Peet’s Coffee Cold Brew Cruiser 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: Peet’s Coffee, Inc., 1400 Park Avenue, Emeryville, CA 94608 (“Sponsor”)
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 8:00 a.m. Pacific Time (“PT”) on January 20, 2023 and ends at 11:59 p.m. PT on January 26th, 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, Tennessee, Hawaii, and Alaska) who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence 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, its 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 reserves the right to verify the eligibility of all Entrants. Void in Rhode Island, Tennessee, Hawaii, Alaska 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. HOW TO ENTER: During the Sweepstakes Period, an eligible Entrant must follow the steps below to receive one (1) entry into the Sweepstakes: • Like the Peet’s Coffee Sweepstakes post on Instagram on January 20th, 2023 through January 26th, 2023 AND • Tag a friend in the comments/replies AND • Follow Peet’s Coffee’s Instagram profile OR • Email email@example.com with entrant’s full name and mention of submission for the “Peet’s Coffee Cold Brew Cruiser” sweepstakes.
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 January 27th, 2023 Sponsor will randomly select one (1) potential Grand Prize winner (“Potential Winners”) 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 Winners will be contacted by Sponsor via social media, phone, email, and/or by mail on or before January 27th, 2023 (“Prize Notification”). The Potential Winners must confirm Prize acceptance within three (3) days of such Prize Notification. To be confirmed as the Prize winner (“Prize Winner”), a Potential Winner will be required to sign and return within three (3) 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 Winners are 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 three (3) days of Prize Notification, fails to sign and return within five (5) 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 or Potential Runner Up 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, Peet’s Coffee will deliver the Prize by mail or email within fourteen (14) days. 6. PRIZE: Prize: one (1) Custom Peet’s “Cold Brew Cruiser” Trike equipped with two draft beverage kits (one with lines to connect to a Nitrogen tank and one paired with a jockey box and empty CO2 tank) for serving beverages on tap. One (1) Keg cleaning kit. One (1) case of Peet’s Cold Brew concentrate.
Approximate Retail Value (“ARV”) of the Grand Prize: Approximately $3,500.00
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.
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 CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) ANY ERROR THAT MAY PREVENT AN ENTRANT FROM SUBMITTING AN ENTRY; (B) UNAUTHORIZED HUMAN INTERVENTION IN THE SWEEPSTAKES; (C) PRINTING OR TYPOGRAPHICAL ERRORS IN MATERIALS ASSOCIATED WITH THE SWEEPSTAKES; (D) LOST OR LATE ENTRIES; (E) ERRORS IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; (F) ALLEGED OR ACTUAL VIOLATIONS OF RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL; (G) TELEPHONE, ELECTRONIC, HARDWARE, SOFTWARE, NETWORK, INTERNET, OR OTHER COMPUTER- OR COMMUNICATIONS-RELATED MALFUNCTIONS OR FAILURES; OR (H) INJURY, DEATH, OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OF ANY PRIZE, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEES. ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES.
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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR OR RELEASED PARTY.” 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 Peet’s Coffee. 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 April 26, 2023, to: Peet’s Social Team, 1400 Park Avenue, Emeryville, CA 94608. The Winners List may also be posted on Peet’s Coffee Facebook, Twitter, Instagram and Sponsor’s other marketing channels. For a copy of the of the Official Rules visit www.peets.com or send a legal-size, self-addressed, stamped envelope to: Peet’s Social Team, 1400 Park Avenue, Emeryville, CA 94608. [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. © and ™ 2023, Peet’s Coffee, Inc. All rights reserved.