YOGI® TEA GIVEAWAY OFFICIAL RULES

YOGI® TEA GIVEAWAY OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW. 

 

ELIGIBILITY:   The Yogi® Tea Giveaway ( hereinafter, “Sweepstakes”) is open to legal residents of the United States who are age 21 or older and have an Instagram account and email address. Entrant must follow these Rules to be eligible to win. Failure to comply with these Rules will result in ineligibility or disqualification of Entrant. This Sweepstakes is void where prohibited or restricted by law.

THIS SWEEPSTAKES IS NOT ADMINISTERED OR ENDORSED BY INSTAGRAM, OR IN ANY WAY ASSOCIATED WITH INSTAGRAM.

 

ELIGIBILITY EXCLUSION: Not open to Yogi’s (as defined below) employees and members of an employee’s immediate family.  The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

 SWEEPSTAKES SPONSOR:  The Sweepstakes is sponsored by East West Tea Company, LLC, doing business as “Yogi” (the “Sponsor”).

 

SWEEPSTAKES PERIOD:  The Sweepstakes begins when the most recent Instagram post with “Giveaway” noted in the post caption goes live on the @yogitea Instagram 8/28/2023 at 10:00 a.m. Pacific Daylight Time (PDT); the giveaway closes on the closing date and time, 9/04/2023 at 11:59 p.m. Pacific Daylight Time (PDT) (the “Sweepstakes Period”) listed on the same post indicated above.

 

TO ENTER: To enter the Sweepstakes, Entrants must complete all of the following steps during the Sweepstakes Period:

  • Maintain a public Instagram account that follows @yogitea and participating partner brand, if applicable
  • On the designated @yogitea (and participating partner brand, if applicable) Instagram sweepstakes post, Entrant must “like” the post by double-tapping the post image or selecting the heart icon on the Sweepstakes post;
  • Entrant must also leave a comment on the @yogitea (and participating partner brand, if applicable) and tag the Instagram account of a friend of their choice in this comment. This constitutes a “Submission.”
  • Tagging the Instagram account of a friend does not enroll them in the Sweepstakes.
  • Each tagged individual must follow the steps outlined above to enter the Sweepstakes as an Entrant and have a chance at winning.

 

Limit 1 entry per person and Instagram account.

All qualified entries will be considered, and one winner will be randomly selected under the supervision of the Sponsor.  The winning Entrant will be eligible to receive the prize in accordance with these Official Rules. 

By entering this Sweepstakes, all Entrants hereby agree to abide by these Official Rules.

 

FURTHRMORE, Entrant hereby acknowledges that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. 

 

GENERAL ENTRY RULES

 

Any entry that Sponsor, at its sole discretion, deems to be inappropriate, including, but not limited to: entries containing content that infringes any third party’s intellectual rights or right of publicity, as further referenced below, or content that Sponsor deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or that constitutes an unlawful invasion of privacy, or which in any manner violates these Official Rules, shall be null and void and ineligible to win. Each Entrant hereby indemnifies, discharges, releases, and holds Instagram and the Sweepstakes Entities (as defined below), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection with the Submission.

 

Any individual or Entrant who attempts or otherwise encourages, directly or indirectly, entry or participation under multiple identities, Submissions by or for a proxy individual, and/or uses multiple computers, multiple accounts, multiple Internet Protocol addresses, so-called “proxy servers,” or any software program to manipulate or create multiple ineligible Submissions (in excess of the one  Submission permitted for this Sweepstakes), or uses any other device, method, or artifice to enter or encourage, directly or indirectly, excessive multiple or false entries as determined by the Sponsor, will be disqualified.  Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Sweepstakes.

 

Illegible, automated, corrupted, or robotic entries that do not conform to these Official Rules will be deemed ineligible, disqualified and void.  Late entries are null and void. Sponsor, its employees, agents, and representatives are not responsible for late, lost, damaged, misdirected, or misappropriated entries, or unreadable uploads.

 

Sponsor and its parent, subsidiaries and affiliates, advertising and promotion agencies, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Sweepstakes (collectively, the “Sweepstakes Entities”), are not responsible for circumstances that may limit or otherwise restrict the ability to participate, including, but not limited to: (i) late, incomplete, garbled, or mutilated entries; technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; (ii) any human error that may occur in Winner notification or other Sweepstakes-related communications; (iii) or for any printing errors in these Official Rules.  If a printing, electronic, or other error results in more prizes being claimed than the number stated in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available.  No more than the advertised number of prizes will be awarded.

 

If for any reason the Sweepstakes cannot be conducted as described in these Official Rules (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), then, in such an event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and select a winning Entrant from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor.

 

SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES TO THE FULLEST EXTENT OF THE LAW.  At Sponsor’s sole discretion, Entrants who do not comply with these Official Rules or otherwise attempt to interfere with this Sweepstakes in any way may be disqualified.

