OFFICIAL RULES: ACAIA LUNAR SCALE GIVEAWAY (*NEW* PHOTOGRAPHY SAMPLE)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
By entering this Contest, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of Espresso Parts, LLC (“Sponsor”) regarding this Contest are final and binding in all respects.
1. CONTEST PERIOD. This Contest begins July 19th, 2019, 12:01 CST and ends August 8th, 2019, 11:59 p.m. CST when all entries must be received.
2. ELIGIBILITY. This Contest is only open to residents of the United States who are at least 18 years old as of the date of entry, except officers, directors, members and employees of theEspresso Parts, LLC or any other party associated with the development or administration of thisContest, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Contest is void in Florida, New York, RhodeIsland, and where prohibited by law.
3. HOW TO ENTER. Visit www.EspressoParts.com during the Contest Period and follow the instructions to complete and submit the entry form. All entries become the property of theSponsor and will not be acknowledged or returned. Limit: One entry per person and per e-mail address during the Contest Period.
4. WINNER SELECTION AND NOTIFICATION. Winner selection will be determined bySponsor on or about two weeks after the end of the Contest. Any potential winner will be notified by mail, email and/or telephone. If a potential winner cannot be contacted, does not respond within five (5) days from the date Sponsor first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win theContest or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Contest, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Contest.
5. PRIZE DESCRIPTION. There will be one winner. The prize is an open box Acaia Pearl Scale (photography sample/open box)
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.
7. ODDS OF WINNING. The odds of winning this Contest depend on the number of eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. No substitutions for the prize except by Sponsor.
9. CONSENT AND RELEASE. By entering the Contest, each entrant releases and dischargesSponsor and any other party associated with the development or administration of this Contest, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, transferees2929925.2 and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Contest, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by Sponsor or others authorized bySponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release.
10. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder”is defined as the natural person who is assigned to an e-mail address by an Internet AccessProvider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii)Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Contest based upon such error at its sole discretion without liability. (v)SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. FRAUD. Any individual who is found to have created multiple Facebook profiles and entered the Sweepstakes using multiple identities, or otherwise engaged in fraudulent, misleading or deceptive practices with respect to any Contest, will be immediately disqualified and no longer eligible for participation in the Contest in any capacity.
13. DISPUTE RESOLUTION. Except where prohibited by law, as a condition of participating in this Contest you agree that (a) any and all disputes and causes of action arising out of or connected with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of theAmerican Arbitration Association and held at the AAA regional office nearest Austin, Texas; (b)the Federal Arbitration Act will govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased.
14. APPLICABLE LAWS AND JURISDICTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules and Regulations, or your or our rights and obligations in connection with the Contest, will be governed by, and construed in accordance with, the substantive laws of the State of Texas.
15. SPONSORSHIP. This Contest is sponsored by Espresso Parts LLC, 4315 Lacey Blvd SE,Lacey, WA 98503.2929925.2