Van Gogh Double Espresso Coffee Subscription GiveawayOFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- ELIGIBILITY: The Van Gogh Double Espresso Coffee Subscription Giveaway ("Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are (a) at least twenty-one (21) years of age. Employees of Sponsor, Bean & Bean Coffee Roasters, other participating vendors (if any), alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers), their respective parent companies, affiliates, and subsidiaries, and their respective participating advertising, promotions, and public relations agencies as well as members of their families and/or those living in the same household as such individuals are not eligible to enter. The Promotion is: (a) governed by these Official Rules, (b) void where prohibited or restricted by law, and (c) subject to all applicable federal, state, and local laws and regulations. You must have access to the Internet and a valid email address to enter. By entering, you agree that you have read and consent to be bound by these Official Rules, and Sponsor's privacy policy, available here. Eligibility is conditioned on the acceptance of these Official Rules and Sponsor's privacy policy at time of entry.
- HOW TO ENTER: The Promotion Period (defined below) is subdivided into eight (8)
"Monthly Entry Periods". Each Monthly Entry Period begins at 12:00:00 a.m. Eastern
Time ("ET") on the first day of the month and ends at 11:59:59 p.m. ET on the last day
of the month. The first Monthly Entry Period will begin on May 1, 2023and the last
Monthly Entry Period will end at 11:59:59 p.m. ET on December 31, 2023 ("Promotion
Period"). The Promotion is designed to give eligible entrants the opportunity to win
Prizes (as defined below) in accordance with these Official Rules. To enter, visit the
Promotion website at www.vangoghvodka/coffeesweeps ("Website") and follow the on-
screen instructions to provide all required in information to complete an entry form
(each a "Submission"). Limit one (1) Submission per person and per account allowed
per month.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, all of which are void. Each potential winner may be required to show proof of being the authorized individual account holder of the account associated with the winning Submission. Sponsor's computer is the official Promotion clock. Message and data rates may apply for Submissions submitted via mobile devices. - SUBMISSION REQUIREMENTS: Submissions must comply with the following criteria to be eligible:
- Submissions that feature, mention, refer or otherwise allude to the name, logo or trademark of any entity, third party individual, product or brand other than Van Gogh Vodka may not be submitted, and may be disqualified at any time in Sponsor's sole and unfettered discretion.
- Any Submission that fails to meet the Sponsor's specifications may be disqualified at any time in Sponsor's sole and unfettered discretion.
- The Submission must be your own original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
- The Submission may not have been previously published or distributed in any media and may not have been entered in or won any previous sweepstakes, contest(s), or other promotion(s).
- Submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, non-family-friendly, and/or Submissions that otherwise contain inappropriate content or objectionable material may not be submitted and may be disqualified at any time in Sponsor's sole and unfettered discretion.
- Submissions that contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way may not be submitted and may be disqualified at any time in Sponsor's sole and unfettered discretion.
- Submissions must not contain any images or personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Submission, you acknowledge and agree that such information will be disclosed publicly, and you are solely responsible for any consequences thereof.
- You may not be, nor may you work with parties in conjunction with your Submissions who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display your Submission in any media form; or 2) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Submission worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
- INTELLECTUAL PROPERTY: The intellectual property rights to the Submission, if any, will remain with the entrant, except that these Official Rules do not supersede any other assignment or grant of rights according to any other separate agreements between entrants and other parties. As a condition of entry, entrant agrees that Sponsor shall have the right to use, copy, modify and make available the Submission in connection with the operation, conduct, administration, and advertising and promotion of the Promotion and of Sponsor via communication to the public, including, but not limited to the right to make screenshots, animations, and video clips available to the public for promotional and publicity purposes. Furthermore, by participating in the Promotion and/or accepting a Prize, each entrant grants (and agrees to confirm that grant in writing) to Sponsor and/or Sponsor's designee the perpetual right to use their name, biographical information, photos and/or likeness, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered without notice, review or approval and without additional compensation, except where otherwise prohibited by law.
- RANDOM DRAWING(S): Sponsor will select eight (8) winners; one (1) for each Monthly Entry Period, subject to confirmation, in random drawings from among all eligible Submissions received during the applicable Monthly Entry Period. Drawings will be conducted within approximately five (5) business days of the close of the applicable Monthly Entry Period. Drawing(s) will be conducted by Sponsor's representative or designee, whose decisions shall be final and binding in all respects. Potential winner(s) will be contacted by email, and will be asked to provide the necessary information (such as first and last name, email address, mailing address, and/or phone number) to Sponsor.
