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Better Buzz Coffee Company
Instagram Sweepstakes Official Rules
By participating in this 2019 Best Gift Ever Instagram Sweepstakes (the “Sweepstakes”), you agree to comply with and be bound by these Official Rules and Better Buzz Coffee Company’s (the “Sponsor”) decisions relating to the Sweepstakes, which are final and binding.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
The Sweepstakes is subject to all applicable federal, state, and local laws and is void where prohibited by law.
1. Sweepstakes Period
The Sweepstakes starts at 9:00:00 a.m. Pacific Time (“PT”) on December 6, 2019 and ends at 10:00:00 a.m. PT on December 9, 2019 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes. Entries received outside of the Sweepstakes Period are not eligible to win a Prize.
2. The Prize
One (1) total winner will each receive a “Best Gift Ever” bundle comprising of one (1) 2019 Better Buzz Coffee Company Holiday Blend 12 oz bag of Whole Bean Coffee, one (1) Peace, Buzz, Joy, and Cheer Mug, and one (1) 24 oz bag of Better Buzz vanilla powder (the “Prize”). The approximate retail value (“ARV”) of the Prize is $35.
The Prize is awarded "AS IS" and WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, either express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
The Prize is not assignable or otherwise transferrable. No prize substitutions or cash alternatives are allowed except as may be determined by Sponsor in its exclusive discretion. Notwithstanding, Sponsor reserves the right to substitute the Prize (or a portion thereof) with one of comparable or greater value in the event a listed Prize is not available. Sponsor will not replace any lost or stolen Prizes (or portions thereof).
All federal, state, local, and other taxes, if any, on the Prize are the sole responsibility of the applicable winner.
This Sweepstakes is only open to legal residents of the 50 United States or District of Columbia who are at least the age of majority in their jurisdiction at the time of entry.
Directors, officers, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor, Instagram, Inc., or any of their respective parent, successor, affiliated, or subsidiary entities, together with any such person’s immediate family members (spouse, domestic partner, parent, child/step-child, sibling, grandparent) or any other individuals who live in the same household are not eligible to participate in the Sweepstakes.
Sweepstakes entries must be completed by an eligible participant and received by Sponsor in the manner provided for in these Official Rules. Ineligible persons and entries that are incomplete, late, or otherwise violate these rules will be disqualified.
4. How to Enter
(i). Log-in or join Instagram at www.instagram.com (joining is free) and set your account to “public.”
(ii). If you are not already following @betterbuzz, search for “betterbuzz,” select our account from the search results, and click on the icon to follow @betterbuzz.
(iii). Once you are following @betterbuzz, and during the Sweepstakes Period, like the Sweepstakes Instagram post and tag three or more friends to be entered into the Sweepstakes.
Entries will not be acknowledged. There is a limit of one (1) entry per person during the Sweepstakes Period. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple or duplicate accounts or any other method will void that entrant’s entries and may result in disqualification.
By submitting an entry on Instagram, you represent you are eligible to participate; agree that your entry conforms to the following Submission Requirements (the “Submission Requirements”); and acknowledge and agree that Sponsor, in its exclusive discretion, may choose to remove any entry; request you modify, edit, and/or resubmit your entry; and/or disqualify you or your entry from the Sweepstakes if it believes you are ineligible or your entry fails to comply with the Official Rules or the Submission Requirements.
A. Your entry must be your original work of authorship;
C. Your entry must not violate any law, statute, ordinance, regulation, or order of any court or administrative agency;
D. Your entry must not give rise to any claims of any kind, including but not limited to, claims of copyright infringement, invasion of privacy, violation of another’s publicity rights; and
E. Your entry must not contain material that (i) is disparaging, defamatory, pornographic, or obscene; (ii) includes threats to any person, place, business, or group; (iii) contains material that promotes bigotry, racism, hatred, or harm against any person or group; (iv) promotes discrimination based on race, gender, religion, nationality, sexual orientation, age, disability, or other groups; (v) involves references to alcohol or drug consumption; (vi) discloses personal information of individuals beyond their Instagram user account name, including but not limited to names, telephone numbers, physical or electronic addresses; (vii) contains commercial messages of any kind referring or relating to anyone other than Sponsor; and (viii) contains any other comment that is or could be deemed inappropriate or offensive as determined by Sponsor in its exclusive discretion.
