Intelligentsia Coffee SMS Sweepstakes Rules - October/November 2023

Espresso Equipment Giveaway
(The “Sweepstakes”)

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH ARE BINDING IN ALL MATTERS RELATING TO THE SWEEPSTAKES. WINNING A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. Do not enter this Sweepstakes if you are ineligible as set forth below at the time of entry. Individuals who participate in the Sweepstakes or submit an entry are sometimes referred to herein as “Entrant” or “you.”

1. SPONSOR[/ADMINISTRATOR]: Intelligentsia Coffee Inc., 1850 West Fulton, Chicago, IL 60612 (“Sponsor”)

 

2. SWEEPSTAKES PERIOD: Sweepstakes begins at [12:00] a.m. Pacific Time (“PT”) on October 18, 2023 and ends at [11:59] p.m. PT on November 9, 2023 (the “Sweepstakes Period”).

 

3. ELIGIBILITY: Sweepstakes is open to legal residents of [the United States (including the District of Columbia but excluding Rhode Island and Tennessee) who are at least [eighteen (18) years of age at the time of entry. The following are NOT eligible to participate in the Sweepstakes (collectively, the “Released Parties”): the “Sweepstakes Entities” (defined as Sponsor, employees, officers, directors, representatives, members, equity holders, and agents; Sponsor’s affiliates, parent companies, subsidiaries, divisions, agents, partners, successors, assigns, and advertising, promotional, fulfillment, and marketing agencies; the employees, officers, directors, representatives, members, equity holders, and agents of each of the foregoing; members of the Sweepstakes Entities’ immediate families (defined as including spouses, biological, adoptive, and step parents, grandparents, children, and grandchildren, siblings, and each of their respective spouses, regardless of where they reside); and persons living in the same households of the Sweepstakes Entities’ immediate families (whether related or not). Non-eligibility will result in disqualification. Sponsor [and Administrator] reserve[s] the right to verify the eligibility of all Entrants. Void in Rhode Island, Tennessee, all U.S. territories and possessions, overseas military installations, and where prohibited by law, rule, or regulation. All federal, state and local laws and regulations apply.

 

4. TWO WAYS TO ENTER: During the Sweepstakes Period, an eligible Entrant must follow the steps below to receive one (1) entry into the Sweepstakes:

• Sign up to receive SMS text marketing from Intelligentsia Coffee during the giveaway period (10/18/23 through 11/9/23) only via the following link: .

OR

• Submit form on Intelligentsia Coffee website found here: Enter for Chance to Win Link

 

Limit one (1) entry per person, regardless of the method of entry. Sponsor reserves the right to disqualify any Entrant who submits more than the maximum allowed entries. All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for the Sweepstakes Entities to obtain, use, and transfer your name, address, and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.

5. WINNER SELECTION, NOTIFICATION, AND PRIZE DELIVERY: On November 10, 2023, Sponsor or its designee will randomly select one (1) potential Prize winner (“Potential Winner”) from among the Entrants who have properly completed all necessary steps to enter this Sweepstakes. Odds of winning the Prize will depend on the number of eligible entries received during the Sweepstakes Period.

The Potential Winner will be contacted by Sponsor via phone, email, and/or by mail on or before November 11, 2023 (“Prize Notification”). The Potential Winner must confirm Prize acceptance within forty-eight (48) hours of such Prize Notification.

 

To be confirmed the Prize winner (“Prize Winner”), the Potential Winner will be required to sign and return within ten (10) days of the Prize Notification an Affidavit of Eligibility, Liability, and Publicity Release, including the Potential Winner’s full name and street address (no P.O. Boxes). The Potential Winner is subject to verification before designation as the Prize Winner and before any Prize will be awarded.. By signing the Affidavit of Eligibility, Liability, and Publicity Release, the Prize Winner affirms his/her eligibility and agreement to the contents of Sections 8, 10, 11, and 12 herein.  

 

If a Potential Winner fails to confirm Prize acceptance within forty-eight (48) hours of Prize Notification, fails to sign and return within ten (10) days of the Prize Notification an Affidavit of Eligibility, Liability, and Publicity Release, cannot be verified, or is otherwise not in compliance with these Official Rules, then such person will be disqualified, the Prize will be forfeited, and an alternate Potential Winner may be selected (and in such case this process will be repeated). Likewise, if a Prize Notification or Prize is returned as undeliverable or unclaimed, then the Potential Winner or Prize Winner will be disqualified, the Prize will be forfeited, and an alternate Potential Winner may be selected (and in such case this process will be repeated).

Upon receipt of the Affidavit of Eligibility, Liability, and Publicity Release, the Sponsor will deliver the Prize by mail within [30] of days.

 

6. PRIZE:

1 Flair 58 Plus Espresso Machine, 1 Sworksdesigns WDT Tool, 1 Revolution True Tamp 58mm, Sworksdesigns Funnel Tool, 1 Sworksdesigns Puck Disk, and 1 bag of Fruit Bat Seasonal Espresso (the “Prize”)]

Approximate Retail Value (“ARV”) of the Prize: $819

7. PRIZE RESTRICTIONS: No portion of the Prize may be transferred, redeemed for cash, or substituted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute any portion of the Prize with a prize of equal or greater value in its sole discretion and for any reason, including, without limitation, Prize unavailability. The Prize, and all elements thereof, are subject to availability.

