OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
CONTEST DESCRIPTION: Intelligentsia Coffee Inc. ("Intelligentsia") presents its single-origin coffee offerings -- coffees from a single source, not blended with coffees from other countries or even other regions within the same country -- under a system of marks it refers to as “Intelligentsia marks” or “I-marks.” Over the years, Intelligentsia has used twenty (20) different I-marks to identify single-origin coffees it has purchased across seventeen (17) different countries of origin. Intelligentsia is offering one twelve (12)-ounce bag of roasted, whole-bean, single-origin coffee to each of the first twenty-five (25) entrants who identifies all twenty (20) I-marks and correctly associates each one with the country to which it corresponds.
The Intelligentsia I-Mark Contest (the "Contest") begins on May 8, 2017 at 00:01 CST and ends May 30, 2017 at 23:59 CST (the "Submission Period"). By participating in the Contest, each entrant ("you") unconditionally accept and agree to comply with these Official Rules and Intelligentsia's decisions, which shall be final and binding in all respects.
ELIGIBILITY: You must be at least 18 years old at the time of entry and a U.S. resident. Intelligentsia officers, directors and employees are not eligible to enter the Contest or to win a prize. This Contest is void where prohibited and is in no way sponsored, endorsed or administered by, or associated with Instagram.
HOW TO ENTER: You must have an Instagram account to participate in the Contest and your Instagram account must be set to permit public viewing of your photos/videos during the Submission Period in order for Intelligentsia to receive and review your Submission. During the Submission Period, upload to your Instagram account a picture or video of your entry (each photo or video, a "Submission") along with the hashtag #IntelligentsiaImarks and @IntelliSourcing (the "Hashtags"). Your Submission must include the Hashtags to be eligible. Uploading your Submission to your Instagram account using the Hashtags during the Submission Period counts as one (1) Submission into the Contest. You can enter as many Submissions as you wish, but each one must be a different photograph/video, and no more than one correct Submission per entrant will be considered. By using the Hashtags in connection with your Instagram post, you are acknowledging and agreeing that Intelligentsia has the right to stream your post through the Instagram API or otherwise use your post as set forth in its online Terms of Use, located at http://instagram.com/legal/terms/. Each Submission must meet the following requirements (the "Requirements"): (a) the Submission must be your original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (b) you must provide upon request all appropriate clearances, permissions and releases for the Submission; and (c) you must not include images that are obscene, pornographic, libelous or otherwise objectionable in your Submission. Any entry featuring a Submission that, in Intelligentsia's good faith judgment, violates any of the Requirements will be disqualified. All personally identifiable information collected in connection with the Contest may be used by Intelligentsia in accordance with its online privacy policy, located at https://www.intelligentsiacoffee.com/privacy-policy/. Intelligentsia will treat any communication or information transmitted to it via Instagram, electronic mail or otherwise in connection with the Contest as non-confidential and nonproprietary.
WINNER SELECTION AND NOTIFICATION: At the end of the Submission Period, the first 25 entrants to post a correct entry (each, a "Winner" and collectively, the "Winners"), will be identified and offered the prize.
Intelligentsia will notify the potential winners by posting a comment to their Submissions. Intelligentsia is not responsible for communication problems of any kind and will not have any liability if any Winners' notification is lost, intercepted or not received. If a potential prize winner does not respond within seven (7) days of the first notification attempt, then the potential winner will forfeit his or her potential prize and Intelligentsia may select an alternate prize winner in accordance with the Winner Selection terms. If any potential prize winner is found to be ineligible or has not complied with these Official Rules or declines the prize for any reason, then such potential prize winner will be disqualified and the next qualifying Submission may be selected.
PRIZE: 25 Winners will each be offered one 12-ounce bag of Intelligentsia single-origin coffee of Intelligentsia’s choosing (est. value not to exceed $25).
GENERAL PRIZE CONDITIONS: Cash alternatives or prize substitution is not allowed, except that Intelligentsia reserves the right, in its sole discretion, to substitute comparable prizes if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. The prizes are non-assignable and non-transferable either in whole or in part. Any prizes pictured are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Intelligentsia in its sole discretion. The Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
Intelligentsia makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INTELLIGENTSIA HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
PUBLICITY RELEASE: By participating in the Contest and in addition to any other grants which may be granted in any other agreement between Intelligentsia and any entrant in, or winner of, the Contest, each entrant (and any minor entrant's parent or legal guardian) irrevocably grants the Intelligentsia and its respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and Contest purposes as well as in, on or in connection with the Contest, and hereby release Intelligentsia from any liability with respect thereto.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants Intelligentsia, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Intelligentsia shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Intelligentsia deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Intelligentsia shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Intelligentsia shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet any of the Requirements.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest (and his or her parent or legal guardian, if the entrant is a minor) represents and warrants that: (a) the Submission is the entrant's own original, previously unpublished and unproduced work; (b) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (d) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Intelligentsia harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of these representations and warranties and/or any of the entrant's other and agreements hereunder.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant agrees that Intelligentsia, Instagram and Twitter (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to entrants' participating in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize, (b) and (c) have not expressly or implicitly, in fact or in law, represented, warranted or guaranteed anything with respect to any prize, including, without limitation, with respect to such prize's quality or fitness for a particular purpose. Without limiting the generality of the foregoing, Intelligentsia is not responsible for any lost or damaged data or prize notifications, for any interrupted or unavailable networks or other connections or data transmissions; or for capturing any incorrect, inaccurate or incomplete information. Intelligentsia reserves the right in its sole discretion to disqualify any individual who is or who it believes may be tampering with the entry process or the operation of the Contest, to be violating these Official Rules, acting in a disruptive manner or with the intent to disrupt or undermine the operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Intelligentsia reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Intelligentsia reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Intelligentsia's control have undermined or to any degree impaired the integrity and/or feasibility of the Contest as contemplated herein. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Intelligentsia. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: In addition to the other rights reserved in these Official Rules, Intelligentsia reserves the right to modify any date(s) or deadline(s) in these Official Rules or otherwise governing the Contest. Intelligentsia cannot accurately predict the number of entrants who will participate in the Contest or the number of Submissions that may be entered.
NO OBLIGATION TO USE: Intelligentsia shall have no obligation (express or implied) to use any Submission to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Intelligentsia may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: Each entrant agrees to promptly execute such additional assignments, certificates of engagement for the Submission or other documents as Intelligentsia may reasonably request in order to effectuate the purposes and intents of these Official Rules.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR INTELLIGENTSIA IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
ARBITRATION REQUIREMENT: By participating in this Contest, each entrant (and any minor entrant's parent or legal guardian) agrees: (a) that any dispute, claim or controversy arising out of or relating to this Contest, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, and judgment may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 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. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only entrant's and/or Intelligentsia's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the entrant or Intelligentsia. 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, the provisions regarding class representation and/or consolidation of claims are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and entrant shall not be entitled to arbitrate their dispute.
WINNER'S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: " Intelligentsia I-Mark Photo/Video Contest, c/o Michael Sheridan at 1850 W. Fulton St., Chicago, IL 60612”. All such requests must be received within six (6) weeks after the end of the Submission Period. These Official Rules will be posted at https://www.intelligentsiacoffee.com/contests/intelligentsia-i-mark-contest during the Contest Period.
