TOP OF THE MORNIN COFFEE GIVEAWAY Official Rules
This giveaway (“Giveaway”) is sponsored by Top of the Mornin’ Coffee (“TOTM”) and is open to customers from applicable countries in the United States and shall be construed according to, and governed by, U.S. law.
Notwithstanding anything to the contrary contained herein, this Giveaway is void in jurisdictions where local law/compliance restricts, prohibits or otherwise requires changes or additions to these rules and terms.
The Giveaway begins on or about November 4, 2022 at noon and ends on November 7, 2022 at 12:00 a.m. (the “Giveaway Period”). You acknowledge that dates for such Giveaway Period are subject to change in TOTM’s sole discretion. At the end of the Giveaway Period, ten (10) entrants will be notified as the Prize (as defined below) winners (“Winner”), as set forth below. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules as follows:
NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE GIVEAWAY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Only legal residents of the Eligibility Area who are eighteen (18) years of age and older are eligible to enter.
Only persons comply with the following entry requirements are eligible.
Entries are captured through entries given via submission to TOTM through one of the following ways:
Each of the above shall be referred to herein as a “Submission”.
TOTM is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, or postage-due entry submissions (if applicable), which may be judged void. Entries by any method other than those set forth above are void. Limit one (1) entry per person and/ or household, email address and/or wireless phone number, regardless of the method of entry. Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by TOTM of an entry for this Giveaway. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to TOTM's satisfaction, the affected entry will be deemed ineligible.
By submitting any Submission, participant agrees that participant’s disclosure is gratuitous, unsolicited and without restriction and will not place TOTM under any fiduciary or other obligation, that TOTM is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to participant. Participant acknowledges that, by acceptance of participant’s Submission, TOTM does not waive any rights to use similar or related ideas previously known to TOTM, or developed by its employees, or obtained from sources other than you.
If applicable, by sending or transmitting to TOTM any Submission, participant hereby grants to TOTM and its designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to participant. The foregoing license to TOTM shall be fully paid-up and royalty free. Participant represents and warrants that any person or entity named or pictured in such Submission has provided any necessary licenses, rights or authorizations to allow TOTM’s use of such Submission in accordance with such license.
WINNER SELECTION AND NOTIFICATION
1: “Like” the requisite post;
2. “Tag” two (2) friends; and
The Winners will be selected by TOTM randomly on or around November 7, 2022 at noon. TOTM shall make the Winners list available on its website at topofthemornincoffee.com. TOTM shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit his or her Prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to award, such potential Winner will be disqualified, and an alternate Winner may be selected.
DESCRIPTION OF PRIZE / ODDS
Each of the ten (10) Winners will receive one (1) Coffee and Tea Lover’s Box.
The odds of winning the Prize depends on the number of eligible entries received. GENERAL PRIZE CONDITIONS
Prizes will be awarded only if the potential Winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable. All details and other restrictions of prizes not specified in these Official Rules will be determined by TOTM in its sole discretion. No cash alternative or substitution will be allowed, except TOTM reserves the right in their sole discretion to substitute prize(s) of comparable value if the Prize is unavailable, in whole or in part, for any reason. EACH WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS (INCLUDING INSURANCE) ASSOCIATED WITH THE APPLICABLE PRIZE.
Potential Winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TOTM HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT AND/OR THE APPROXIMATE VALUE OF ANY PRIZE.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
Acceptance of the Prize constitutes Winner’s permission for TOTM to use Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state). By participating or accepting the Prize, Winner hereby releases, discharges and covenants not to sue TOTM, and any of their affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities (collectively, “Released Parties”), in respect of any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorney fees (“Claims”) that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Giveaway, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize). Winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorney fees, that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Giveaway, use of the Prizes, or for Winner’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Released Parties assume no responsibility for any damage to a Winner’s or any other person’s computer system or wireless phone which is occasioned by participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. TOTM reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and TOTM reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. TOTM reserves the right to modify, extend, suspend or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond TOTM’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event TOTM is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man- made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., COVID/SARS), order of any court or jurisdiction, or other cause not reasonably within TOTM’s control (each a “Force Majeure” event or occurrence), then TOTM shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before its designated end date, TOTM will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of TOTM. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THERIGHTS AND OBLIGATIONS OF ENTRANTS OR TOTM IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.
By participating in this Giveaway, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, TOTM relating to, arising out of or connected in any way with (i) the Giveaway, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (the “Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Giveaway. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or TOTM’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or TOTM. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.