Rules and Regulations
Win a Cunard® Transatlantic
Crossing to Hamburg Germany Sweepstakes
Official Rules and Regulations
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sponsor: The Container Store, Inc., 500 Freeport Pkwy., Coppell, TX 75019.
Who may enter?
The Container Store's Win a Cunard Transatlantic Crossing to Hamburg Germany Sweepstakes (the "Sweepstakes") is open to legal residents of the United States and the District of Columbia who are at least 21 years of age at the time of entry. Void where prohibited by law. The following persons are not eligible to enter the Sweepstakes: (a) employees of Sponsor, its affiliates or subsidiaries, (b) employees of any organizations directly involved with this Sweepstakes, (c) immediate family members or persons living in the same household as the persons identified in (a) or (b) above. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Sweepstakes.
The sweepstakes begins May 5, 2014 at 12:00:01 am Central Daylight Time and ends June 22, 2014 at 11:59:59 pm Central Daylight Time (the "Sweepstakes Period").
How to enter:
A purchase will not improve chances of winning. Individuals may enter using one of the sweepstakes entry methods stated below (each a "Sweepstakes Entry"). Incomplete entries and/or entries containing inaccurate information will be void at Sponsor's sole discretion. Each individual is limited to a maximum of one (1) total Sweepstakes Entry, regardless of method of entry. Sponsor will not be responsible for lost, late, incomplete, stolen, illegible, or misdirected entries due to any reason. The Sponsor reserves the right to disqualify, at its sole discretion, all entries with irregularities. Entries must be received by 11:59PM CST on the last day of the Sweepstakes Period. All entries and requests become Sponsor's property and will not be returned or acknowledged.
A total of one (1) winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Period. The drawing will be held within ten (10) days following the end of the Sweepstakes Period. Winners will be notified within ten (10) days after the drawing via the contact information provided on the Sweepstakes Entry. All decisions in all matters relating to this Sweepstakes made by the Sponsor are final.
Prizes and odds of winning:
One verified winner will receive one (1) 9-day double-occupancy cruise trip aboard the Cunard Line's ("Cunard") Queen Mary 2 Transatlantic Crossing between New York and Hamburg Germany ("Cruise") for the winner and one (1) guest, sharing accommodations of one (1) double occupancy balcony stateroom. Cruise date will be selected by winner from a list of available dates as provided by Cunard and Sponsor. Prize includes: (i) five (5) night's hotel accommodations in one (1) double-occupancy standard hotel in Hamburg, Germany; (ii) one-way business-class air transportation for the winner and one (1) Cruise Guest from Hamburg, Germany to New York, New York aboard Air Berlin; and (iii) one (1) Eagle Creek® luggage package for the winner. The approximate value of the cruise is $9,798 based on double-occupancy balcony stateroom accommodations, the approximate value of the hotel accommodations is 1,000 Euros or $1,381, the approximate value of the airfare is $7,213 based on business-class one-way airfare between New York and Hamburg, and the approximate value of the Eagle Creek® luggage package is $958. The total approximate aggregate value of the prize offered is US $19,350. The odds of winning depend upon the number of entries received. Airline, departure airport and arrival airport, hotel, and cruise room, and all other details not specified herein will be determined by Sponsor in its sole and absolute discretion.
Cruise Prize Restrictions: Cruise includes all regular onboard meals and entertainment. Winner must select Cruise available from the list of available Cruise dates as provided by Cunard and Sponsor, in their sole discretion, and must be completed by September 30, 2015 or Cruise prize will be forfeited; no alternative Cruise dates are available. If for any reason, winner is not available to Cruise on any of the dates provided by Cunard or cannot otherwise complete Cruise by September 30, 2015, Cruise prize will be forfeited. All ground transportation, shore excursions fees, discretionary hotel and dining charges, meals in alternate dining venues, alcoholic beverages, boutique purchases, and any other incidental Cruise costs or other Cruise expenses not specifically set forth herein are the sole responsibility of winner. All reservations and Cruise arrangements including, without limitation, the dates and times are at the sole discretion of Cunard and Sponsor. Cruise Guest must (or a Cruise Guest's parent or legal guardian if a Cruise Guest is an eligible minor in his/her state/province/jurisdiction of residence) sign and return a cruise/publicity release before any ticketing of cruise occurs. The winner and Cruise Guest must have all necessary identification and/or cruise documents (including but not limited to a valid passport, visa (if applicable) and all other necessary travel documents) required for Cruise. Cruise is subject to the terms and conditions of the Cunard passenger contract. As set forth in more detail in the passenger contract, Cunard reserves the right to refuse to embark any winner or Cruise Guest, at any time if, in the sole opinion of Cunard, a winner or Cruise Guest, or any minor or other person in a winner or Cruise Guest's care during the cruise, are unfit for any reason for the Cruise. Sponsor and Cunard shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by Cruise operators or any other persons providing any prize-related services or accommodations. Winner and Cruise Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that neither Cunard nor Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged Cruise tickets, travel vouchers or certificates will not be replaced or exchanged. Cruise is subject to the terms and conditions of the Cunard passage contract located at http://www.cunard.com/passagecontract.
