Terms and conditions Winetopia 2024

CLOUDY BAY VINEYARDS
FREE PRIZE DRAW
TERMS AND CONDITIONS

• LAST UPDATED: 04TH JUNE 2024

• NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THE DRAW, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. ALCOHOL IS NOT A PART OF THE PRIZE.


1. These terms and conditions are the rules (the “Rules”) for the Cloudy Bay Vineyards free prize draw (the “Draw”). By entering this Draw, you agree to be bound by these Rules and confirm that you satisfy all of the eligibility requirements below.

2. The Draw is organized by Cloudy Bay Vineyards (“Sponsor”) located at 230 Jacksons Road, Blenheim, New Zealand.

3. To enter the Draw you:

• Must be of legal age of drinking (over 18 years old) and a New Zealand resident;
• Agree to join our Cloudy Bay newsletter mailing list.

4. Entries may be made from 9:00 am on 7th June 2024 and must be made before 9:00 on 9th June 2024.

5. The Draw is only open to legal residents of New Zealand, over the legal drinking and purchasing age (18 years old) in New Zealand at the time first entries may be submitted in the Draw. Sponsor, Administrator, and each of its respective companies, subsidiaries, advertising and sweepstakes agencies, and any and all other companies associated with the Draw (collectively, the “Draw Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to New Zealand laws and regulations. All entries submitted are the property of the Sponsor. The Draw shall be void where prohibited or restricted by law.

6. YOU MUST BE 18 YEARS OF AGE OR OLDER TO ENTER.

7. No photocopies, facsimiles or mechanical reproductions will be accepted. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, stolen, or postage due entries or mail. Personal information collected in connection with the Draw will be used in accordance with the Sponsor’s online privacy policy.

Limit: One (1) entry per person regardless of the method of entry selected during the Entry Period. Entrants found using multiple accounts to enter this Draw will be disqualified. Multiple Entrants are not permitted to share the same online account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

By entering Entry via Entrant’s mobile device, standard data fees may apply. Entrant should consult Entrant’s wireless service provider's pricing plan for details. Entrant agrees to incur any and all charges demanded by Entrant’s wireless carrier. Entrant should also check Entrant’s device's features for capabilities and check the device manual for specific use instructions.

8. All entries submitted through the Entry Site will not be returned or acknowledged. Sponsor is not responsible for any typographical or other errors in the administration of the Draw or in the announcement of any prize. Should a dispute arise regarding the identity of the Entrant, the authorized account subscriber of said email account at the time of entry will be considered the Entrant. “Authorized account subscriber” as it relates to email is defined as the natural person who is assigned the account by the email provider. Potential winner may be required to show proof of being the authorized email account holder. Sponsor is not responsible for lost, late, damaged or misdirected entries.


9. Directors, officers and employees of Cloudy Bay Vineyards, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies are not eligible to enter and to win any prizes.

10. By entering the Draw, the entrants are responsible for the information they submit and warrant that this information is true, correct and complete. Cloudy Bay Vineyards reserves the right to verify eligibility of entrants.

11. Cloudy Bay Vineyards also reserves the right to disqualify any entrant and/or cancel any vote if it has reasonable grounds to believe the entrant has supplied information and/or details that are untruthful, inaccurate or misleading, or if the entrant has failed to abide by the Rules and/or is in breach of the terms in any way whatsoever.


• THE PRIZES AND RECOMMENDED RETAIL VALUES (“RRV”)

12. All RRVs are stated in NZD (inclusive of GST).

13. Prize (1 winner) is two tickets to Cloudy Bay 'On the Road' - our wine club exclusive event series. To choose between Auckland, Wellington, Christchurch and Queenstown. Dates will be communicated to the winner. Up to a value of $200.

