Family Express® Corporation's "Iced Java Wave Contest" Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
SWEEPSTAKES PERIOD: The Family Express® Corporation’s "Iced Coffee Photo Contest" Sweepstakes (the "Sweepstakes") begins at 12:01 a.m. ET on June 1, 2024, and ends at 11:59 p.m. ET on June 30, 2024 (the “Sweepstakes Period”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Sweepstakes.
ELIGIBILITY: The Sweepstakes is open only to legal residents of Indiana who are 18 years of age or older as of date of entry (“Entrant”). Employees, officers, and directors of Family Express® Corporation(“Sponsor”) and its respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, “Sweepstakes Parties”), their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside), and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state, and local laws and regulations apply.
HOW TO ENTER: There are two methods of entry for this Sweepstakes. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
FACEBOOK ENTRY: To enter, Entrants may enter through Facebook. To enter through this method, you must have or create a Facebook account and have a mobile device that supports the Facebook app or a desktop computer with internet browser. Membership on Facebook is free, and Entrants are invited to follow @familyexpress on Facebook. Facebook is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.
FACEBOOK ENTRY: Entrants must publish a PUBLIC POST containing either an Iced Java Wave or an Iced European cafe. The post must tag the “Family Express” Facebook page with a direct link either in the caption OR the post itself. Each post would be designated as one ‘entry.’ There are no limits on entries per person. By entering via a third-party social network site, you are authorizing Sponsor to access and utilize portions of your social network site information. Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account). Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Facebook platform, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for, or be properly considered in the Sweepstakes. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Sponsor may message Entrant via Facebook direct message to obtain email address for verification.
INSTAGRAM ENTRY: To enter, Entrants may enter through Instagram. To enter through this method, you must have or create a PUBLIC Instagram account and have a mobile device that supports the Instagram app or a desktop computer with internet browser. Membership on Instagram is free, and Entrants are invited to follow @familyexpress on Instagram. Instagram is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.
INSTAGRAM ENTRY: Entrants must publish a PUBLIC POST containing either an Iced Java Wave or an Iced European cafe. The post must tag the “@familyexpress” Instagram page with a direct link either in the caption OR the post itself. Each post would be designated as one ‘entry.’ There are no limits on entries per person. By entering via a third-party social network site, you are authorizing Sponsor to access and utilize portions of your social network site information. Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account). Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Instagram platform, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for, or be properly considered in the Sweepstakes. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Sponsor may message Entrant via Instagram direct message to obtain email address for verification.
TIKTOK ENTRY: To enter, Entrants may enter through Instagram. To enter through this method, you must have or create a PUBLIC TikTok account and have a mobile device that supports the TikTok app or a desktop computer with internet browser. Membership on TikTok is free, and Entrants are invited to follow @familyexpresscorp on TikTok. TikTok is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.
TIKTOK ENTRY: Entrants must publish a PUBLIC POST containing either an Iced Java Wave or an Iced European cafe. The post must tag the “@familyexpress” TikTok page with a direct link either in the caption OR the post itself. Each post would be designated as one ‘entry.’ There are no limits on entries per person. By entering via a third-party social network site, you are authorizing Sponsor to access and utilize portions of your social network site information. Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account). Entrant acknowledges that Sponsor cannot control certain factors relating to use of the TikTok platform, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for, or be properly considered in the Sweepstakes. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Sponsor may message Entrant via Instagram direct message to obtain email address for verification.
ANY CONTENT ACROSS ANY PLATFORM ENTRY: Entrants may also publish any piece of content on any platform not mentioned above. Entrants should still attempt to "tag" Family Express. If no "tag" is available, please email a screenshot or link to the content to socialmedia@familyexpress.com.
LIMITS: There is no limit on entries for the Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned.
ENTRANT DATA AND PRIVACY: Submission of the Entry, including any prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your name, address, and other details for Sweepstakes administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found athttps://www.familyexpress.com/privacy-policy.
