There is no purchase necessary to participate. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
(1) Sponsor: Peet’s Coffee, Inc. (“Sponsor”).
(2) Promotion and Description: The Promotion begins at 5:00 a.m. (Pacific Daylight) on January 7, 2019 and ends at 11:59 p.m. (Pacific Daylight) on March 31, 2019 (the "Promotion Period"). This is a promotion in which three (3) winners will be determined on the basis of random selection.
(3) Eligibility: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Rhode Island, all U.S. territories and possessions and overseas military installations) who are eighteen (18) years of age and own an Android or iPhone as of January 7, 2019. Employees, officers and directors of Sponsor, its advertising, promotional, fulfillment and marketing agencies (collectively the “Promotion Entities”), their immediate families (parent, grandparent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not), are not eligible to participate in the Promotion. Void where prohibited or otherwise restricted by law, rule or regulation. All federal, state and local laws and regulations apply.
(4) How to participate: To receive one (1) entry, take a photograph of a recipe, food or beverage creation inspired by and including Peet’s espresso (your “Photo Submission”) and publish your Photo Submission to Instagram during the Promotion Period tagging @PeetsCoffee and using the hashtag “#ADeeperDark”.
(5) Create your Photo Submission: You will need the use of an Android or iPhone, Internet access and the download of the FREE Instagram Application on the Android or iPhone to create your Photo Submission. Message, data rates or other charges may apply; check your mobile plan for rates and details.
Prepare your Photo Submission with the clear understanding it will be posted on a public website(s) for public viewing. Your Photo Submission should comply with the following:
- Your Photo Submission must feature a recipe or food creation with espresso as an ingredient
- Do not feature images of any person other than yourself and/or your immediate family and friends; i.e. individuals whom you know and who have given you their permission to appear in the Photo Submission. By including any such person in your Photo Submission you warrant you have their express permission to appear and can provide written proof of such if requested by the Sponsor.
- Using the Instagram Application prompt, create a caption that includes #ADeeperDark.
- Using the Instagram Application prompt, create a caption tagging @PeetsCoffee.
- You can optionally apply an Instagram filter to your original Photo Submission; however this is not a requirement.
- Do not include images of any object, location or building with brand names or logos, other than the Peet’s brand name or logo. (If your Photo Submission includes logos or branded images, Sponsor has the right to remove the infringing image(s) or to disqualify your Photo Submission.)
- Your Photo Submission must (a) be totally original, cannot be previously published or appear anywhere else and CANNOT contain any third party copyright protected material (including but not limited to logos, artwork or locations) or otherwise infringe on the intellectual, property or other rights of a third party; (b) must be suitable for general audiences (i.e., may not be political, discriminatory, religious or obscene or indecent, including but not limited to nudity, pornography, violent or profane depictions) and (c) must not depict or in any way violate any law or regulation.
- Your Photo Submission must not depict the Sponsor negatively.
In Sponsor’s sole opinion, Photo Submissions which do not meet any of these requirements and/or which Sponsor deems negative, offensive or controversial in any way will be disqualified and removed from public view. Without in any way limiting, expanding or amending the Terms of Service at https://www.peets.com/privacy-policy, which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Photo Submission infringes upon the rights of another person and/or receives a legally valid request to remove or invalidate the affected Photo Submission because of such infringement, such Photo Submission may be removed and disqualified from the Promotion, as Sponsor may determine in its sole discretion. No entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Photo Submission has been or can be sufficiently cleared for legal purposes and such entrant has complied with the terms of these Official Rules.
(6) How to enter your Photo Submission: Using the Instagram Application submit your Photo Submission using the hashtag #ADeeperDark and tagging @PeetsCoffee. Limit one Photo Submission per day of the promotional period. Each Photo Submission should provide unique/different content from your other Photo Submissions. There is a limit of one (1) prize per person. Participation may not be possible on all carriers. Note that proof of Photo Submission does not constitute proof of delivery or receipt.
By entering, you agree that you are giving Sponsor the right to post your Photo Submission on its website and/or public social media pages where it maintains accounts. Additionally, by entering the Promotion, you agree you are assigning and hereby assign full and complete ownership of all intellectual property rights in and to your Photo Submission and all usage rights therein to the Sponsor for use in and in relation to any of its products and the advertising, marketing, promotion and exploitation thereof in exchange for no compensation of any kind.
(7) Winner Selection and Notification: Three (3) Entrants will be randomly selected as potential winners (“Potential Winners”) in a drawing. Potential Winners will be contacted via Instagram direct message on February 4th, March 4th and April 4th, 2019 (“Prize Notification”). One (1) Entrant will win during each Prize Notification period.
