GoldenTicket
“Golden Ticket Sweepstakes”
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
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ELIGIBILITY. The “Golden Ticket Sweepstakes” (the “Promotion”) is only open to participants who as of the date of participation are legal residents of the States of Colorado and Wyoming who are at least eighteen (18) years of age. The Promotion is void outside the States of Colorado and Wyoming and where prohibited or restricted by law. Employees, officers and directors of Luna Gourmet Coffee & Tea Company (“Sponsor”), Graphics Department (“Printer”), fine retailers where Boyers Coffee can be purchased and the respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies of each of the foregoing, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate and win.
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TIMING; PROMOTION END. The Promotion begins on September 26, 2016 and ends on June 30, 2017, or when the supply of Promotion prize tickets is exhausted, whichever occurs first (the “Promotion Period”).
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HOW TO OBTAIN A TICKET; HOW TO REDEEM A TICKET; VERIFICATION.
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To obtain a ticket at participating Fine Retailers Where Boyers Coffee is Sold: During the Promotion Period) purchase a specially marked package of Boyers Coffee (72-count package) available only at fine retailers in Colorado and Wyoming (while supplies last and where available) . If you find a Golden Ticket (the “Ticket”) in the package, save your Ticket for redemption in accordance with these Official Rules; original ticket is required for prize redemptions; no copies will be accepted.
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FREE ALTERNATE METHOD OF PARTICIPATION; NO PURCHASE REQUIRED. To participate in the Promotion without making a purchase, hand print your name, address, day and evening phone numbers, email address (if any) and date of birth on a 3” X 5” piece of paper and mail it in a #10 envelope with sufficient postage to GOLDEN TICKET MANAGER, Boyers Coffee, 7295 North Washington St., Denver, CO 80229. To be valid, mail-in participation must be postmarked by June 30, 2017 and received by Sponsor by July 7, 2017. You will receive one entry into the Sweepstakes. LIMIT: One (1) entry per stamped outer envelope. Use of any automated system to submit mail-in requests is prohibited and will result in disqualification. All entries become the exclusive property of the Sponsor and none will be acknowledged or returned. Sponsor is not responsible for late, lost, stolen, damaged, mutilated, altered, invalid, incomplete, unintelligible, illegible, nonconforming, misdirected or postage-due requests, or requests received or presented through impermissible or illegitimate channels, all of which will be disqualified. Proof of mailing is not proof of receipt by Sponsor. Method of entry does not affect your chance of winning. Winners will be selected by random drawing from all mail-in entries submitted.
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How to redeem a ticket; Limitations: An original Ticket may be redeemed and a prize claimed only by
sending your original Ticket by U.S. Mail in an envelope with proper postage to GOLDEN TICKET MANAGER, Boyers Coffee, 7295 North Washington St., Denver, CO 80229. All redemption requests must be received by Sponsor no later than July 14, 2017. Sponsor is not responsible for prize fulfillment requests that are late, lost, stolen, or damaged, mutilated, altered, invalid, void, incomplete, postage due or misdirected, or not delivered to Sponsor as described above, or for prize fulfillment deliveries by Sponsor that are late, lost, stolen, damaged. If any potential winner fails to redeem their Ticket as descried above, including, without limitation, by failing to return the documents and items required above within the required document return period, or if the potential winner is found to be ineligible, or if the potential winner does not comply with these Official Rules, then the potential winner may be disqualified, and the prize will not be awarded. Sponsor is not responsible for the failure of a potential winner to receive (or timely receive) the required documents for any reason, or for the inability of such potential winner to return (or timely return) the required documents for any reason. Upon prize forfeiture, no compensation will be given.
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Restrictions; Verification – All Prizes: All winning Tickets are subject to verification at the sole discretion of Sponsor. Tickets that are stolen, counterfeit, fraudulent, tampered with, defective, illegible, reproduced, mutilated, altered or otherwise irregular in any way are not eligible for redemption. Facsimiles, photocopies, scans and mechanically-reproduced tickets are not eligible for redemption. Tickets are not redeemable for cash. Only Tickets obtained as described in these Official Rules shall be deemed to have been obtained legitimately. Anti-fraud detection devices may be used for verification purposes. Tickets will be void if they fail to pass anti-fraud detection measures, or, if determined by Sponsor in its sole discretion, to be unauthorized, ineligible, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Promotion, or if defective, or if they contain printing, typographical or other mechanical errors or are printed or produced in error, or are illegible, or unreadable or blank. Sponsor shall have no liability or obligation to the holder of any void Ticket. Sponsor reserves the right to inspect and examine any void Ticket prior to issuing a replacement. Replacements will be issued at Sponsor’s sole discretion and will be denied in the event of non-compliance with these Official Rules. Sponsor shall have no liability or obligation with respect to any ineligible or void Ticket. Sponsor is not responsible for lost, damaged or stolen Tickets, and will not replace lost, damaged or stolen Tickets. Sponsor reserves the right to not verify prize claims or announce winners until the Promotion has ended.
