Giveaway Terms and Conditions
No purchase necessary. Purchase will not improve chances of winning.
SPONSORS AND PROMOTION PARTIES
The sponsors of this promotion are Nepal Tea LLC, 4414 47th Ave., Unit B1, Woodside, NY 11377. Questions about this contest should be directed to: email@example.com. Sponsors are offering free products (the “Promotion”).
The Promotion starts when the contest is posted to either the Nepal Tea Facebook https://www.facebook.com/nepalteallc and the Nepal Tea Instagram https://www.instagram.com/nepalteallc/, or any collaborators’ social media accounts, or as otherwise specifically noted in the Promotion announcement. The Promotion ends on July 31, 2020 at 11:59PM PST. Winner will be selected by the time noted in the "Notification" section below.
The Promotion is open to legal residents of the United States of America, who are 21 years of age or older at time of entry, and are registered users of one or more of the following: Facebook and Instagram (the Social Networks).
Officers, directors, and employees of Sponsor, subsidiaries, and affiliated companies, retailers, sales representatives, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this promotion (collectively, the "Promotion Parties") and the immediate family members (defined as parents, spouse, children, siblings, grandparents), and all those with whom such employees are domiciled (whether related or not), are NOT eligible to participate.
HOW TO ENTER
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, OR PROOF-OF-PURCHASE IS NECESSARY TO PARTICIPATE.
During the Entry Period, enter the Promotion by signing up with an email address, name, and answer to the following question: “How did you discover Nepal Tea?” through a submission form linked on the Social Networks (Facebook or Instagram) on which the Promotion is announced. One (1) winner will be selected from the qualifying entries.
Each Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original work and not include any material owned or controlled by third parties (including without limitation, third party copyrighted material) and may not have won an award for any other contest; (ii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserve the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Promotion); and (iii) the Submission must not include any content that is obscene, pornographic, libelous or otherwise objectionable. Any Submission that, in Sponsor's sole discretion, violates the Submission Requirements may be disqualified. Submissions must be received by the end of the applicable Entry Period to be entered into the Promotion. All entry information becomes the property of Sponsor and will not be acknowledged or returned. Except as otherwise disclosed in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, any information collected through the Promotion shall be used only in a manner consistent with the consent given by the entrants at the time of entry, with these Official Rules. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.
Entries that do not comply with these Official Rules, as determined in Sponsor's sole discretion, will be disqualified from the Promotion. Decisions of the Sponsor Party are final and binding.
NOTE: By entering, all entrants agree to give Sponsor permission to use his/her name and likeness in accordance with “Entrant's Grant of Rights” section below. Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Social Network because of such infringement, such Submission may be disqualified from the Promotion, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determine, in its sole and absolute discretion, which such entrant’s Submission has been or can be sufficiently declared for legal purposes. Any individual who attempts to enter, or in the sole discretion of Sponsor is suspected of entering in excess of these limits or submits Submissions in excess of the disclosed maximum, by any means, including but not limited to establishing multiple accounts, will be disqualified from participation in this Promotion. In the event of a dispute over the identity of an entrant, the entry will be declared made by the authorized holder of the Social Network account on which the submission is submitted at the time of entry, and the entrant may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her email or postal address during the Contest Period. Proof of submission of entry does not constitute proof of delivery or entry. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Sponsor shall have no liability for any Submission that is lost, intercepted or not received by Sponsor. The Promotion Party shall not be responsible for incorrect or inaccurate entry information whether caused by Internet or other network users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of the entries in the Promotion. The Promotion Party assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
JUDGING AND VOTING
One (1) Winners will be selected. The Judging Criteria are to be applied in the sole discretion of Sponsors; each entrant agrees to be bound by and not challenge the final decisions of Sponsors.
All results of the selections are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate.NOTIFICATION
Potential Prize Winner will be notified by the Sponsor Party, whose decision is final and binding on all matters relating to this Promotion. Sponsor will notify potential winners on or by August 1, 2020 at 11:59PM PST.