The Prize Winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize Winner may be issued a 1099 tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winner of his/her tax obligations associated with winning the Prize, unless such individual was disqualified and another Potential Winner was selected.  

8. PUBLICITY/PRIVACY POLICY: Except where prohibited by law, each Entrant’s entry and submission constitutes the Entrant’s irrevocable, sub-licensable, absolute right, and permission for the Sweepstakes Entities to use, publish, post, or display said Entrant’s name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) for any purpose, including but not limited to advertising, trade, promotional, and publicity purposes on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, opportunity to review, approval, notification, or compensation of any kind, and each Entrant releases all Sweepstakes Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sweepstakes Entities to make use of any of the rights granted herein.

In order to participate in the Sweepstakes, Entrants will be required to supply certain information about themselves. Sponsor has specified in paragraph 4 certain information which is mandatory in order to participate in the Sweepstakes. This information will be used by Sponsor [and the Administrator] for purposes of administering the Sweepstakes and may be shared with other Sweepstakes Entities. The personal information will be collected, processed, and used in accordance with Sponsor’s Privacy Policy. Sponsor’s privacy policy can be found at https://www.intelligentsia.com/privacy-policy. By participating in the Sweepstakes and providing any personal contact information, Entrants hereby agree to the collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

9. GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part, at any time, without notice, and/or award the applicable Prize using all non-suspect eligible entries received as of, or after (if applicable), this cancellation, termination, modification, or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right to prohibit an Entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, Sponsor determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs), or intending to annoy, abuse, threaten, or harass any other Entrants or Sweepstakes Entities, or otherwise acting in violation of these Official Rules. 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. This Sweepstakes is subject to all applicable federal, state, and local laws. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

10. BY PARTICIPATING, ALL ENTRANTS AND ANY PRIZE WINNERS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY, DEATH, OR LOSSES, TO ANY PERSON OR PROPERTY OF ANY KIND, AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY, THAT MAY ARISE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE OR ANY PORTION THEREOF, OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR PARTICIPATION IN THIS SWEEPSTAKES.

By entering this Sweepstakes, Entrants agree to the following Statement:

I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.” The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.

11. LIMITATIONS OF LIABILITY: The Sweepstakes Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sweepstakes Entities on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an entrant’s ability to participate.

THE PRIZE IS provided “as is” without any warranty, representation, or guarantee of any kind, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, fitness for a particular purpose, or non-infringement. ACCEPTANCE, PARTICIPATION IN AND/OR USE OF THE PRIZE IS AT THE PRIZE WINNER’S SOLE RISK. Further, THE SWEEPSTAKES ENTITIES accept no responsibilities for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.

To the maximum extent permitted by law, in no event will the RELEASED PARTIES be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special, exemplary, punitive, Or other damages, ThAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE OR ANY PORTION THEREOF, OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR PARTICIPATION IN THIS SWEEPSTAKES, including any access to or use of the website or any downloading from or printing material from the website.  Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. 

12. DISPUTES: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action; (ii) any judicial proceeding shall take place exclusively in the appropriate federal or state court located in San Francisco, California; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Sweepstakes, but in no event to exceed two hundred fifty dollars ($250), and in no event will attorneys’ fees be recoverable; (iv) other than for actual out-of-pocket costs incurred, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek indirect, incidental, consequential, special, exemplary, punitive, or other damages, and/or any and all rights to have damages multiplied or otherwise increased; (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief; and (vi) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of Entrants and the Sweepstakes Entities in connection with the Sweepstakes, and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California without giving effect to any conflicts of law or choice of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
13. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

 

14. MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by [both] Sponsor [and Administrator].  The waiver by the Sweepstakes Entities of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of the Sweepstakes Entities and Entrant. 

 

15. WINNERS LIST AND OFFICIAL RULES COPIES: To request confirmation of the name, city, and state of residence of the Prize Winner (“Winners List”), please send a self-addressed, stamped legal-size envelope, by December 30, 2023, to:  Intelligentsia Coffee Inc., 1850 West Fulton, Chicago, IL 60612. The Winners List may also be posted on intelligentsia.com and Sponsor’s other marketing channels.

For a copy of the of the Official Rules visit www.intelligentsia.com or send a legal-size, self-addressed, stamped envelope to: Intelligentsia Coffee Inc., 1850 West Fulton, Chicago, IL 60612. Vermont residents may omit return postage with Official Rules requests.

Requests for either a Winners List or the Official Rules must be received no later than three (3) months following the end of the Sweepstakes Period. Only one (1) request for either a Winners List or the Official Rules will be fulfilled for each separately mailed envelope.

16. RIGHTS RESERVED: The content, information, data, designs and code associated with the Sweepstakes and at https://www.intelligentsia.com/pages/privacy-policy are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsor and/or Administrator without the express written consent of its owner is strictly prohibited.

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  See Official Rules at https://www.intelligentsia.com/pages/intelligentsia-coffee-sms-sweepstakes-rules-october-november-2023. Open to the United States (including the District of Columbia but excluding Rhode Island)] who are at least [eighteen (18) years of age] Ends November 9^th, 2023. Void where prohibited. [Only at participating locations.]