirement.
18. RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason this Promotion is not capable of running as planned, due to technical failures, or any other causes beyond the exclusive control of Host, or that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Host reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion, or to disqualify any individual(s) who tamper(s) with the entry process.
19. ASSIGNMENT. Promotion Partners may assign their rights under these Official Rules.
20. INDEPENDENT PROMOTION PARTNERS. The Promotion Partners are independent of one another and nothing herein shall constitute (or be deemed to constitute in law or in equity) a partnership, agency, fiduciary, employment, or joint venture relationship between the Promotion Partners. The Promotion Partners are not, and will not be deemed to be, the legal representative or agent of any other, nor shall any of the Promotion Partners have the right or authority to assume, create, or incur any third-party liability or obligation of any kind, express or implied, against or in the name of or on behalf of another. In addition, none of the Promotion Partners shall be deemed to be a member of a partnership with the other for tax or any other purpose other than as set forth herein.
21. PROMOTION PLATFORM. The Promotion hosting platform is DoJoMojo https://www.dojomojo.com/.
22. THIRD PARTY PLATFORMS. This Promotion may be promoted on certain third-party platforms (e.g. Facebook, Twitter, Instagram)(“Third Party Platforms”). By participating in this Promotion, entrants hereby release and agree to comply with the rules and policies set forth by such Third Party Platforms and hold harmless such Third Party Platforms from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Promotion is not sponsored, endorsed or operated with any Third Party Platforms.