HOUSE PARTY, INC.
“Barista Prima® European Style Coffee House Party® Host Spot Sweepstakes”
Important: Please read these rules before entering this Sweepstakes. By participating, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. GENERAL. The House Party, Inc. “Barista Prima European Style Coffee House Party® Host Spot Sweepstakes” (the “Sweepstakes”) is a sweepstakes where host applicants of the Barista Prima European Style Coffee House Party will have a chance to be selected as a host for the Barista Prima European Style Coffee House Party. Ten (10) eligible entrants will be selected as a host for the upcoming Barista Prima European Style Coffee House Party including receipt of a Party Pack. To be entered into the Sweepstakes, online entrants must have completed a host application by October 6, 2011 to host the Barista Prima European Style Coffee House Party on November 12, 2011. The foregoing is a general description only of the Sweepstakes and is qualified in its entirety by these Official Rules. Barista Prima® and Barista Prima Coffeehouse® are registered trademarks of Green Mountain Coffee Roasters, Inc., used with permission.
2. ELIGIBILITY. The Sweepstakes is only open to entrants who, at the time of entry, (a) have completed a host application by October 6, 2011 to House Party, Inc. (“Sponsor”) to be a host of a Barista Prima European Style Coffee House Party on the national Sponsor party date of November 12, 2011 (or such other date as is determined by Sponsor and its event partners) and upload a photo or comment on a featured announcement on the site as detailed at www.houseparty.com/event/baristaprima, (b) are legal residents of the United States, (collectively, the “Sweepstakes Territory”), and (c) are at least twenty-one (21) years old. The Sweepstakes is void outside the Sweepstakes Territory; and where prohibited or restricted by law. Employees, officers and directors of Sponsor and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, 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. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the Sweepstakes Territory, and contestants must be present in Sweepstakes Territory at the time they enter.
3. TIMING. The Sweepstakes entry period begins at 10:01 a.m. Eastern Time on September 12, 2011 and ends at 10:00 p.m. Eastern Time on October 6, 2011 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
4. HOW TO ENTER. There is (1) way to enter this Sweepstakes: (1) online (which requires posting a comment where noted on the site).
a. TO ENTER ONLINE. TO BE ENTERED INTO THE SWEEPSTAKES USING THE ONLINE METHOD OF ENTRY, YOU MUST SUCCESSFULLY COMMENT ON A FEATURED ANNOUNCEMENT ON THE SITE AS DETAILED AT WWW.HOUSEPARTY.COM/EVENT/BARISTAPRIMA AFTER HAVING SUCCESSFULLY COMPLETED A HOST APPLICATION BY OCTOBER 6, 2011 FOR THE BARISTA PRIMA EUROPEAN STYLE COFFE HOUSE PARTY TO BE HELD ON NOVEMBER 12, 2011. THE SUBMISSION PERIOD WILL BE FROM SEPTEMBER 12, 2011 AT 10:01 a.m. EASTERN TIME UNTIL OCTOBER 6, 2011 AT 10:00 p.m. EASTERN TIME. YOU CANNOT BE ENTERED IF YOU HAVE NOT ALREADY COMPLETED A HOST APPLICATION FOR THE BARISTA PRIMA EUROPEAN STYLE COFFE HOUSE PARTY BY SEPTEMBER 27, 2011. All online entries must be received by Sponsor during the Entry Period. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
LIMIT: One (1) entry per person in this Sweepstakes, regardless of method of entry. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period. All entries, including photos, along with all copyright, trademark and other proprietary rights associated therewith, become the exclusive property of Sponsor upon submission, and none will be acknowledged or returned. Without limiting the generality of the foregoing, you acknowledge that Sponsor will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and noncommercially exploit the entry materials, in any manner or medium existing or hereafter developed, including the passing of all rights to its client without separate compensation to you or any other person or entity. You agree to take, at Sponsor's request, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph. Proof of online submission or mailing will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant 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 entrants, verifications of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects. By accepting a prize in this Sweepstakes, a winning host 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 entrants, verification of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
6. DRAWING; ODDS; NOTIFICATION. On or about October 10, 2011, Sponsor will randomly select the ten (10) potential prize winners from among all eligible entries received by Sponsor in the Sweepstakes during the Entry Period. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. The entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be notified by phone, letter (by postal or overnight delivery) and/or email. As a condition of winning any prize, a potential winner may be required to execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor or its designee in order to claim his/her prize. Such Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within such documents. If a potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor or its designee in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and, as a condition to winning any prize, will be required to return the required documents to Sponsor or its designee as described above. Sponsor is not responsible for fraudulent calls, emails or other correspondence made to entrants by third parties.
a. Subject to the terms and conditions of these Official Rules, ten (10) prizes will be awarded in this Sweepstakes. The aggregate approximate retail value (“ARV”) of all prizes to be awarded in this Sweepstakes is less than $1,000.00.
b. Ten (10) Grand Prizes will be awarded in this Sweepstakes. The Grand Prize is the selection as a host and award of a Party Pack for the Barista Prima European Style Coffee House Party.
c. Prizes are nontransferable and nonassignable, and are not refundable, and must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Unused components of a prize shall be forfeited and have no redeemable cash value. No cash redemption or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if a prize (or component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use, including, without limitation, all foreign, federal, state and local taxes and assessments on the prize (including, without limitation income taxes). If applicable, winner will be issued an IRS Form 1099 for the actual value of the prize won. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem a prize. LIMIT: One (1) prize in this Sweepstakes per person and household.
8. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes each 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 further payment, consideration, notice, review or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, 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 Sweepstakes. 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. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person 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 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 shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or such entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received 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 entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, 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.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, 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 New York, New York; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York 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 entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant 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 entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. OFFICIAL RULES. These Official Rules are available at www.houseparty.com/event/baristaprima, or by sending a self-addressed postage-stamped envelope to “Barista Prima European Style Coffee House Party Host Spot Sweepstakes – Rules Request”, c/o House Party, Inc., One Bridge Street, Suite 3, Irvington, NY 10533.
15. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Barista Prima European Style Coffee House Party Host Spot Sweepstakes– Winner’s List Request”, c/o House Party, Inc., One Bridge Street, Suite 3, Irvington, NY 10533. Requests must be received by October 31, 2011.
16. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is House Party, Inc., One Bridge Street, Suite 3, Irvington, NY 10533.