 

ALL DECISIONS BY SPONSOR ARE FINAL.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.  

 

WINNER SELECTION:  Five winners will be contacted by Yogi via Instagram Direct Message by 9/05/2023 at 12:00 p.m. Pacific Daylight Time (PDT). Yogi shall have no liability for a winner’s failure to receive notice due to any reason whatsoever, including without limitation, equipment or computer malfunctions, power outages, security settings or winner’s provision of incorrect or otherwise non-functioning contact information, or any suspension of winner’s Instagram account.

Winners must reply within 5 business days and provide address information for receipt of Prize.

Odds of winning depend on the total number of entries received.

 

PRIZE:  One winning Entrant will receive the prize listed in the Instagram giveaway post, one carton of Yogi Rich & Robust Morning Vitality tea, one carton of Yogi Spiced Blackberry Focus tea, one carton of Choice Organics Earl Grey tea, one carton of Choice English Breakfast tea, and one Yogi tote bag, with an estimated retail value of $25.
⠀⠀⠀
Yogi will pay for applicable sales tax and shipping and handling costs for standard shipping of the prize to Entrant’s address in the U.S., as provided to Yogi by the winning Entrant.

 

ALL OTHER FEDERAL, STATE, AND LOCAL TAXES ARE SOLELY THE RESPONSIBILITY OF THE WINNER.

 

To receive the prize, Entrant must be in compliance with these Official Rules as solely determined by the Sponsor.

 

TO CLAIM THE PRIZE: The winning Entrant will be contacted by Yogi via Instagram Direct Message.  To claim the prize, the winning Entrant must reply to Yogi within 5 business days and provide their full name and a valid U.S. address for delivery by common carrier of the prize. To receive the prize, Entrant must be in compliance with these Official Rules as solely determined by the Sponsor.  If a winning Entrant does not reply within 5 business days or is disqualified, another winning Entrant will be randomly selected under the supervision of the Sponsor.

 

 

PUBLICITY:  Acceptance of a prize constitutes permission for the Sponsor and its agents, affiliates, successors and assigns to use winning Entrant’s name for purposes of advertising and publicity in all media worldwide, including, but not limited to, posting and direct messaging via social media or other platforms, without further compensation or notice, unless prohibited by law.

 

RELEASE AND INDEMNIFICATION: By entering, Entrants agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder. Entrants hereby acknowledge, understand, and agree that, to the extent permitted by law, each of them assumes liability for, and all risks of, any and all injuries, harms and damages, including without limitation, personal injury, illness, adverse reaction, or death and damages of any kind including but not limited to phishing scams or other fraudulent internet activity, caused, or claimed to be caused, by participating in the Sweepstakes or the prize, and that Entrants, their heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold Instagram and the Sweepstakes Entities, harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, intellectual property rights, and rights of publicity in any way arising directly or indirectly out of the Entrants’ participation in the Sweepstakes and/or prizes.

 

Prior to receiving the prize, each Winner may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law) and other documents as determined by Sponsor in its sole discretion.  As applicable, winners must return the aforementioned materials to Sponsor or Sponsor’s representatives or prize may be forfeited and awarded to the next eligible Entrant.

 

DISPUTES & ARBITRATION: EXCEPT TO THE EXTENT PRE-EMPTED BY FEDERAL OR OTHER APPLICABLE STATE LAW, THE SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF.  ENTRANTS UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN ENTRANT AND THE SWEEPSTAKES ENTITIES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN MULTNOMAH COUNTY STATE OF OREGON.  BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.  THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION.  THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THE OFFICIAL RULES AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION.  AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY AGREES THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OF THE PRIZE, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR CONSOLIDATION OF CLAIMS IN ARBITRATION AS A REPRESENTATIVE OR MEMBER OF A CLASS.

 

Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes) and further waive all rights to have damages multiplied or increased.

 

DIGITAL MILLENNIUM COPYRIGHT ACT:  In the event a Submission is posted on the Internet or distributed via social media, pursuant to the Digital Millennium Copyright Act (“DMCA”), if an individual or an entity has a good faith belief that a Submission provided by an Entrant infringes upon any third party copyright, please notify Sponsor by email at digital@yogiproducts.com with the subject line stating “Copyright.”  The DMCA notice MUST include the following elements: (i) a description of the alleged infringement in detail; (ii) the name of the copyright owner who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement:

 

“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law.  I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

 

WINNERS’ LIST AND OFFICIAL RULES: You may request the names of the Winners by sending a self-addressed, stamped envelope to East West Tea Company, LLC,  Attn:  Yogi Tea Giveaway, P.O. Box 21124, Eugene, OR 97402.