Boyer’s Coffee Summer Sweepstakes Official Rules

Boyer’s Coffee Summer Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

ELIGIBILITY: The Boyer’s Coffee Summer Sweepstakes (the "Sweepstakes") is sponsored by Luna Gourmet Coffee & Tea Company, LLC d/b/a Boyer’s Coffee Company ("Boyer’s Coffee" or the “Sponsor”). The Sweepstakes is open to any individual eighteen (18) years of age or older at the time of the entry and each Entrant (defined below) must be a legal resident of the United States, excluding where prohibited by law, rule, or regulation. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these terms and conditions (“Official Rules”). Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the Sponsor, the "MLB Entities" (as defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to win a prize (as defined, below, in "Prize" section). The "MLB Entities" shall mean the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs and each of their respective subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents of the above entities. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. The Sweepstakes is specifically void outside of the United States and where prohibited by law.

HOW TO ENTER: The Sweepstakes begins at 8:00 A.M. Mountain Time ("MT") on March 1st, 2024 and ends at 9:00 P.M. Mountain Time on July 31, 2024 (the "Entry Period").

Participants ("Entrants") may enter the Sweepstakes online during the Entry Period by accurately completing an online entry form available at www.boyerscoffee.com/rockies (the "Website") or any other microsite or online form as identified by Sponsor during the Entry Period. No purchase required to enter. Participation is LIMITED TO ONE (1) ENTRY PER PERSON during the Entry Period. In the event more than one (1) entry is received from any one (1) person, the first entry processed will be considered the only valid entry received from that Entrant. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any potential winner may be required to show proof of being the authorized account holder. Bulk, automated (generated by a mechanical or “automated” means) and/or third party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, email addresses, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries become the property of the Sponsor and will neither be acknowledged nor returned.

RANDOM DRAWING: Potential winners of all prizes will be selected by random drawing on or about one week following the conclusion of the Entry Period from among all cumulative entries received during the Entry Period. Sponsor reserves the right to use third-party tools, software, websites or devices to facilitate the random selection. The decisions of Sponsor, including the selection of the winner, are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the cumulative total number of eligible entries received during the Entry Period in accordance with these Official Rules.

PRIZE: Sponsor may (but is not obligated to) substitute a different experiential prize with different components which may or may not be similar or different to the original prize described in these Official Rules, and at an undetermined time and place (which alternate experiential prize is also subject to further substitution or change due to such circumstances), and which may be of a lesser value than the announced value of the original prize, and any difference in value shall not be redeemable in cash or other consideration, and Entrant shall have no claim to any such difference in value.

One (1) Grand Prize will be awarded. The Grand Prize consists of the following: Four (4) complimentary seat tickets as assigned by the Sponsor at Coor’s Field for the Colorado Rockies home game on Friday, September 13th, 2024 (the "Event Game"). Additionally, the winner will be introduced during the pre-game ceremonies prior to the start of the Event Game, and invited to throw a ceremonial first pitch. The approximate retail value (“ARV”) of the Grand Prize is $200. All costs and expenses associated with the acceptance and use of the prizes not specified herein as being provided, including but not limited to lodging, transportation costs, parking, meals, gratuities and other expenses incurred by accepting the prize, are the sole responsibility of the winner. Winner's companions must be of legal age of majority in their jurisdictions of residence, unless accompanied by a parent or guardian. Winners are fully responsible for any and all costs and expenses and applicable federal, state and local taxes in connection with the Grand Prize. Game dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the Colorado Rockies Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded govern in the event the game is not played due to weather, an act of God, act of terrorism, civil disturbance or any other reason. Winner and his/her guest(s) agree to comply with all applicable stadium rules, policies, and regulations. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to winner and/or any of winner's guest(s) who engage(s) in a non-sportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten, or harass any other person at the game. The "Released Parties" (as defined below) will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, including the game for which tickets are awarded in this Sweepstakes. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. There will be no prize substitutions except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable, greater or lesser value at its sole and absolute discretion.

**In the event that the experiential prize is not available for any reason, the Sponsor will award the following contingency prize:

NOTIFICATION: Potential winners will be notified by e-mail, telephone and/or mail (in the sole discretion of Sponsor) (the "Prize Notification"). In the event that a potential winner does not respond to any such Prize Notification within three (3) days of date of issuance, a disqualification will result and the prize will be forfeited. Sponsor will have no liability for a winner’s failure to receive notices due to the winner’s computer spam, junk email, or other security settings, telephone or voicemail malfunction or failure, delay or failure of the US Postal Service or for winner’s provision of incorrect or otherwise non-functioning contact information. Notwithstanding the foregoing, at Sponsor's sole discretion and time permitting, an alternate potential winner may be chosen by random drawing from among all remaining entries. Potential winners may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release within five (5) days of the date of issuance. Disqualification and prize forfeiture will result if all required documents are not properly executed by the winner and returned within the specified period of time. Refusal or return of such documents as non-deliverable or the winner's noncompliance with these Official Rules will also result in disqualification and prize forfeiture and, at Sponsor' sole discretion and time permitting, may cause an alternate potential winner to be chosen by random drawing from among all remaining entries.

WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each Entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, the MLB Entities and each of their respective managers, partners, parents, affiliated companies, subsidiaries, officers, directors, employees, contractors, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the Entrant's participation in the Sweepstakes or from the receipt or use of a prize (or any portion thereof) or any travel or activity related to the receipt or use of the prize (or any portion thereof).

MODIFICATION OF RULES: Sponsor may modify and amend these Official Rules as they appear online from time to time during the Entry Period for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor is not responsible for any typographical or printing errors in the Official Rules, Website pages or other materials associated with the Sweepstakes.

GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, inaccurate, misdirected, lost, damaged, delayed or postage-due entries or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties or other errors or problems of any kind whether human, mechanical, electronic, network, computer or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the prize notification, the announcement of prize winners or in any Sweepstakes-related materials, or the cancellation or postponement of any Major League Baseball game. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any Entrant's or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Sweepstakes or Website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other Entrant or Sponsor' representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, MLB Entities or their respective agents. Sponsor shall have the sole right to disqualify any Entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, including, without limitation, the Grand Prize, and (ii) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) at any time should virus, bugs, unauthorized human intervention, or other causes corrupt or interfere with administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may select a winner and award the prize by way of random drawing from among all non-suspect entries received up to the time of such cancellation.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

PUBLICITY RELEASE: Except where prohibited or restricted by law, each winner’s acceptance of a prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s full name, city and state of residence, photographs and other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity, for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval.

USE OF PERSONAL INFORMATION: By entering the Sweepstakes, Entrants will be sharing their personal information with Sponsor. Personally identifiable information that is submitted by Entrants as part of this Sweepstakes will be used to administer the Sweepstakes, select prize winners and fulfill prizes. In addition, Sponsor may use Entrants’ information to provide Entrants with information about Boyer’s Coffee that Sponsor believes may be of interest. All Entrants acknowledge that if they are chosen as a winner, certain of their personally identifiable information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. All personal information submitted as part of the Sweepstakes will be used in accordance with Sponsor’s privacy policy, as set forth on the Website. By participating in the Sweepstakes, Entrants have read and hereby agree to all personal information uses and disclaimers as explained in the privacy policy.

DISPUTE RESOLUTION AND CHOICE OF LAW: The decisions of the Sponsor are final on all matters relating to the Sweepstakes including, without limitation, the construction, validity, interpretation and enforceability of these Official Rules. Any and all disputes, claims and causes of action of every kind and nature including, but not limited to, initial claims, counterclaims, cross-claims, third party claims and claims based upon contract, tort, intentional tort, statutes, regulations, common law and equity arising out of or in connection with this Sweepstakes, or any prize awarded, including the determination of the scope or applicability of this Agreement to Arbitrate (collectively, "Disputes"), shall be resolved individually, without resort to any form of class action or any purported representative capacity on behalf of others similarly situated, by arbitration to be held in Denver, CO, unless otherwise agreed to by the parties, before a single arbitrator, and that this procedure shall be the exclusive mechanism for resolving any Dispute. The arbitration shall be administered pursuant to the rules of the American Arbitration Association. The decision and/or award rendered by the arbitrator shall be written, final and non-appealable, and judgment on such decision/award may be entered in any court having jurisdiction thereof, and any judicial proceeding shall take place in a federal or state court in Denver, Colorado, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, provided, however, the non-prevailing party shall be liable to the prevailing party for the reasonable attorney fees and other out-of-pocket expenses actually incurred by the prevailing party with respect to such proceeding. Under no circumstances will an Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, any other damages other than actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. The arbitration proceeding and all pleadings and evidence shall be in the English language. Any evidence originally in a language other than English shall be submitted with a certified English translation accompanied by an original or true copy thereof. Any and all activities conducted under this paragraph, including without limitation any and all proceedings and decisions of the arbitrator shall be deemed "Confidential Information" of each of the parties and shall be kept in confidence by each party. All issues and questions concerning the printing, construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Colorado.

WINNERS’ NAMES: A list of winners will be posted to the Sponsor’s Website, BoyersCoffee.com/Rockies, following the verification of all potential winners. For a printed list of winners (available after August 16, 2024), mail a self-addressed stamped envelope to:

Boyer’s Coffee Summer Sweepstakes Winners
610 East 55th Ave #300 Denver, CO 80216

A request for the names of winners must be received by November 15, 2024.

SPONSOR: Luna Gourmet Coffee & Tea Company, LLC d/b/a Boyer’s Coffee Company, 610 East 55th Ave #300 Denver, CO 80216. Sponsor reserves the right to cancel this Sweepstakes at any time and, in its sole discretion, substitute another promotion in its place.

© 2024 Luna Gourmet Coffee & Tea Company, LLC d/b/a Boyer’s Coffee Company. All Rights Reserved. Promotion Entrants are hereby authorized to copy or download these Official Rules on the condition that it will be for the Entrant’s personal use and not for any commercial purpose whatsoever.