NO PURCHASE NECESSARY TO ENTER OR WIN. EACH PARTICIPANT’S CHANCES TO RECEIVE A PRIZE WILL NOT IMPROVE BY A PURCHASE OF ANY KIND. ENTRY IN THE STōK #PUMPKINAF TUMBLER GIVEAWAY CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES BY THE ENTITY SUBMITTING THE ENTRY. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
To launch its new pumpkin cold brew, STōK Cold Brew is partnering with comedian Tom Segura to create limited-edition tumblers inspired by STōK Pumpkin’s irreverent packaging with Tom’s signature style. The tumblers will be available for free on a first come, first served basis on SToKPumpkinAF.com. After the First Giveaway Period (as defined below), STōK will release a second batch of tumblers a few weeks later to be claimed through the same method. Winning the Giveaway Prize (as defined below) is contingent upon Participant fulfilling all requirements set forth in these Official Rules (“Rules”).
Each person (each a “Participant” or “you”) who submits an Entry (as defined below) on SToKPumpkinAF.com during the below Giveaway Periods (as defined below) is entering into the Giveaway, which is governed by these Rules. Each Participant should read these Rules before submitting an Entry (as defined below) to ensure Participants understand and agree. You are not eligible to receive the Prize described in these Rules unless you agree to these Rules.
This Giveaway is sponsored by Danone US, LLC (“Sponsor”) and administered by ICF Next, Inc. (“Administrator”).
The First Giveaway Period begins at 10:00 AM Eastern Standard Time ("EST") on August 19, 2020 and ends at 10:00 AM EST on August 20, 2020 or when all available prizes are claimed, whichever is earlier ("First Giveaway Period"). The Second Giveaway Period begins at 10:00 AM EST on September 1, 2020 and ends at 10:00 AM September 2, 2020 or when all available prizes are claimed, whichever is earlier (“Second Giveaway Period”) (collectively, the “Giveaway Periods”). The Administrator's clock shall be the official device for both the Entry and the Giveaway. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.
The Giveaway is open only to individuals who at the time of entry (a) are legal residents of and domiciled in the fifty (50) United States or the District of Columbia, and (b) are at least 18 years of age. The following individuals are not eligible to participate: (i) employees of the Sponsor, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (ii) family members (spouse, parents, siblings, children and in-laws) of any individual referred to in clause (i); and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Giveaway is subject to all federal, state, and local laws and regulations and is void (a) outside the fifty (50) United States and the District of Columbia, and (b) where prohibited by law. Any local, state, provincial or other government agency or any officials or employees thereof are not eligible to participate.
Seven hundred and fifty (750) total Participants will each be eligible to win one (1) limited-edition custom tumbler co-created by STōK Cold Brew and comedian Tom Segura. The approximate retail value (“ARV”) of each tumbler is $75.00 USD. The total ARV of all Prizes is up to $56,250.00 USD.
There is one way to enter this Giveaway during the Giveaway Periods:
To enter through the website, visit www.SToKPumpkinAF.com. Follow all onscreen instructions to complete and submit the Giveaway registration form (an “Entry”). You will be asked to fill out the entry form including First name, Last name, and email address, phone number and mailing address for shipment purposes. No PO boxes are permitted. Participants must provide a valid email address. All required information must be included for the Entry to be eligible. Participants will be required to confirm that they have reviewed and agreed to the Official Rules as a condition of entering the Giveaway.
All Entries become the property of Sponsor and will not be acknowledged or returned. Limit one Entry per person during the Giveaway Periods. Entries will not be acknowledged or returned. Proof of sending or submitting an Entry will not be deemed proof of receipt by Sponsor and/or Administrator.
All Entries must be received on or before the end of either Giveaway Period in order to be eligible to win a Prize.
The odds of winning a Prize will depend on the total number Entries and the timing of a Participant’s Entry.
The Participant agrees that the interpretation of each of the above restrictions shall be subject to the Administrator’s or Sponsor’s sole discretion. The Administrator and/or Sponsor are not responsible for any lost, late, incomplete, or other Entries that do not comply with these Rules and it may be disqualified.
Sponsor will consider only one (1) Entry from each Participant during the Giveaway Periods. Any attempt by any Participant to receive more than the stated number of Prizes by using multiple/different email addresses, identities, registrations and logins, or any other methods, as determined by the Administrator or Sponsor in its sole discretion, may void all of that Participant’s Entries and that Participant may be disqualified from this Giveaway and any of the Sponsor's other promotions. In the event of a dispute as to the owner of any Entry, the authorized account holder of the email address will be deemed to be the Participant. The "authorized account holder" is the natural person assigned to an email account by the entity responsible for doing so. Each Participant may be required to show proof of being the authorized account holder.
CAUTION: ANY ATTEMPT BY ANY ENTRANT, PERSON, OR ENTITY TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
You grant the Sponsor, Administrator and any related affiliates or agents unlimited, worldwide, perpetual, irrevocable, and royalty-free right, license, privilege, and permission to record, copy, adapt, film, capture, use, license, transmit, broadcast, exhibit, project, publish, circulate, display, or otherwise exploit, any and all renderings of the Participant’s Entry, name (including any and all nicknames, related names, and aliases), characters, biographies, artist's portrayal of characters, voice, image, likeness, visual representations, any and all attributes of the Participant’s personality, and/or any and all of the Participant’s acts, poses, actions, and appearances (collectively, "Name and Likeness"), and any ancillary use or derivative works on or in connection with any film, audio tape, video tape, audio-visual work, sound recordings, photograph, illustration, animation, broadcast, any derivative works or versions thereof in any media or embodiment now known or hereafter developed, throughout the world the way Sponsor or Administrator deems fit without any consideration or prior notice. Entries become the sole property of the Sponsor.