The Prize is not transferable nor exchangeable. Cloudy Bay Vineyards accepts no responsibility for any variation in prize value. If the Prize or any element of the Prize is unavailable for any reason, Cloudy Bay Vineyards may substitute for that Prize or element of that Prize another item of equal or higher value as determined by Cloudy Bay Vineyards, subject to the approval of the relevant New Zealand authorities if required. The Prize can be changed by Cloudy Bay Vineyards at any time.
Total ARV of this prize package is not to exceed $250.

14. Travel expenses to and from Cloudy Bay Vineyards are not covered.

15. ALCOHOL IS NOT PART OF ANY PRIZE.

16. If the actual value of the Prize is lower than ARV stated in these Official Rules, the difference will not be awarded in cash.

17. Two tickets to Cloudy Bay 'On the Road' - our wine club exclusive event series. To choose between Auckland, Wellington, Christchurch or Queenstown. Dates are fixed and will be communicated to the winner.

18. All expenses and incidental travel costs outside of the Vineyard Tour by Car experience itself, are the sole responsibility of the Winner.

19. SELECTION OF THE WINNER
There will be one (1) random drawing in this Draw to be conducted by the Administrator on or about 10th June 2024 to award one (1) prize (the ”Prize” Potential winner will be notified at within five (5) calendar days of the drawing. Upon successful completion of all required forms set forth herein, the potential winner will be a winner (“Winner”) Upon successful completion of all required forms set forth herein, the potential winner will be a winner (“Winner”).
Odds of winning depend on the number of eligible entries received during the Entry Period. If the selected Winner is unable to accept a Prize in its entirety for any reason, the selected Winner will forfeit the Prize and the Prize will be awarded to an alternate Winner.
By accepting a Prize, the Winner irrevocably grant(s) Sponsor the right and permission (except where prohibited by law) to use Winner’s name, Prize won, likeness, photograph, voice, address (state) and biographical information in any media throughout the world in perpetuity for purposes of advertising, online posting, promotion and publicity in connection with the Draw without additional compensation.

20. Entries must be received by Cloudy Bay Vineyards by 9:00 on 9th June2024.

• NOTIFICATION / PUBLICATION AND UNCLAIMED PRIZE DRAW

21. The winners will be notified in writing by private message through his/her provided email address. The winners must respond to such notification within one (1) week from the date the notification is sent to him or her. If for any reason the winner cannot be reached after reasonable attempt has been made or if the winner fails to respond or responds after the deadline set forth above, the Prize will be awarded to an alternate winner. The selection of any alternative winner would be made by the same draw in accordance with these Rules.

22. The winners may also waive his/her right to receive a Prize and in this case the prize will be awarded to an alternate winner.

23. The winners are responsible for providing his/her correct contact information including the winner’s name and email address. The winner is subject to verification. Once eligibility has been verified and the Administrator receives the prize winner’s requested information, the Sponsor will arrange to award the Prize. Prize winner must reply with all required information in order to receive their Prize.

24. Awarding of Prize is subject to validation and eligibility verification. An entry shall be deemed submitted by the holder of the e-mail account. The winner may be required to provide Cloudy Bay Vineyards with proof (i) that the winner is the authorized account holder of the electronic mail address associated with the winning entry, and (ii) of any information provided or declaration made by the winner in relation with the Draw or entry (iii) proof of age and proof of residency. Identification considered suitable for verification is at Cloudy Bay Vineyards’ discretion.



DISQUALIFICATION: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS DRAW OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS DRAW IS A VIOLATION OF CRIMINAL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
• LIABILITY

25. By entering the Draw the entrant releases the Draw Entities and any of its parent companies, subsidiaries, affiliates, directors, officers, employees, representatives, agents and agencies from any liability whatsoever, and waives any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Draw and acknowledges and agrees that such parties will be held harmless by entrants for any claims, liability or cause of action for any injury loss disappointment or damages of any kind to persons, including without limitation property, due in whole or in part, directly or indirectly, from the acceptance of the prize, participation in this Draw except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law in New Zealand.

