2016 EIGHT O’CLOCK COFFEE REASON BEHIND EVERY SIP INSTAGRAM SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. INTERNET ACCESS REQUIRED. STANDARD DATA CHARGES MAY APPLY.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO EIGHT O’CLOCK COFFEE COMPANY AND NOT TO INSTAGRAM.
1. HOW TO ENTER: The 2016 Eight O’Clock Coffee Reason Behind Every Sip Instagram Sweepstakes (the “Sweepstakes”) sponsored by EIGHT O’CLOCK COFFEE COMPANY (the “Sponsor”). Sweepstakes begins at 12:00 P.M. Eastern Time (“ET”) on Thursday, October 27, 2016 and ends at 11:59:00 P.M. ET on Thursday, November 10, 2016(the “Sweepstakes Period”).
Submitting an Entry constitutes your agreement to these Official Rules and the decisions of Sponsor on all matters concerning this Sweepstakes. Potential winners may be required to show proof of being the authorized account holder of the Instagram account associated with the entry. Sponsor and its Promotion Entities are not responsible for lost, late, delayed, misdirected, or incomplete entries. Incomplete entries are not eligible. Entries will not be judged. Entries must be received during the Sweepstakes Period to be eligible. The Entry must: 1) be complete to be eligible; 2) be the property of the Entrant. Sponsor has the sole discretion to determine whether a Photo qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering via Instagram, you understand and agree that your Photo may (in Sponsor’s sole discretion) be posted online for public viewing in a Sponsor specified gallery (“Gallery”) or other Sponsor-selected sites. By entering, you grant Sponsor a non-exclusive, unlimited, license in the copyright to your Entry to copy, display and modify your Entry for its business purposes including advertising. Sponsor reserves the right to remove any posted Photos, in its sole discretion, even if the Photo has already been made available to the public. Participation is subject to disqualification of Entry if multiple Instagram accounts are used by the same person. Creating multiple accounts to enter a sweepstakes may also result in termination of all of your accounts by Instagram.
2. ENTRY REQUIREMENTS FOR ENTRY VIA INSTAGRAM: In order to be entered into the Sweepstakes, Entrants must comply with registration instructions when submitting their Entry. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor or its affiliates, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's and their affiliates’ images and may not be offensive, as determined by Sponsor in its sole discretion. Entrants may not copy or otherwise plagiarize the Entry from any source. Any Entry or portion thereof that, in the Sponsor’s sole discretion, contains proprietary content or the right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand other than Eight O’clock Coffee. Sponsor may blur, black out or edit the infringing material (as applicable), in its sole discretion, for consideration to be featured in the Gallery. Entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
3. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older and who are physically located and reside in the fifty (50) United States and the District of Columbia at the time of Entry (“Eligible Participant”). Persons in any of the following categories are NOT eligible to enter or win a prize: (a) employees or agents of Eight O’Clock Coffee Company and Source Marketing LLC (“Administrator”), and their respective parent companies, subsidiaries, affiliates, distributors, and advertising and promotion agencies; (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes; and (c) persons who are in the immediate family of any person in any of the preceding categories (including mother, father, sister, brother, daughter, son, spouse, grandparents or grandchildren), regardless of where they live; or persons who reside in the same household, whether related or not, as any person in any of the preceding categories. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
4. PRIZES AND APPROXIMATE RETAIL VALUES (the “ARV”):
One (1) Grand Prize: A one (1) year’s supply of Eight O’clock Coffee Infusions Alert or Relax product which includes twenty-four (24) 10oz. bags of Eight O’Clock Coffee as well as a Coffee Brewing System. Winner will choose which product they prefer. The maximum ARV of the Grand Prize is $350.
Ten (10) First Prizes: One (1) 10oz. bag of Eight O’clock Coffee Infusions Alert and one (1) 10 oz. bag of Eight O’clock Coffee Infusions Relax. The maximum ARV of one (1) First Prize is $14.00. The total approximate value of all First Prizes is $140.
The total aggregate ARV for all prizes to be awarded is $490. Limit one prize per person and per household.
All other expenses and costs, not expressly listed above, including, but not limited to, taxes, are the sole responsibility of the Grand Prize winner. Sponsor is not responsible for damages, losses or injury resulting from acceptance or use of prize. If any prize winner receives a prize value over $600, the prize winner will be issued an Internal Revenue Service Form 1099 with respect to the value of the prize received; all taxes with respect to any prize are the sole responsibility of the winner.
