Hey Emo Freaks,
Our lawyers have a message for you:
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Promotional Period. The “Cruise Cabin Giveaway” (“Promotion”) begins on March 15, 2022 at 12:01AM PST and ends on April 19, 2021 at 11:59PM PST. Entries received prior to or after the Promotional Period are not eligible for the Promotion.
Sponsor. The Promotion is sponsored by Emo’s Not Dead, LLC, 11766 Wilshire BLVD Suite 500 Los Angeles CA 90025 (“Sponsor”). This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter, TikTok or Snapchat (“Media Websites”). Each Promotion entrant is providing his or her information to Sponsor and not to Media Websites.
Agreement to Official Rules. By entering (as described below), you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein and any other rules or regulations the Sponsor implements. The Sponsor reserves the right, at any time in its sole discretion, to amend or modify these Official Rules.
How to Enter. Each Entry will have an equal chance of winning a Prize There are two ways to enter this Promotion (each an “Entry” and collectively, the “Entries”), as follows:
Coffee Subscription. Choose between our Screamo Medium Roast or our Black Heart Dark Roast and select "Subscribe & Save" when adding to cart. Complete your checkout and you are entered! An entrant is not a winner of any Prize, unless and until entrant’s eligibility and the potential winning Entry have been verified and entrant has been notified that verification is complete.
Write us an essay on “When you realized you were emo”. To enter the Contest without making a purchase: (i) write a 250-word essay on the very first time you realized you were emo (make sure to include name and email) and (ii) send your essay to: 1287 Oak St. Ashland OR, 97501 or by email to email@example.com (with subject line “No Purchase Necessary Entry”). To be eligible, your Entry must be received within the Contest Period. All eligible Entries received during the Contest Period will be entered into the random prize draw (see Rule 5). There is a limit of one (1) Entry per person permitted during the Contest Period. For greater certainty, you can only use one (1) Credit Application, No Purchase Necessary Entry or email address to enter the Contest. If it is discovered that you have attempted to: (i) submit more than one (1) Entry per person during the Contest Period; or (ii) use more than one (1) email address to enter the Contest; then (in the sole discretion of Emo's Not Dead) you may be disqualified from the Contest and all of your Entries may be voided. Your Entry will automatically be rejected if the entry is not fully completed in accordance with the Entry method and submitted during the Contest Period. Use of any automated system to enter or otherwise participate in this Contest is prohibited and will automatically result in disqualification.
Entry Limit. Limit of one (1) entry per person per day via any method of Entry.
Eligibility. The Promotion is open to legal residents of the United States (excluding Rhode Island, New York and Florida) including its commonwealths, territories and possessions (collectively referred to herein as "states") (the “Territory”), who are at least eighteen (18) years old at the time of entry.
Employees of the Sponsor, or any of its subsidiaries, affiliates, or franchisees, and of their immediate family members are not eligible to enter or win the Promotion. Promotion void where prohibited or restricted by law and void outside of the Territory.
Odds of Winning a Prize. Regardless of the method of Entry, the odds of winning are set to 1 in ~2,500.
Prizes. The “Prize” awarded in this Promotion is one “Cruise Cabin + 2 Tickets” reward made available via the email used when you checkout. Sponsor will award up to one (1) Prizes during the Promotion Period. The approximate retail value of each Prize is $2,500.00 (USD). Limit one (1) Prize per person. Sponsor reserves the right to substitute any Prize for one of equal or greater value.
Notification and Requirements of Potential Winner. The Winner may be required to submit identification information to Sponsor and may be required to sign and return an Affidavit of Eligibility, and Release of Liability, and Release of Publicity, within five (5) days of date of issuance. A disqualification will result, the Prize will be forfeited if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or Winner’s noncompliance with these Official Rules will also result in disqualification and forfeiture of the Prize and, at Sponsor’s sole discretion and time permitting, may cause an alternate Winner to be selected.
Prize limit; no substitution; non-transferrable: The right to receive a prize is non assignable and non-transferable and no prize substitution or exchange or cash equivalent will be allowed except by the Sponsor, who reserves the right to substitute a prize (or portion of prize) in case of unavailability of a prize or force majeure. In the Sponsor’s sole discretion, some or all of the Promotion prize(s) may not be awarded.
RELEASE AND LIMITATIONS OF LIABILITY. BY PARTICIPATING IN PROMOTION, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, AND MEDIA WEBSITES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN THE PROMOTION; (B) TECHNICAL ERRORS RELATED TO COMPUTERS, MOBILE APPLICATIONS, SERVERS, PROVIDERS, OR TELEPHONE, OR NETWORK LINES; (C) PRINTING ERRORS; (D) LOST, LATE, POSTAGE-DUE, MISDIRECTED, OR UNDELIVERABLE MAIL; (E) ERRORS IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OF USE OF ANY PRIZE. YOU FURTHER WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PROMOTION PRIZE CANNOT BE AWARDED DUE TO A FORCE MAJEURE EVENT, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
General Conditions. Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Promotion or the Promotional Period should any cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such case, as necessary, Sponsor may select the Winner(s) from all eligible Entries received prior to and/or after the action taken by Sponsor. The Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Official Rules. The Sponsor has the right, in Sponsor’s sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses in excess of these Official Rules; multiple entries from the same computer or device in excess of that allowed these Official Rules; multiple entries from multiple/different email addresses, identities, accounts, devices, registrations or logins in excess of that allowed in these Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by you to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such attempt be made, the Sponsor reserve the right to seek damages to the fullest extent permitted by law.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Taxes and Fees. Every Promotion winner is solely and fully responsible any and all applicable federal, state, and local taxes (including, but not limited to, income and sales taxes) and all fees and expenses related to award, redemption, acceptance and uses of the Prize (including, without limitation, transportation, if applicable). Promotion winners will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Each winner waives the right to assert as a cost of winning a prize, any and all costs of verification and redemption or travel to redeem the prize.
NO WARRANTY. EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITES AND THE PROMOTION PRIZE(S), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Disputes. Except where prohibited by law, as a condition of participating in this Promotion, each entrant agrees that (1) any and all disputes and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”); and (2) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.
Governing Law and Jurisdiction. This Promotion is governed by United States law and is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants. In connection with this Promotion, Sponsor shall be governed by and construed in accordance with, the laws of the State of Oregon, without giving effect to the conflict of laws rules thereof, and any matters or proceeding which are not subject to arbitration as set forth in the “Disputes” section above of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Oregon.
USE OF NAMES AND OTHER INFORMATION OF WINNER: EXCEPT WHERE PROHIBITED BY LAW, THE WINNER GRANTS TO THE SPONSOR (WHICH WINNER SHALL CONFIRM IN WRITING ON THE SPONSOR’S REQUEST), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICAL INFORMATION (INCLUDING, WITHOUT LIMITATION, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT THE SPONSOR WILL OWN THE PROMOTION ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT THE SPONSOR AND ITS DESIGNEES WILL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE PROMOTION ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS THE SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
Winner’s List. For a information regarding the winner(s) (available after 4/20/2022), mail a self-addressed stamped envelope to: Emo’s Not Dead, 1287 Oak St. Unit B Ashland OR 97501. Winners’ list requests must be received by 4/20/2022.