Prize Restrictions: Sponsor, Air Berlin, and Cunard make no representation or warranties concerning the appearance, safety or performance of any prizes awarded. All travel arrangements, including airfare and accommodation, are based on availability and subject to blackout dates and other restrictions. Cruise and airfare reservations must be requested ninety (90) days prior to intended date of departure and are subject to availability at time of request. Trip time is subject to approval by the Hamburg Tourism Board. All prize travel must be completed between October 1, 2014 and September 30, 2015. Travelers are solely responsible for their own travel to/from New York City. Winner and winner's Travel/Cruise Guest must travel and cruise on the same itinerary throughout. Re-booking and changes are not permitted. Tickets are non-refundable and non-transferrable. Prize winner is responsible for all costs of passports, visas, travel insurance, touring, meals, and any other personal items. All unspecified expenses related to acceptance/use of prize and all taxes (including airline taxes) on prize are winner's sole responsibility. If Travel/Cruise Guest is a minor in his or her state of residence at the time of booking, the winner must be his/her parent/guardian, or his/her parent/guardian must also be ticketed on the entire trip. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay, cruise activities, and all other prize-related events) by minor's parent or legal guardian. The prize may not be sold, assigned, transferred, changed, exchanged, substituted or redeemed for cash. Sponsor, Air Berlin, and Cunard reserve the right to substitute a prize of equal or lesser value.
Only properly claimed prizes will be awarded. The winner is responsible for all applicable taxes and acceptance of prize constitutes permission (except where prohibited) to use winners' name, hometown and likeness by Sponsor, Air Berlin, Cunard, and/or other prize providers for purposes of advertising, promotion and publicity in any media without additional compensation or authorization. The winner must complete and sign an Affidavit of Eligibility, a Liability Release, all applicable forms required by taxing authorities and, where permitted, a Publicity Release. The winner must return these documents within ten (10) days of Sponsor sending. Tennessee residents need not sign the Publicity Release. Failure by a winner to timely complete, sign and return the documents or the return of any prize notification as undeliverable will cause prize to be forfeited. It is the entrant's responsibility to ensure the Sponsor has the correct email address, telephone number, and postal address. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Limitation of liability:
By entering, entrants and winners agree (and agree to confirm in writing): (a) to release and hold harmless Sponsor, Eagle Creek, the Hamburg Tourism Board, Cunard, and Air Berlin, their parents, subsidiaries and affiliated companies, respective subsidiaries, and each of their directors, officers, employees, and agents (the "Participating Companies") from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Sweepstakes or acceptance or use of any prize won, including any travel related thereto; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Participating Companies recommend winner purchase traveler's insurance.
PARTICIPATING COMPANIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THIS SWEEPSTAKES. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE DURATION OF THE SWEEPSTAKES. IN NO EVENT WILL THE PARTICIPATING COMPANIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR ANYONE ELSE INVOLVED IN THE CREATION OR OPERATION OF THIS SWEEPSTAKES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The above disclaimers do not apply in states where prohibited.
BY ACCEPTING PRIZE, WINNER ACCEPTS (AGREE TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN LAND AND SEA TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGE THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGE THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREE THAT TO THE EXTENT PERMISSIBLE BY LAW, PARTICIPATING COMPANIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.
The Prize will be sent to the verified winner by certified mail, return receipt requested or courier, if applicable.
For the name of the winner(s), mail your name and complete address on a 3 x 5-inch card in a standard business envelope to The Container Store, Attn: Legal Department, RE: The Container Store's Win a Cunard Transatlantic Crossing to Hamburg Germany Sweepstakes, 500 Freeport Pkwy. Suite 100, Coppell, TX 75019 by June 30, 2014.
AGREEMENT TO ARBITRATE DISPUTES, WAIVER OF RIGHT TO JURY TRIAL, AND WAIVER OF RIGHT TO BRING OR PARTICIPATE IN CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS
These Official Rules will be governed by and interpreted in accordance with the laws of the State of Texas without regard to any conflict of laws principles.
You agree that The Container Store and you will resolve any disputes through binding and final arbitration instead of through court proceedings. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE YOU HAVE WITH THE CONTAINER STORE AND/OR THE PARTICIPATING COMPANIES. NEITHER YOU, THE CONTAINER STORE, NOR THE PARTICIPATING COMPANIES MAY BRING A CLAIM AGAINST THE OTHER AS A CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. NEITHER YOU NOR THE CONTAINER STORE AND THE PARTICIPATING COMPANIES MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM BETWEEN US. These Official Rules evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq.
In the event of any dispute concerning the Sweepstakes or these Official Rules, the parties unconditionally and irrevocably agree that the dispute will be resolved by arbitration (and accordingly they hereby consent to personal jurisdiction over them) exclusively in Dallas, Texas, in accordance with the rules of the American Arbitration Association. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party will be entitled to recover its attorneys' fees and arbitration costs from the other party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceeding, except as may lawfully be required.