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Nite Owl Dark Roast Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The Night Owl Dark Roast Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, all U.S. Territories and Possessions and all Overseas Military Installations) who are eighteen (18) years of age or older as of the time of entry. All employees of Organic Coffee Cartel, LLC (“Sponsor”), all employees of Warner Bros. Entertainment Inc., all associated agencies and each of their respective affiliates, sales representatives, distributors, licensees or agents (all of the foregoing, together with Sponsor, collectively referred to as “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Participation in the Sweepstakes constitutes your full and unconditional acceptance of these "Official Rules".
2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins on or about February 6, 2009 at 12:01 Eastern Time ("ET") and ends as of February 25, 2009 at 11:59 p.m. PST (the "Sweepstakes Period"). Winners will be selected from entries properly submitted and received during the Sweepstakes Period.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: During the Sweepstakes Period, you may submit an entry online at www.coffeecartel.com (“Online Entry") by purchasing one (1) can of Nite Owl Dark Roast Coffee at the retail price of Fourteen Dollars and Ninety-Nine Cents ($14.99) (USD) One entry for every order regardless of the amount of bags of coffee you purchase. You obtain additional entries if you make additional separate orders. There is a limit of only ten thousand (10,000) cans of Nite Owl Dark Roast Coffee that will be sold in connection with this Sweepstakes and therefore the Sweepstakes Period may end early if all of the coffee is sold out prior to the expiration of the Sweepstakes Period. In order to receive an entry to the Sweepstakes, entrants must enter their name and e-mail address, place your order and purchase the Nite Owl Dark Roast coffee and click “Submit.”
4. ALTERNATIVE MEANS OF ENTRY: You may also enter the Sweepstakes without making a purchase by mailing a standard-size postcard with your name and e-mail address to: Organic Coffee Cartel, LLC, 15 Griswold Rd., Rye, NY 10580. Postcard entries must be received during the Sweepstakes Period to be included within the random drawing.
5. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant and each potential Winner by accepting a prize grants to Sponsor and Sponsor's affiliates, legal representatives, assigns and licensees, all right, title and interest in to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name and/or likeness and/or voice/photograph, city, state, and biographical material (collectively, “Licensed Rights”) in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of the Grand Prize Winner.
6. SELECTION OF SWEEPSTAKES WINNER: The potential "Grand Prize Winner" will be selected in a random drawing to be held on or about February 26, 2009. The potential Grand Prize Winner will be selected from all eligible entries received during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified via e-mail and must respond no later than three (3) calendar days after being notified. The drawing will be conducted by Sponsor, whose decisions on all matters relating to the Sweepstakes shall be final and binding. In the event that a potential Grand Prize Winner is disqualified for any reason, Sponsor may, in Sponsor's sole discretion, award the applicable Grand Prize to an alternate potential Grand Prize Winner selected at random. If an entrant’s name is selected more than once, an alternate potential Grand Prize Winner will be randomly selected. Any return of Grand Prize notification or prize e-mail as undeliverable will result in forfeiture of any Grand Prize and an alternate potential Grand Prize Winner may, at Sponsor's discretion, be randomly selected. The potential Grand Prize Winner may be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release within three (3) calendar days of attempted notification or the potential Grand Prize Winner may be disqualified and an alternate potential Grand Prize Winner selected.
7. PRIZES: One (1) Grand Prize with a total Approximate Retail Value ("ARV") of Twenty Five Dollars ($25.00) (USD) will be awarded to the Grand Prize Winner and only includes the following: two (2) individual admit one (1) tickets to the Los Angeles premiere of the motion picture "WATCHMEN". Additional Grand Prize award details (including the date of the premiere) to be provided to the Grand Prize Winner at the time of Grand Prize notification. Grand Prize will not be replaced if lost or stolen. Grand Prize is not redeemable for cash and no substitutions are allowed except by the Sponsor, who reserves the right to substitute a prize, in whole or in part, with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. The Grand Prize will be delivered only to addresses in the United States. All taxes are responsibility of the Grand Prize winner. An IRS Form 1099 may be issued in the name of Grand Prize Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the Prize received. Grand Prize winner is responsible for their own travel, accommodations, meals and all other expenses to and within Los Angeles and for their return from Los Angeles following the premiere. Address of screening theatre will be provided by the Sponsor. The winner is advised to arrive at least one (1) hour prior to screening start time. Selection and specifics of all prizes will be determined in the Sponsor's sole discretion. The prize is subject to the following limitations and restrictions: (i) Theater will be overbooked to ensure a full house; (ii) Not all ticket holders will be admitted; (iii) Seating is on a first-come, first served basis; and (iv) No one will be admitted without a ticket or after the premiere begins. If, for whatever reason, the premiere of the Picture is cancelled or rescheduled after the prizes are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled showing of the Picture. If, for any reason, more bona fide winners come forward seeking to claim the prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
8. GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. The Sweepstakes Entities, the respective parent companies, subsidiaries of each, nor their respective officers, directors, employees, members or agents (collectively, "Released Parties") are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). Sponsor also reserves the right at Sponsor's sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Released Parties; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Released Parties are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes. Warner Bros. Entertainment, Inc. and its parents, affiliates and subsidiaries, are not responsible for the promotion, administration or execution of this Sweepstakes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
9. PARTICIPANT OBLIGATIONS: By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor. By accepting the prize, the Grand Prize Winner agrees to release and hold harmless Released Parties from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Sweepstakes or receipt or redemption of the prize. The Grand Prize Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in the Sweepstakes or use or redemption of the prize.
10. GOVERNING LAW/JURISDICTION: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.
11. DISPUTE RESOLUTION: The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.
12. PERSONAL INFORMATION: The personal information collected through the Sweepstakes is subject to Organic Coffee Cartel, LLC's Privacy Policy, located at www.organiccoffee.com. By entering the Sweepstakes, you agree to the use of your personal information as described in the above Privacy Policy.
13. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: Organic Coffee Cartel, 96 Fifth Avenue #2N, New York, NY 10011. Requests for winners' lists must be received no later than ninety (90) days after the end of the Sweepstakes Period. VT residents may omit return postage.
14. SPONSOR: Organic Coffee Cartel, LLC, 15 Griswold Rd., Rye, NY 10580.
© 2009 Warner Bros. Entertainment Inc. All Rights Reserved.
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