PLEASE NOTE: Standard text messaging, data, and/or other rates may apply under the terms of your wireless service provider's data plan if you submit an entry via a wireless mobile device. We recommend contacting your service provider for information and rates before participating in the Sweepstakes on a mobile device.
5. Selection of Potential Winner
On or about December 9, 2019, at Sponsor’s address provided below, Sponsor will select one (1) potential winner(s) in a random drawing of all eligible entries received. The odds of winning the Sweepstakes depend on the number of eligible entries Sponsor receives during the Sweepstakes Period.
6. Potential Winner Notification
Sponsor will contact the potential winner(s) directly via direct message on Instagram on or about December 9, 2019 (the “Potential Winner DM”). The potential winner(s) will have forty-eight (48) hours from the time the Potential Winner DM is sent to respond via the same DM thread to claim the prize by (i) confirming their acceptance of the Prize; (ii) providing their mailing address for purposes of mailing the Prize; and (iii) if requested by Sponsor, completing, signing, and returning an Affidavit of Eligibility/Publicity Release.
If a Potential Winner DM remains unanswered or a complete response is not received within forty-eight (48) hours of Sponsor sending the Potential Winner DM, or a potential winner fails to complete, sign, and return an Affidavit of Eligibility/Publicity Release with five (5) calendar days of the request, the prize will be forfeited, and Sponsor may randomly select an alternate potential winner. Sponsor will only hold three (3) such alternate random drawings, after which Sponsor may conclude the Sweepstakes and any unclaimed Prize will not be awarded.
Upon a complete response from an eligible potential winner claiming the Prize, Sponsor may announce the winner(s) via one or more posts on its Instagram account.
Sponsor will mail the Prize(s) to potential winner(s) within five (5) business days following Sponsor’s confirmation of the potential winner’s identity and acceptance of the prize, receipt of the potential winner’s mailing address, and, if requested, receipt of a signed Affidavit of Eligibility/Publicity Release.
7. Potential Winner Verification & Requirements
Any potential winner(s) are subject to verification by Sponsor, whose decision is final and binding on all matters relating to the Sweepstakes. A potential winner is not an actual prize winner unless and until the entrant has (i) timely responded to the Potential Winner DM as required; and (ii) had their eligibility and identity confirmed by Sponsor.
If there is a dispute regarding the owner of an entry, the authorized account holder of the Instagram account used to enter will be deemed the entrant. If requested, a potential winner may be requested to provide Sponsor with proof that he or she is the authorized holder of the account associated with the winning entry.
8. Publicity Release
Except where prohibited and to the fullest extent permitted by law, entry into the Sweepstakes constitutes your permission for Sponsor to use your name, username, hometown, biographical information, pictures, likeness, entry comment, and Prize information in connection with the Sweepstakes and Sponsor’s advertising and promotional purposes as Sponsor so determines without further permission, notice, or compensation. As a condition to receiving a Prize after being randomly selected as a potential winner, winners may be required to execute Sponsor’s Affidavit of Eligibility/Publicity Release.
10. Releases; Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO OR ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES OR ACCEPTANCE, USE, MISUSE, OR POSSESSION OF ANY PRIZE EVEN IF A RELEASED PARTY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU WAIVE ANY RIGHT TO SUCH DAMAGES BY PARTICIPATING IN THE SWEEPSTAKES.
By participating in the Sweepstakes, you further agree that, to the fullest extent permitted by law, the Released Parties’ aggregate liability arising out of or relating to your participation in the Sweepstakes or the acceptance, use, misuse, or possession of any Prize will be limited to $25, and that in no event shall the Released Parties be liable for attorney’s fees.