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PRIZES; ODDS.
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Generally – Prizes; Vouchers; Odds: Subject to the terms and conditions of these Official Rules, each prize is “free Boyers Coffee for a year.” Prize consists of six (6) 72-count packs of Kona Blend and/or Variety Pack Boyers Coffee – that’s 432 cups of coffee; more than 1 cup / day. Approximate retail value (“ARV”) of each prize: $ 190; total ARV all possible prizes: $ 5,320. No more than twenty-eight (28) prizes will be awarded in this Promotion. Fourteen (14) winning Tickets will be exchanged with Sponsor for a prize, and up to fourteen (14) mail-in potential winners will be selected by random drawing from all mail-in entries received. Tickets have no refundable cash value. Odds of winning a Ticket are based upon the number of specially marked packages of Boyers Coffee; 1::350. Odds of winning by mail-in entry depend upon the number of participants, but will not be less than 1::350.
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General Terms, Conditions and Restrictions: Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes must be accepted as awarded. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value if any applicable prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Each winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, a winner will be issued an IRS Form 1099 for the value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Promotion may result in disqualification and forfeiture of prize. Upon prize forfeiture, no compensation will be given.
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Errors: If by reason of printing, mechanical, technical, human or other error, more prizes are claimed than the number for such prize set forth in these Official Rules, the available prizes will be awarded on a first come first served basis. No more than the number of prizes set forth in these Official Rules will be awarded in this Promotion.
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AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Promotion, each participant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor or its designee (including, without limitation, decisions regarding eligibility of Tickets, the verification of winning Tickets and winners, and the redemption and awarding of prizes), which are final and binding in all respects. Each participant must comply with all terms and conditions of these Official Rules, and winning and prize redemption are contingent upon fulfilling all requirements.
6. PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without payment, consideration, notice, review or consent.
7. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment or after, in the case of suspension or modification, or to take such other actions as Sponsor deems appropriate in its reasonable discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY 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 AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules as to any person shall not constitute a waiver of that provision or any other provision of these Official Rules as to other persons.
8. RELEASE. By participating, each participant forever and irrevocably releases and holds harmless Sponsor, Printer, their respective parents, subsidiaries, divisions, affiliates, franchisees and distributors, and their respective agents, representatives, advertising and promotion agencies, affiliates, Promotion partners (including without limitation, Sam’s Club) and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from participation’s participation and/or entry in the Promotion and/or participant’s award, redemption, receipt or use of any prize awarded in the Promotion.
9. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) late, lost, stolen, damaged, mutilated, altered, invalid, void, incomplete, or misdirected Tickets or redemption/claim requests or Tickets or redemption/claim requests received or presented through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the participation process or the Promotion; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Promotion or the processing of tickets or redemption/claim requests; or (f) any injury or damage to persons or property, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
10. DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Denver, Colorado; participant submits to sole and exclusive personal jurisdiction to said courts in Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in the Promotion but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant or Sponsor in connection with the Promotion 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 of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
11. OFFICIAL RULES. These Official Rules are available at www.boyerscoffee.com/goldenticket or by sending a self-addressed postage stamped envelope to. to “GOLDEN TICKET MANAGER, Boyers Coffee – Rules Request”, 7295 North Washington St., Denver, CO 80229. Requests must be received by September 30, 2017.
12. WINNER’S LIST. To request a list of prize winners, send a self-addressed postage-stamped envelope to “GOLDEN TICKET MANAGER, Boyers Coffee – Winner’s List Request”, 7295 North Washington St., Denver, CO 80229. Requests must be received by September 30, 2017.
13. SPONSOR. The sponsor of the Promotion and the address at which the Sponsor may be contacted is: Luna Gourmet Coffee & Tea Company, 7295 N. Washington St., Denver, CO 80229. Sponsor reserves the right to terminate this Promotion for any reason whatsoever and substitute another promotion in its place.