NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Boyer’s Coffee First Pitch Sweepstakes (the "Sweepstakes") is sponsored by the Boyer’s Coffee Company, ("Boyer’s Coffee"), the Sponsor. The Sweepstakes is open to legal residents of the State of Colorado, who are eighteen (18) years of age or older at the time of entry. 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. Void outside Colorado.
HOW TO ENTER: The Sweepstakes begins at 8:00 A.M. Mountain Time ("MT") on June 1, 2017 and ends at 8:59 P.M. Mountain Time on July 31, 2017 (the "Entry Period").
Participants ("Entrants") may enter the Sweepstakes online or by mail during the Entry Period. Method of entry does not affect your chance to win. To enter online, fill out completely and accurately an online entry form available at www.BoyersCoffee.com/RockiesSummer (the "Website") or any other microsite or online form as identified by Sponsor during the Sweepstakes Period. To enter by mail, hand print “The Colorado Coffee” on a 3” x 5” piece of paper and submit your entry with your hand written full name, address, city, state and zip code, day and evening telephone numbers (including area code), date of birth and e-mail address and mail it in an envelope with proper postage affixed to:
Boyer’s Coffee First Pitch Sweepstakes Entry
7295 Washington Street
Denver, CO 80229
Mail entries must be postmarked by July 31, 2017 and received by August 6, 2017 to be eligible.
All entries. Participation is LIMITED TO ONE (1) ENTRY PER PERSON. 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 will be selected by random drawing on or about August 7 from among all entries received. The decisions of Sponsor, including the selection of winners, are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of entries received.
PRIZES: One (1) Grand Prize and six (6) Runners Up Prizes will be awarded. The Grand Prize consists of the following: four (4) complimentary seat tickets located in Section 223, Row 4, Seats 1,2,3 & 4 (or as otherwise assigned by the Sponsor) at Coors Field for the Colorado Rockies home game on September 1, 2017 (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. six (6) Runners Up Prizes. Six (6) runners up will each receive two (2) tickets to a 2017 Colorado Rockies game; game and seating at Coors Field to be selected by Sponsor. ARV of each runner up prize: $ 88. ARV all runner up prizes: $ 528. All Prizes. ARV all prizes: $ 728. 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, 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 applicable federal, state and local taxes. 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, Ltd., 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 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 games 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 or greater value at its sole and absolute discretion.
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. 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's 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 other MLB Entities and each of their respective managers, partners, parents, affiliated companies, subsidiaries, officers, directors, employees, 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). The winner, by acceptance of a prize, grants to Sponsor, the other MLB Entities and each of their respective designees the right to use, reproduce, and publicize such winner's name, address (city and state of residence), biographical information (in whole or in part), photograph, voice, statements and/or other likeness and prize information regarding the Sweepstakes or Sponsor in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification, review or permission, unless prohibited by law for any and all purposes including, but not limited to, advertising, trade and/or promotion on behalf of the Sponsor.
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) should virus, bugs, unauthorized human intervention, or other causes corrupt 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 prizes 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; USE OF PERSONAL INFORMATION: 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 or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Promotion 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. 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 your information to provide you with information about Boyer’s Coffee that Sponsor believes may be of interest to you.
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 for Denver County, 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/RockiesSummer, following the verification of all potential winners. For a printed list of winners (available after August 18, 2017, mail a self-addressed stamped envelope to:
Boyer’s Coffee First Pitch Sweepstakes Winners
7295 Washington Street
Denver, CO 80229
A request for the names of winners must be received by November 16, 2017.
SPONSOR: Boyer’s Coffee Company, Inc., 7295 Washington Street, Denver, CO 80229. Sponsor reserves the right to cancel this Sweepstakes at any time and, in its sole discretion, substitute another promotion in its place.
© 2017 Boyer Coffee Company. All Rights Reserved. Promotion Entrants are hereby authorized to copy to download these Official Rules on the condition that it will be for the Entrant’s personal use and not for any commercial purpose whatsoever.