Cup of Joe Sweepstakes
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below.
- SWEEPSTAKES PERIOD. The “Cup of Joe” Sweepstakes (the "Sweepstakes") begins at noon on Wednesday, April 29, 2020 in Pacific Time (“PT”) and ends at noon PT on Thursday, April 30, 2020 (“Sweepstakes Period”). The Sponsor of this Sweepstakes is Quibi Holdings LLC located at 6555 Barton Ave, Los Angeles, CA 90038 ("Sponsor"). Sweepstakes is in no way sponsored, endorsed or administered by Instagram or Twitter.
- ELIGIBILITY. Sweepstakes is open only to legal residents of the United States who are physically located and residing therein. Each entrant ("Entrant") must be at least eighteen years of age at the time of entry. Each Entrant must be the rightful owner (or have authorized use) of the email address identified in the Entrant's entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person associated with the provided email address or social media account. Employees, shareholders, officers, directors, agents, and representatives of Sponsor and its parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Sweepstakes. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
- HOW TO ENTER: Entrants may participate in the Sweepstakes by a) following @quibi on Twitter and retweeting the Joe Jonas promotional tweet by @quibi on the thread that links to these terms, b) following @quibi on Instagram and commenting on @quibi’s Joe Jonas promotional tweet with these terms in the description with “#CupOfJoeContest”, or c) emailing us at email@example.com with the subject line “Cup of Joe” during the Sweepstakes Period. No purchase or payment is necessary to win. Each completion of the task results in (1) entry into the Sweepstakes. Limit of one (1) entry per person for the duration of the Sweepstakes Period. Entry must be received during the Sweepstakes Period described above. If entries exceed the entry limitations, the Entrant may be disqualified, at the Sponsor's sole discretion. Specifically, any users known to create multiple social media accounts to submit multiple entries will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Entrants must accurately provide all of the requested information to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period at any time prior to the start of the Sweepstakes period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on https://quibi.com/.
- ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Three (3) Winners will be selected.
- PRIZE: Each winner will receive a Cup of Joe branded mug, t-shirt, and sweater.
ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. This prize has no cash or monetary value. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Limit one prize per household. The prize and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
- WINNER SELECTION AND NOTIFICATION: Potential Winner will be selected in a random drawing conducted by Sponsor from all eligible entries starting on April 30, 2020 and until all Winners are selected. The potential Winner will be notified by social media DM and/or email at the Sponsor’s sole discretion once they are selected. The potential Winner will be required to respond (as directed by Sponsor) to the notification within twelve (12) hours (or a shorter time if required by exigencies) of first attempted notification and confirm their name, age, address, and country. TIME WILL BE OF THE ESSENCE IN AWARDING THIS PRIZE. The failure to respond timely to the notification may result in forfeiture of the prize and Sponsor will randomly select an alternate winner from the remaining eligible entries. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules.
- CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that he or she may win, each Entrant agrees to release Sponsor, any social media platform used to participate (i.e., Instagram and Twitter), and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of the prize. Each Entrant authorizes Sponsor to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials at Sponsor’s sole discretion without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Sweepstakes; (v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- INDEMNITY: Winner and guest shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Winner’s or guest’s participation in the Sweepstakes and Trip; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
- DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
- ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) 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 Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- WINNER LIST/OFFICIAL RULES: If you’re in a jurisdiction where we are required to provide a copy of the Winner list or a copy of these Official Rules, you can send your request along with a stamped, self-addressed envelope to the "Cup of Joe Sweepstakes Winner List/Rules, 6555 Barton Ave, Los Angeles, CA 90038.” Requests for the names of the winners must be received no later than May 15, 2020. Vermont residents may omit return postage.