By submitting the Entry, you agree to communicate for the purpose of the Giveaway with the Sponsor and/or Administrator electronically. Through your Entry submission, you (i) agree that your consent to these Rules is a binding form of your electronic signature and (ii) represent that you have Internet access and a valid email address enabling you access to information pertaining to the Giveaway and to receive communications and documents electronically. Your consent is effective unless and until you withdraw it in writing to SToKPR@ICFNext.com
ALL TAXES, FEES, DUTIES, SURCHARGES, IF ANY, IMPOSED ON ANY GIVEAWAYPRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Each Eligible Winner is solely responsible for ensuring that he or she complies with all the applicable tax laws and filing requirements. If a winner fails to comply with such laws, the Prize may be forfeited and Sponsor may, in its sole discretion, select an alternative Eligible Winner.
Participants acknowledge that they have read and accepted ICF Next’s privacy statement and the terms and conditions outlined here. Participants agree that personal data including, but not limited to, name, email address, age, location, and written submission ("Personal Data") may be:
ICF Next ATTN Grace Kramer
420 N 5th St. Fl. 10
Minneapolis, MN 55401
Or by email at: SToKPR@ICFNext.com
If for any reason the Entry or Giveaway or any portion of either is not capable of running as planned due to technical or administrative problems, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the Sponsor's or Administrator’s reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway or any portion of either.
THE SPONSOR, ADMINISTRATOR, AND ANY RELATED AFFILIATES MAKE NO OTHER WARRANTIES OR REPRESENTATIONS WHATSOEVER RELATIVE TO THE QUALITY, CONDITIONS, FITNESS OR MERCHANTABILITY OF ANY ASPECTS OF THE PRIZES. No transfer, substitutions or cash equivalent for Prizes will be allowed, except at the Sponsor's and/or Administrator’s sole discretion. The Sponsor and/or Administrator reserve the right to substitute Prizes, in whole or in part, of equal or greater monetary value if Prizes cannot be awarded, in whole or in part, as described for any reason.
IN NO EVENT SHALL THE SPONSOR, ADMINISTRATOR OR ANY RELATED AFFILIATES, CLIENTS, PERSONNEL, DIRECTORS, OFFICERS, AGENTS, OR PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, INCURRED BY PARTICIPANTS OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM THE ENTRY, THE GIVEAWAY PRIZES OR USE OF A GIVEAWAY PRIZE, EVEN IF THE SPONSOR OR ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Sponsor and/or Administrator are not responsible for: (i) lost, late, incomplete, invalid, illegible, unintelligible, damaged, altered, counterfeit, obtained through fraud, late, or misdirected entries, which will be disqualified; (ii) failed, partial or garbled computer transmissions; (iii) technical failures of any kind, including, but not limited to electronic malfunctioning of any network; or (iv) any technical, computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability or intervention, error, omission, interruption, detection, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site or otherwise whether caused by web site users or by any of the equipment or programming associated with or utilized in the Giveaway. The Sponsor and/or Administrator reserve the right, in their sole discretion, to disqualify any Entry not in compliance with these Rules.
Participants agree that the Sponsor and/or Administrator shall have no liability for unsuccessful efforts to notify any Eligible Winner, or for any injuries, losses, or damages by reason of the Participant's participation in the Giveaway.
By accepting a Prize, the Eligible Winner agrees to release and hold harmless the Sponsor, Administrator and any related affiliates, clients, personnel, directors, officers, agents, or principals (partners, shareholders or holders of an ownership interest) from any and all liability, loss or damages arising from or in connection with awarding, receipt and/or use of a Prize or participation in Prize-related activities, and they shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in or winning the Giveaway.
The Sponsor and/or Administrator will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Rules, and the Sponsor's and/or Administrator’s decisions shall be final. If any provision of these Rules is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Rules, which shall remain in full force and effect. The Sponsor and/or Administrator’s reserve the right to modify or terminate the Giveaway or to make such other decisions regarding the administration or outcome as the Sponsor and/or Administrator deem appropriate.
If there is any conflict between any promotional material and these Official Rules, the provisions of these Official Rules shall prevail. The resolution of any dispute shall be within Sponsor and/or Administrator’s sole discretion. As a condition of entering this Giveaway, except as prohibited by law, you agree that: (a) all causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Giveaway, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. Any legal suit, action, or proceeding arising out of this Giveaway or the applicable Rules shall be instituted exclusively in the federal court of the United States or the courts of the Commonwealth of Virginia in each case located in the city of Fairfax and County of Fairfax, and the Participant(s), Sponsor and Administrator irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens.
THE PARTICIPANT(S), SPONSOR AND ADMINISTRATOR ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE OUT OF OR RELATING TO THESE RULES OR THIS GIVEAWAY IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, THE PARTICIPANT(S), SPONSOR AND ADMINISTRATOR IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE RULES OR THIS GIVEAWAY.
For the names of the winners, available after winner confirmation is complete, visit SToKPumpkinAF.com.
Any queries shall be sent by mail to Sponsor at:
ICF Next ATTN Grace Kramer
420 N 5th St. Fl. 10
Minneapolis, MN 55401
Or by email at:
This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Facebook, Twitter, Instagram or any other Social Media Site utilized by the Giveaway.
© 2020 ICF Next, Inc. All rights reserved.