By participating in the Sweepstakes, you agree to indemnify the Released Parties against all damages, claims, liabilities, losses, and other expenses, including without limitation attorney’s fees and related costs, whether or not a lawsuit or other proceeding is filed, in any way relating to or arising out of your participation in the Sweepstakes or your acceptance, use, misuse, or possession of any Prize.
12. General Conditions
Sponsor further reserves the right to terminate, cancel, suspend, and/or modify the Sweepstakes in the event the operation, security, administration, or proper play of the Sweepstakes, as determined in Sponsor’s exclusive discretion, is impaired or corrupted by fraud; virus; technical problems including unauthorized human intervention; and for force majeure beyond Sponsor’s reasonable control, including without limitation, war, weather, strikes, lockouts, fires, acts of God, and terrorism. In such events, Sponsor reserves the right to award prizes at random from the eligible entries received up to the time of impairment.
13. Interpretation of the Official Rules; Sweepstakes Decisions
Sponsor has the exclusive power to interpret the Official Rules, and Sponsor's decisions regarding any and all matters related to the Sweepstakes (including the selection of a potential winner), are final and binding in all respects.
14. Disputes; Class Action & Jury Waiver
All actions, proceedings, or litigation arising out of or relating to the Sweepstakes or any Prize awarded must be commenced and maintained exclusively by the appropriate court located in the County of San Diego, State of California. Both you and Sponsor hereby submit to the exclusive jurisdiction and venue of any such court and waive any and all objections to jurisdiction and venue (whether improper venue or inconvenient forum) of those courts.
You acknowledge and agree that any and all disputes, claims, and causes of action arising out of or relating to the Sweepstakes or any Prize awarded must be resolved on an individual basis only without resort to any form of class action, as any such collective or class basis is hereby waived.
THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED.
15. Miscellaneous Provisions
Your entry into the Sweepstakes signifies your consent to Sponsor contacting you for any purpose relating to the Sweepstakes.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other related provisions. No waiver by Sponsor of any term or right in these Official Rules shall be effective unless made in writing and signed by an authorized representative of Sponsor. Any written waiver authorized on one occasion is effective only in that instance and only for the specific purpose stated, and it shall not operate as a waiver on any future occasion.
C. Severability; Invalidity
If any provisions of these Official Rules is deemed unenforceable to any extent, the remainder of such provision, if any, shall be enforced to the fullest extent permissible, and the remainder of the Official Rules will continue in full force and effect.
D. Controlling Law
These Official Rules, the rights and obligations of Sponsor and any entrants, and any and all matters of dispute arising out of or relating to the Sweepstakes, whether arising in contract or tort, shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws principals.
E. Amendments to the Official Rules
Sponsor, in its exclusive discretion, reserves the right to amend these Official Rules at any time.
F. Integrated Rules
These Official Rules, together with any short-form version thereof on Sponsor’s Sweepstakes Instagram post, constitutes the complete, exclusive, and fully integrated statement of the Official Rules with respect to the subject matter set forth herein and it supersedes any prior rules or communications regarding the Sweepstakes, whether oral or written. In the event Sponsor’s short-form rules in its Sweepstakes Instagram post contradicts or otherwise conflicts with these Official Rules, the Official Rules shall control.
16. Results List; Rules Request
For a Sweepstakes winner’s list or a copy of the Sweepstakes Official Rules, send a self-addressed, stamped business-envelope to Better Buzz Coffee Company, ATTN: 2019 Best Gift Ever Sweepstakes to the address provided in Section 17. Requests for a winner’s list must be received within four (4) weeks after the end of the Sweepstakes Period.
17. Sponsor’s Info
The Sweepstakes is sponsored by Better Buzz Coffee Company, 801 University Ave., San Diego, California 92103.
The Sweepstakes is in no way sponsored, endorsed, or administered by, or in association with, Instagram, Inc.