Each winner hereby expressly grants to the Sweepstakes Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional, and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark, or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising, or any claim of control over the Advertising content, including any possible claims of misuse of Winner’s name, likeness or voice under contract, tort, or any other theory of law.
PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE DRAWING: Sponsor will conduct one (1) prize selection from all eligible entries received during the Sweepstakes Period. The selection will be conducted on July 1, 2024. Odds of winning are NOT dependent on the number of eligible entries received. The winner will be subjectively voted on by a panel who will review the posts anonymously. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.
PRIZE DETAILS: Total of one (1) Grand Prize. The Grand Prize will consist of a digital coupon for (1) Free Java Wave each day for 2 years, totaling 730 Java Waves. Total prize ARV is $1,379.70 USD. Unused coupons will not be distributed in any form of payment and/or credit. Each daily coupon for a Java Wave will expire at 11:59 p.m. ET each day after being credited to winner’s account. All terms and conditions of coupon apply. Winner may elect to have coupon applied to existing F.E. Perks loyalty account, or may register a new account at any Family Express® location or by going online to www.FamilyExpress.com, clicking on the F.E. Perks tab and following the directions to create a new account. Please check the box to agree to receive emails, promotions and general messages from Family Express® Corporation.
WINNER NOTIFICATION: The potential prize winner will be notified by both comment on the winning post and via private message within three (3) business days of winner selection, or as soon as reasonably practicable. The potential prize winner will have ten (10) days to respond to winning notification before forfeiting their prize. All potential winners have until July 31, 2024, to claim prize, after which no alternate winners will be selected, nor unclaimed prizes awarded. Any winner of a prize package valued at $600 or more will be sent an Affidavit of Eligibility/Liability Release via email. The Potential Winner is responsible for responding and providing coordinating details of the Prize distribution within 30 days after issuance of notification. The Winner is solely responsible for all taxes (federal, state and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of the prize. Prize will be shipped only to addresses in the United States. Any and all pre-existing reservations are non-refundable.
PRIZE RESTRICTIONS: Limit of one (1) Sweepstakes Prize per person/per household. The Sweepstakes prizes will begin to be awarded within 48 hours upon receipt of the potential winner’s loyalty beacon. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except to a surviving spouse residing in the same household. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion.
Any winner of a prize package valued at $600 or more is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within ten (10) days of issuance of notification. If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE SWEEPSTAKES PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
LIMITATIONS OF LIABILITY: By entering or participating in the Sweepstakes, Entrants agree to be bound by these Official Rules, the terms and conditions of the Sweepstakes Entities' websites, and by the decisions of Sponsor, which are final and binding in all respects. Sweepstakes Entities are not responsible for: (I) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a Prize Winner(s) from all eligible, non-suspect entries received prior to such action. Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with computer Sweepstakes information. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes.
CAUTION: ANY ATTEMPT BY A USER, YOU, OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to release, hold harmless and indemnify the Sweepstakes Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Sweepstakes, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules. Prize Winners assume all liability for any injury, death, or damage caused, or allegedly caused, in whole or in part, by participating in this Sweepstakes or receipt, use or redemption of the prize.
GENERAL: All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sweepstakes Parties and may be changed from time to time without notice. The Sweepstakes Parties reserve the right to cancel or modify the Sweepstakes at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
CHOICE OF LAW AND JURISDICTION: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Indiana, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Indianaor any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of Indiana. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Official Rules shall be brought only in the state and federal courts of the State of Indiana. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY
WINNERS LIST: To obtain a copy of these Official Rules or for notification of the Winner(s), send a self-addressed stamped envelope to: Family Express® Corporation's "Iced Java Wave Contest" Sweepstakes Official Rules & Winners List Request, 213 South State Road 49, Valparaiso, Indiana 46383. Requests for winners' lists must be received no later than three months after the end of the Sweepstakes Period.
SPONSOR: Family Express® Corporation, 213 South State Road 49, Valparaiso, IN 46383.