Prizes are nontransferable, non-negotiable, non-refundable and must be accepted as awarded. No cash or other substitutions may be made, except by Sponsor in the event that the prizes (or any portion of each prize) cannot be awarded for any reason, in which case, Sponsor will award a prize of equal or greater value. The prizes, and each element thereof, are awarded “as is” with no warranty (except as specifically included) or guarantee, either express or implied by Sponsor. All prize details are at Sponsor’s sole discretion. Prize award is subject to verification of eligibility and compliance with these Official Rules. Winners are solely responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.
5. WINNER SELECTION/NOTIFICATION AND ODDS OF WINNING: A random drawing will be held within 4 days following the Sweepstakes Period conclusion on or about November 14, 2016, and one (1) Grand Prize Winner and ten (10) First Prize Winners will be selected from all valid entries received. The odds of winning depend on the number of eligible entries received. Potential Prize Winners will be notified via email or DM within approximately four (4) business days following the prize drawing. Potential prize winners may be asked to send an email to firstname.lastname@example.org
with their gdate of birth, mailing address (no P.O. Boxes permitted) and email address to confirm their winner status and officially accept the prize. Once received, Administrator will send a reply via the Eight O’clock Coffee email account to the Potential Winner confirming their winner status and will fulfill the prize after confirmation. Prize will be shipped to confirmed winner (U.S. addresses only, no P.O. Boxes permitted) via UPS or comparable carrier within 6-8 weeks. Potential Winners must respond to the initial direct message or email notification within three (3) business days, otherwise prize may be forfeited. If a potential Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, fails timely to respond to the notification post, if the notification that the Sponsor sends is returned as undeliverable, or the potential Prize Winner is otherwise unreachable for any reason for a period of three (3) business days following first attempted notification, the prize will be forfeited.
If any prize is forfeited, an alternate winner may be randomly selected from the remaining valid entries and confirmed in accordance with these Official Rules. By accepting a Prize, Prize Winner represents that they have complied with these Official Rules. Entry and acceptance of prize offered constitutes permission for Sponsor to use Prize Winner’s Entry, name, city, state of residence, likeness and/or photograph and statements for advertising/trade and all other purposes, in any and all media, and all media now or hereafter known worldwide in perpetuity, including the Internet and social networking sites, without further compensation, notification or permission, unless prohibited by law.
7. LIMITED LIABILITY: If by reason of a printing, computer, production or other error, more promotion prizes are claimed than the number set forth in these Official 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. Unclaimed prizes will not be awarded. Although subsequent attempts to enter may be received on any day, only the first Entry received from a particular individual will count. Entries may only be made according to the methods described above. Every Entry must be manually key-stroked by entrant. Automated entries (including but not limited to entries submitted using any bot, script, macro, or promotion service), copies, third party entries, facsimiles and/or mechanical reproductions are not permitted and will be disqualified.
8. GENERAL CONDITIONS: Sponsor, Administrator, Instagram, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, misdirected, illegible, garbled or damaged entries, prize claims, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries or prize claims, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer or mobile/tablet device related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. If for any reason the Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, extensive negative publicity or media attention, technical failures, or any other causes beyond the control of the Sponsor, which corrupts or affects the administration 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/or to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). Notice of such cancellation, modification, or suspension will be posted on the Eight O’clock Coffee Instagram account. If terminated for any reason at any time prior to the end of the Sweepstakes Period, Sponsor may, at its discretion, award the Prize Winner from among all non-suspect, valid, eligible entries received up to time of such action in a random drawing. If a technical failure or disturbance occurs and entry is terminated midway through or at any time prior to the end of the Sweepstakes Period, all non-suspect, valid, eligible entries received through that point will be included in a random drawing for the Sweepstakes Prize. Entrants, by participating, agree that Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of Prize or participation in this Sweepstakes.
9. DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of New Jersey, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New Jersey having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
10. WINNERS LIST: For official Winners list, send a self-addressed, stamped #10 envelope postmarked by December 10, 2016 to: “Eight O’clock Coffee Reason Behind Every Sip Sweepstakes,” Winners List request, c/o Source Marketing LLC., 761 Main Avenue, Suite F, Norwalk, CT 06851.
11. OFFICIAL RULES: For a mailed copy of the Official Rules, send a self-addressed #10 envelope postmarked by December 10, 2016 to: “Eight O’clock Coffee Reason Behind Every Sip Sweepstakes,” Official Rules request, c/o Source Marketing LLC., 761 Main Avenue, Suite F, Norwalk, CT 06851.
12. SPONSOR/ADMINISTRATOR: The Sponsor of this Sweepstakes is: TATA Beverages, Eight O’clock Coffee, 155 Chestnut Ridge Road, Montvale NJ 07645. The Administrator is Source Marketing LLC, 761 Main Avenue, Norwalk, CT 06851.