- PRIZE(S): There will be eight (8) prizes (one per month) for each Monthly Entry, each consisting of a 3-month coffee subscription to Bean & Bean ("Prize"). Approximate retail value ("ARV") of each Prizes: $66. Total ARV of all Prizes: $528. Odds of winning a Prize depend on the number of eligible Submissions received during the Promotion Period. Any Prize details not specified above will be determined by Sponsor in its sole discretion. Alcohol is not part of the prize.
- CONDITIONS OF PARTICIPATION: Prizes are not transferable. Taxes on Prizes are sole responsibility of winners. No Prize substitutions or cash redemptions allowed, except by Sponsor, who may substitute a Prize of equal or greater value if advertised Prize becomes unavailable. Sponsor shall not be held responsible for any delays in awarding the Prize or any component thereof for any reason. Entry into this Promotion constitutes entrant's agreement to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Potential Prize winners may be required to sign and return an Affidavit of Eligibility/Liability & Publicity Release and a Confidentiality Agreement within 48 hours following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. In the event that any prize notification message is returned as undeliverable or if no response to the prize notification message is received within the time period stated or if the potential winner is found ineligible or does not comply with these Official Rules, the Prize may, in the Sponsor's sole and absolute discretion, be forfeited and awarded to an alternate winner selected at random from among remaining eligible Submissions. If Sponsor is unable to confirm a winner after three (3) good faith attempts, the Prize may not be awarded. If the confirmed winner forfeits the Prize for any reason after confirmation, no alternate winner will be selected. In no event will more than three (3) Prize(s) be awarded. If, for any reason, more than one (1) prize notification is sent (or more than one (1) claim is received), Sponsor reserves the right to award the Prize through a random drawing from among all eligible Prize claims received. As a condition of entry, entrants agree that (1) the Promotion is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc.; and (2) any questions, comments or complaints regarding the Promotion will be directed to Sponsor, not to Meta Platforms, Inc. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
- RELEASE: By participating in the Promotion, winners agree to release Sponsor, Meta Platforms, Inc., and each of its respective parent companies, subsidiaries, affiliates, related companies and advertising, promotion and public relations agencies, and each of their respective officers, directors, employees and agents ("Released Parties") from any and all liability, loss or damage of any kind arising out of or in connection with their participation in this Promotion or with respect to awarding, receipt, possession, use and/or misuse of any Prize. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, or in the announcement of any prize. An entrant may be prohibited from participating in this Promotion if, in Sponsor's sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of this Promotion by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Released Parties, or associated agencies or entities.
- DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Kentucky. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of Kentucky, without giving effect to any choice of law or conflict of law or conflict of law rules (whether of the state of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Kentucky.
- WARRANTY AND INDEMNITY: Each entrant represents and warrants that their Submission is original, that they are the sole and exclusive owner and right holder of the submitted Submission, and that they have the right to submit the Submission in the Promotion. Each entrant further represents and warrants that their Submission does not (1) infringe any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) include any personally identifiable information of any person other than entrant; or (3) otherwise violate any applicable law. To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified the Released Parties at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Released Parties may become liable by reason of or related or incidental to any act, default or omission by an entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission, whether negligent or otherwise, of these Official Rules by an entrant.
- ELIMINATION: Any false information provided within the context of the Promotion by any entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these Official Rules or the like may result in the immediate elimination of the entrant from the Promotion. Sponsor further reserves the right to disqualify any Submission that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.
- WAIVER: Entrants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased.
- LIMIT OF LIABILITY: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry or Submission information by Sponsor on account of technical problems or traffic congestion via mobile phone or otherwise. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, act of God, or any other causes which corrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any portion thereof at any time, and for any reason without further obligation or advance notice. Sponsor reserves the right, but does not have any obligation, to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process or the operation of the Promotion or acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
- CAUTION: Any attempt by an entrant to deliberately damage any associated website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent of the law.
- SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- WINNERS' LIST: For a copy of the winners' list, send a self-addressed, stamped envelope postmarked to Sazerac Company, Inc. 10101 Linn Station Rd. Suite 400, Louisville, KY 40223, Attention Van Gogh Double Espresso Coffee Subscription Giveaway Winner's List Request. Requests for winner information must be received no earlier than the end of the applicable Monthly Entry Period and no later than the 10th of the month following the applicable Monthly Entry Period
- SPONSOR: Luctor International, LLC dba 375 Park Avenue Spirits 10101 Linn Station Rd., Suite 400, Louisville, Kentucky, 40223.