The Potential Winner must provide by email, within forty-eight hours (48) hours of the date of the Prize Notification (the “Deadline”), the Potential Winner’s full name, email address and phone number. If the Potential Winner does not respond to the Prize Notification by the Deadline with the requested information, he/she will be disqualified, and an alternate winner will be selected from all remaining eligible entries received for the original drawing (“Alternate Potential Winner”). The return of any Prize Notification delivered via email as undeliverable, the inability of Sponsor to contact Potential Winner or the failure of Potential Winner to contact Sponsor in a timely manner will result in disqualification, and an Alternate Potential Winner will be selected, and Sponsor shall repeat the winner selection and notification procedures set for in this section until a qualified Prize Winner (each a “Prize Winner”) has been selected. In the event the Sponsor cannot determine any given Prize Winner in time for that winner to make use of the Prize, which Prize will be forfeited and will not be awarded.
Three (3) Prize Winners will receive the following (collectively, the “Prize”):
A twelve (12) month subscription of Peet’s Espresso Variety Pack.
Approximate Retail Value (ARV): $360
There are a total of three (3) prizes available with a total retail value of all prizes of $1,080. The odds of winning any prize depend upon the total number of eligible entries received.
(9) Additional Conditions: Sponsor reserves the right to verify eligibility of all Entrants. Any questions regarding this Promotion should be directed only to the Sponsor and not to Instagram; see contact information in Section 15 below. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
(11) Right to Use Your Work and Information About You: By submitting an Entry, you: (a) represent and warrant that your Photo Submission is your wholly original work, not previously published, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Photo Submission does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) agree with all terms and conditions as set forth in these Official Rules; (c) warrant that you have the express permission of any individual appearing in your Photo Submission the right to use their image and if requested by the Sponsor can provide written proof of such; (d) automatically grant to the Sponsor an exclusive, world-wide, royalty free, irrevocable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Photo Submission; (e) agree that upon selection as a winner of any prize, you agree that your Photo Submission shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of the Sponsor; (f) agree that upon selection as a winner of any prize, in the event your Entry is considered not to be a "work made for hire," you irrevocably assign to the Sponsor all right, title, and interest in and to your Photo Submission (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade; and (g) agree that by submitting an entry, you grant to the Sponsor the right to sell and otherwise distribute your Photo Submission on any of its websites or in any of its advertising and/or products without any compensation. The rights granted under this paragraph shall extend to the Sponsor and its affiliated companies with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.
By submitting an Entry, you grant to the Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, the Photo Submission in your entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Sponsor, its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e mail address, biographical information, or entry. The rights granted under this paragraph shall extend to the Sponsor, its affiliated companies with respect to all entrants in the Promotion, including non-winners and winners. The Sponsor however, does not have any obligation to use the winning or non-winning Entries for any purpose.
(12) General: All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. If, during either the entry period, for reasons beyond the Sponsor’s control (including, but not limited to, tampering or computer virus infection), the Promotion is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel or modify the Promotion, without liability and to the extent feasible, will determine winners and award prizes among entries received prior to cancellation or modification. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries, which are incomplete, inaccurate, irregular, or otherwise not in compliance with these Official Rules, are void.
All federal, state, and other taxes on prizes are the sole responsibility of the applicable winner(s). There are no prize substitutions or options available. No prize recipient shall be permitted to replace his/her designated prize with another prize or item, transfer any prize or redeem his/her prize or any portion of the prize for cash. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. If, during the Overall Promotion Period, for reasons beyond the Sponsor’s control (including, but not limited to, tampering or computer virus infection), the Promotion is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel or modify the Promotion, without liability and to the extent feasible, will determine Winners among Photo Submissions received prior to cancellation or modification. Photo Submissions, which are incomplete, inaccurate, irregular, or otherwise not in compliance with these Official Rules, are void. No automated entry devices and/or programs permitted. All entries, including Photo Submissions, become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.
(13) Release of Liability and Issues of Law: By participating, all entrants release, Peet’s Coffee, Instagram and their respective parents, affiliates, partners, subsidiaries, and advertising, promotion, fulfillment and marketing agencies and all of their respective officers, directors, agents, employees and all entities associated with the development and execution of this Promotion (collectively, “Released Parties”) from any and all liability with respect to and in any way arising from participating in this Promotion and/or acceptance or use of any prize. Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; 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 difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, or the announcement of the prizes. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or Entry of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion and to the extent possible, determine winners from all eligible, non-suspect Entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
This Promotion is governed by all applicable Federal, state and local laws and regulations are applicable. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE PROMOTION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
(14) Winner's List/Rules: For a copy of the Official Rules send a legal-size, self-addressed, stamped envelope to: “Peet’s Espresso Capsule Giveaway”, c/o Peet’s Coffee, 1400 Park Avenue, Emeryville, CA 94608.
For a list of the winners, send a self-addressed, stamped envelope to: “Peet’s Espresso Capsule Giveaway”, c/o Peet’s Coffee, 1400 Park Avenue, Emeryville, CA 94608.
(15) Communication: If you have any questions or comments regarding this Promotion send an email to firstname.lastname@example.org with a subject line of “Peet’s Espresso Capsule Giveaway”.
(16) Sponsor: Peet's Coffee
1400 Park Avenue
Emeyrville, CA 94608-3520