26. Cloudy Bay Vineyards is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant‚ or any other person, computer or mobile telephone related to or resulting from participation or downloading any materials in the Draw. Nothing shall exclude Cloudy Bay Vineyards liability for death or personal injury as a result of its negligence.

27. Cloudy Bay Vineyards cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorized access to votes, or votes lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Cloudy Bay Vineyards’ reasonable control.


28. (a) By entering this Draw, all Entrants release the Draw Entities and their respective parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors and assigns (the “Released Parties”) from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Draw and/or his/her receptor use or misuse of the Prize awarded in the Draw.
(b)Sponsor is not responsible for problems downloading or uploading any Draw-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Draw.
(c)None of the Released Parties shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or technical failures of any kind, including but not limited to (i) unauthorized human intervention in any part of the entry process or the Draw; (ii) (vi) use of any Prize and (iii) the random drawing selection process including the outcome of the Draw.

29. MODIFICATION /FORCE MAJEURE: In the event (a) an insufficient number of Eligible Entries are received, (b) a virus, bugs, or entrant fraud or misconduct affect or corrupt the administration, integrity, security or proper operation of the Draw, (c) Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms, or (d) Sponsor is prevented from awarding the Prize or continuing with the Draw as contemplated here in by any event beyond his control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any New Zealand law, order, or regulation, public health crisis (e.g. SARS), pandemic, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, or terminate the Draw.

In the event that, for reasons beyond their control and not related to the Winner, the Sponsor is unable to award the Prize as described in these Official Rules, they will substitute the Prize with another prize of similar nature and equal or greater value (including but not limited to cash equivalent) at their sole discretion.

• DATA PROTECTION AND PRIVACY POLICY

• JURISDICTION


30. The Draw and Rules will be governed by the laws applicable in New Zealand and any disputes will be subject to the exclusive jurisdiction of the competent courts of New Zealand. Cloudy Bay makes no representation that materials on the Social Media Platforms relating to this Draw are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Draw outside of New Zealand (under conditions determined), you are responsible for compliance with all local laws.

31. By participating in this Draw, you hereby give consent to Cloudy Bay Vineyards to collect and process your personal data for the purpose of administering the Draw and emailing our newsletters to you in the future. You have the right to unsubscribe from our e-newsletters at any time by sending a request to jferrentino@cloudybay.co.nz . Please refer to our privacy policy for information on how your personal data is processed, retained, shared and deleted in accordance with our privacy policy (https://www.cloudybay.com ). Our privacy policy does not extend to third-party websites that may be linked to this Draw. Such third-party websites, their content and privacy policies are outside our control. Please review the privacy policies of such third-party websites before disclosing any personal data to such third parties.


• MISCELLANEOUS

32. These Rules are in addition to and not in lieu of the Terms and Conditions and Privacy policy of Cloudy Bay Vineyards newsletter communications. In case of contradiction between the Rules and the Terms and Conditions and Privacy policy of Cloudy Bay Vineyards, the Rules shall prevail.

33. Cloudy Bay Vineyards reserves the right to shorten, extend, modify, cancel, patch or update the Rules at any time as deemed appropriate, in its sole discretion, without suspending or canceling the Draw. In such case, its liability cannot be incurred. Cloudy Bay Vineyards reserves the right to discontinue the Draw at any time and in such case, its liability cannot be incurred. Cloudy Bay Vineyards may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant New Zealand gaming authorities if required.

34. In the event there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails, or announcements relevant to this Draw, these Rules shall govern and prevail.

35. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Draw, the decision of Cloudy Bay Vineyards shall be binding and final and no correspondence or discussion shall be entered into.

36. The Rules may be translated in local languages. In case of divergent interpretations of these versions, only the English version will be considered as legally binding.

37. Cloudy Bay Vineyards is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the New Zealand Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

38. Cloudy Bay Vineyards encourages consumers to enjoy alcohol responsibly.

HOW TO CONTACT US

39. You can contact us in relation to the Draw by email: jferrentino@cloudybay.co.nz
PLEASE DRINK RESPONSIBLY