Sponsor will attempt to notify the potential Prize Winner by announcing the winner on the Social Network on which the Submission was entered and providing a method for the winner to contact the Sponsor. The potential winner must then contact Sponsor using the contact information provided within 72 hours of notification or an alternate will be awarded. Potential Prize Winner subject to eligibility verification and compliance with these Official Rules. Each potential Prize Winner may be required to execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents") within five (5) days of notification in order to receive prize delivery. If any required information is not returned within the number of days specified in the notification correspondence, or if any notification is returned as undeliverable, then the prize may be forfeited and an alternate Prize Winner will be selected at the Sponsor's sole discretion. Designation as a Prize Winner is subject to entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by Sponsor. Each entrant acknowledges that other entrants may have created ideas and concepts contained in his/her entry that may have familiarities or similarities to his/her entry, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Party because of these familiarities or similarities. The decisions of the Promotion Parties is final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules.
If a potential Winner cannot be contacted, fails to claim the prize within the time specified, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, the prize is forfeited.
If the Winner cannot be contacted, fails to claim the prize within the time specified, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected from all remaining eligible entries. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
The Winner will be selected from a random draw. The prize for this contest is:
- A year’s worth of Nepal Tea teas ($130 retail value)
- A Wall Tea Infuser mug ($29.99 retail value)
Sponsor is not responsible for lost or destroyed prizes and none will be replaced. No cash alternative or prize substitutions allowed, except Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised, prize becomes unavailable. Prizes are non-transferable. Prizes may not be sold, bartered, or exchanged by winners. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a prize, the winner acknowledges compliance with these Official Rules. ALL FEDERAL, STATE, OR OTHER TAX LIABILITIES ARISING FROM THIS PROMOTION ARE THE SOLE RESPONSIBILITY OF THE WINNER; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. ALL PRIZES PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. No more than the listed number of prizes will be awarded. All other expenses relating to acceptance of a prize, including but not limited to taxes and any other expenses not specified herein are the sole responsibility of winner. Prize conditions may be added or modified by Sponsor, in its sole discretion.
By entering into this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. These Official Rules are accessible throughout the Contest Period.
Failure to comply with these Official Rules may result in disqualification. This Promotion is subject to the laws of the United States. Sponsor reserve the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION:
Each person who enters this Promotion represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By entering, each entrant agrees to hereby indemnify and hold harmless the Promotion Parties from any and all third party claims, actions, proceedings or damages of any kind (including reasonable attorneys' fees) arising from, or relating to, the breach or alleged breach of the representations, warranties or agreements herein, your entry, or your conduct in creating your entry or otherwise in connection with this Promotion.
LIMITATIONS OF LIABILITY
The Promotion Party assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion or for miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers; inaccessibility or unavailability of the Internet or any combination thereof; or any injury or damage to the entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion or access or download any materials from the Social Network. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserve the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man- made epidemic of health or 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, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner(s) 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.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSORS IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OREGON AND THE UNITED STATES OF AMERICA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN THE STATE OF OREGON, U.S.A.
NO LIABILITY & INDEMNIFICATION
Sponsor and Promotion Parties are not responsible for, and entrants release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Promotion, or Sponsor's ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Promotion in the manner intended. Entrants further release and agree to indemnify Sponsor and Promotion Parties from any and all liability, claims, or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Promotion including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any travel or prize-related activity; (c) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant, Sponsor or Promotion Parties.
Decisions of Sponsor on all matters related to the Promotion are final. Sponsor reserves the right to cancel or modify the Promotion for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Promotion, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Promotion as determined by Sponsor, in its sole discretion. Sponsor reserve the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Entrants consent to receive emails from Nepal Tea LLC regarding the giveaway and other updates, newsletters, and other materials and can unsubscribe at anytime. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSORS RESERVE THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
NO AFFILIATION WITH FACEBOOK OR INSTAGRAM
Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Any questions, comments, or complaints regarding the promotion should be directed to Sponsor, not to Facebook or Instagram.