Scottsdale Grand Opening Sweepstakes Rules

The Coffee Bean & Tea Leaf® Scottsdale N. 90th Free Coffee for a Year Rewards Drawing

OFFICIAL RULES

 

OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, 18 YEARS OF AGE OR OVER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.  AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY/ PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

 

BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. 

 

  1. ELIGIBILITY:  The Coffee Bean & Tea Leaf® Scottsdale N. 90th Free Coffee for a Year Rewards Drawing (the “Promotion”) is open only to legal residents of the United States 18 years of age or older and who are valid The Coffee Bean® Rewards members.  Employees, officers and directors of International Coffee & Tea, LLC’s d/b/a The Coffee Bean & Tea Leaf® (the “Sponsor”), Sponsor franchisees and their respective licensees, affiliates, subsidiaries, advertising and promotion agencies, and the immediate family members (spouses, siblings, children, parents, grandparents, grandchildren and spouses of the foregoing, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible.

 

  1. TO ENTER:  The Promotion begins on June 29, 2023 at 5AM PST and ends on June 29, 2023 at 8PM PST (“Promotion Period”). During the Promotion Period,  a The Coffee Bean® Rewards member can enter by either (1) checking-in using The Coffee Bean® Rewards app while visiting the The Coffee Bean & Tea Leaf® Scottsdale N 90th retail location located at  9380 N. 90th, Scottsdale, CA 85258, or (2) by entering the mandatory information found here: https://bit.ly/scottsdale-sweepstakes-entry.   (“Entry”).

 

By becoming a The Coffee Bean® Rewards member, you consent to the terms of the Rewards Program (found here https://www.coffeebeanrewards.com/terms) and by using the app you consent to marketing and accept the practices described in the Privacy Policy posted at https://www.coffeebean.com/privacy-policy.

 

Limit 1 Entry per person.  It is solely the responsibility of the entrant to notify Sponsor of any changes in the entrant’s information subsequent to the date of Entry.

 

  1. RANDOM DRAWINGS:  There will be a random drawing for the Promotion of all eligible Entries. The random drawing will be conducted at a time and day in Sponsor’s sole discretion following the Promotion Period the close of the Promotion Period, but no later than 6/30/23. All drawings will be conducted by Sponsor in its sole discretion, and decisions of the Sponsor as to the selection of the winner(s) will be final.

 

  1. Prize: The “Prize” shall be an offer in the member’s The Coffee Bean® Rewards App once daily that will entitle the winner to one (1) regular size FREE regular sized handcrafted beverage every day until 7/2/24 The Prize: is good for one (1) drink only, at The Coffee Bean & Tea Leaf® retail locations.  Paid modifiers not included and will be subject to cost. Tax and gratuity not included. The Prize cannot be redeemed for cash, except if required by law. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  Prize is inclusive of any applicable taxes. All taxes as applicable on or connected with any Prize are the sole and exclusive responsibility of a Winner. Prize is non-transferable. Prize and prize components may be substituted for any reason at the discretion of the Sponsor. There is no skill-testing requirement that a Winner has to satisfy in order to claim a Prize.

 

Potential winners will be notified via email and in-app. In addition, a potential winner may be required to agree to an affidavit of eligibility/release of liability/prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit to receive his or her Prize. If any potential prize winner is found to be ineligible, fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prize winner, such potential Prize winner may be disqualified and an alternate winner may be selected in Sponsor’s sole discretion.

 

  1. ODDS OF WINNING:  The odds of winning will depend upon the total number of eligible Entries received. 

 

  1. GENERAL:  By participating, entrants agree: [a] to abide by and be bound by these Official Rules and decisions of Sponsor which shall be final in all respects relating to the Promotion, including without limitation the interpretation of these rules; [b] to indemnify, release, discharge and hold harmless Sponsor, and their respective subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Promotion (the “Released Parties”) from any and all injuries, liability, losses, damages, rights, claims and actions of any kind resulting from their participation in the Promotion or their acceptance, use or misuse of a prize; and, if a winner, [c] to the use of his/her name, voice, image and/or likenesses for advertising, publicity and promotional purposes without further compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so.  Each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules.  Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list.  Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void.  Released Parties are not responsible and shall not be liable for:  [a] telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any error (human or otherwise) which may occur in the processing of entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] entries which are late, misdirected, unintelligible, garbled or incomplete, or are not recorded or cannot be completed for any reason; [d] late, lost, misdirected, mutilated, incomplete, illegible or postage-due entries or mail; or [e] any condition caused by events that may cause the Promotion to be disrupted or corrupted.  If, for any reason whatsoever, this Promotion, in Sponsor’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Promotion and limit entries to those legitimately submitted prior to the action taken, and/or to award the prizes in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.  No more than the stated number of prizes will be awarded.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  If due to a printing, technical or other error, or any other reasons cause more than the stated number of prizes, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes (not yet awarded) by a random drawing from among all legitimate eligible prize claimants in that category.  In the event of a dispute regarding the identity of the person submitting an entry via the survey, the entry will be deemed to be submitted by the “authorized account holder” associated with any given telephone number or email account at the time of entry, who must comply with these Official Rules.  Potential winners may be required to provide evidence (to the Sponsor’s satisfaction) that they are the authorized account holder of the telephone or e-mail address associated with a winning entry.  The authorized account holder is defined as the natural person [a] who is assigned to a telephone number by a telephone service provider or [b] who is assigned an e-mail address by an internet access provider, an online service provider, or another organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or any website associated therewith; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  All entries become property of Sponsor. No prize transfer or cash redemption.  No prize substitution except by Sponsor due to prize unavailability, in which case a prize of comparable or greater value will be awarded.  All federal, state and local regulations apply.

 

For a copy of these Official Rules, email digitalmktg@coffeebean.com, to:  The Coffee Bean & Tea Leaf® Scottsdale Rewards Drawing. Additionally, a copy of these rules shall be posted during the Promotion Period at https://coffeebean.com.

 

7.  GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the conduct of the Promotion; the construction, validity, interpretation and enforceability of these Official Rules; or the rights and obligations of entrants or Sponsor in connection with the Promotion will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles, and any actions, arbitrations, claims or suits shall be held in the State of California. If for any reason a claim proceeds in court rather than in arbitration described below, Sponsor and Entry each waive any right to a jury trial.

 

BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

8.   DISPUTE RESOLUTION: The parties agree that any dispute or claim or legal action arising out of or relating in any way to the conduct of the Promotion or these Official Rules will be resolved by binding arbitration, rather than in court, except that entrants may assert claims in small claims court if the claims qualify. 

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to The Coffee Bean & Tea Leaf® Scottsdale Rewards Drawing, 1800 Vine Street, Los Angeles, California 90028, ATTN: Legal. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

 

9. WINNER LIST:  For a list of winners, email digitalmktg@coffeebean.com by July 14, 2023.  Winner list will be available after July 1, 2023 .

 

10. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

11. SPONSOR:  The Promotion is sponsored by International Coffee & Tea, LLC d/b/a The Coffee Bean & Tea Leaf, 1800 Vine Street, Los Angeles, California 90028.  Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.