Cup of Joe Raceweek Party – Miami Instagram Giveaway
Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
Sponsor. Fever Labs Inc. (hereinafter, “Fever”), of 379 W Broadway, Suite 344 New York, NY 10012, US is the sponsor and manager of the Cup of Joe Raceweek Party Miami Giveaway (“Giveaway”) that are to be administered in accordance with these Terms and Conditions (“Terms”).
Acceptance of the Terms. By participating in this Giveaway, (A) each participant (each one, “you” “your” or a “Participant“) agrees to be bound by these Terms and all applicable federal, state, and local laws, ordinances and regulations, as well as by the decisions Fever makes regarding this Giveaway in accordance with the foregoing, (B) you agree to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from your participation in this Giveaway or with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes awarded in accordance with these Terms, and (C) you represent that you are aged twenty one (21) or older Fever may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices. Fever reserves the right to cancel, suspend and/or modify any aspect of the Giveaway, if any fraud, technical failures or any other factor beyond Fever’s reasonable control impairs the integrity or proper functioning of the Giveaway , as determined by Fever in its sole discretion. Fever shall communicate any such change to Participants at least through the original publication of the Giveaway , itself. Fever’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Fever is not responsible for the content of any external websites that are linked or referenced within these Terms.
Giveaway Period. The Giveaway will begin at 1:30 PM EDT on 05.05.2023 and end at 1:30 PM EDT on 06.05.2023
Participation. To be a Participant, it will be necessary to have an Instagram account and to have an associated, true Instagram profile. You can enter the Giveaway by (i) Following @secretmiami_ (“Fever’s Instagram Account”) and @cupofjoe Instagram account (ii) liking the post or publication made by Fever’s Instagram Account by which Fever shall communicate the Giveaway and (iii) Tag a friend you would like to go with you to the event on the post comment section. You will be deemed to have formally entered into the Giveaway on the date and time step (iii) is completed.
Each Participant will receive one (1) entry into the Giveaway . Participation in this Giveaway is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize shall depend on the number of entries received.
Fever is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Fever. Fever will not be responsible for the veracity of any data provided by Participants.
Participants. Participants must be legal United States residents, residing in one of the fifty (50) States or in the District of Columbia and be at least twenty one (21) years old on the date of entry to the Giveaway . The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever and/or its employees, agents, freelancers, contractors (and those of any Giveaway partners, associated companies or Prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Giveaway , and these persons shall be excluded from entering and from winning the Giveaway.
Winner Selection. During the same day of the end of the Giveaway period, Fever will select three (3) winners (“Winner”) in a random drawing from among the Participants who have entered the Giveaway in accordance with these Terms. Fever will notify each Winner in accordance with these Terms, and (after validating Winner’s compliance with the requirements in these Terms) will contact the Winner to finalize the Prize. If the winner is at least twenty one (21) years old but still considered a minor in his/her jurisdiction of residence, Fever reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on the winner set forth herein.
Prize. The prize(s) will consist of 3 double entries to the Cup of Joe Miami Raceweek Party, with DJ sets & special performances (“Prize”). Each prize has an approximate retail value (ARV) of Ninety United States Dollars (USD $90), with a total approximate retail value for the Prizes being Two-hundred and seventy United States Dollars (USD $270). Upon notification by Fever, the Winner shall have twenty four (24) hours to claim the Prize, by confirming their relevant contact details with Fever, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize. If a Winner rejects the Prize or in the event of any noncompliance with these Giveaway terms and conditions by a Winner, the Prize will be considered to be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
Limit of one prize per person or household. The Prize does not include assistance with travel or travel costs or other expenses associated with attending the event. There shall be no cash awarded in lieu of the Prize. The Prize is non-transferrable. Fever reserves the right to unilaterally substitute any element of the Prize for another of equal or greater value. All federal, state and local taxes applicable to the Prize are solely the responsibility of the Winner, and the Winner shall ensure that they comply with any associated legal and filing requirements.
Notification. The Winner(s) will be announced at 13:30 EDT on the same day of the end of the giveaway period, where the Winner will be tagged by Fever’s Instagram Account to notify the Winner. Fever may, in addition to this, notify the Winner by direct message to their Instagram profile from Fever’s Instagram Account.
Participation through social networks. Instagram does not in any way sponsor, endorse or administer the Giveaway, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of the Giveaway. You may not comment or incorporate content into the post of the Giveaway that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. Fever reserves the right to remove such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their participation in the Giveaway automatically made void.
Social. Acceptance of a Prize constitutes permission for Fever and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and Fever may refer to your association with the Giveaway (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the Winner to the extent permitted by law.
Limitation of Liability; Disclaimer of Warranties. By participating, Participants and Winners agree to release and hold harmless Fever and its respective advertising and promotion agencies and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Giveaway , or possession, acceptance and/or use or misuse of prize or participation in any Giveaway -related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE GIVEAWAY. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND ALL PRIZES 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 NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of law. All disputes and claims arising out of or relating to the Giveaway will be governed by general rule by the substantive laws of the State of New York, without regard to its conflict of laws rules, or any rules of private international law, that would lead to the application of any other laws. Subsidiary, in case of any conflict of the
substantive laws of the State of New York with the laws of the state of residence of the Participant/Winner involved, the substantive laws of the state of residence of the Participant/Winner shall apply.
Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Giveaway Winners List” at Fever C/O WeWork 379 W Broadway, Suite 344 New York, NY 10012.