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MAGIC TICKET SWEEPSTAKES RULES

NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.

The Trade Coffee™ Magic Ticket Sweepstakes (the “Promotion”) is sponsored by Seed Leaf LLC, d/b/a Trade (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Trade Coffee™ Magic Ticket Sweepstakes Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion.

ELIGIBILITY:

The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, the United States and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Graphite Financial (“Administrator”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim the Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: Seed Leaf LLC, d/b/a Trade, Trade Coffee Magic Ticket Sweepstakes, Landmark Center, 401 Park Drive, 9th Floor, Boston, MA 02215. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning the Prize is contingent upon fulfilling all requirements set forth herein.

LIMITED TIME ONLY:

The Promotion period (“Promotion Period”) begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on December 10, 2019 and ends at 11:59:59 p.m. EST on December 20, 2019. Entries must be received prior to the expiration of the Promotion Period to be eligible for the Prize.

HOW TO ENTER:

  • Website Entries. Prospective entrants wishing to enter the Promotion may go to the Promotion web page located at www.drinktrade.com/babish (the “Site”) and take the Promotion-related quiz regarding certain of their coffee preferences (“Promotion Quiz”). Upon completion of the Promotion Quiz, we will suggest one or more of our coffee products for each entrant based on her/his quiz responses. Upon completion of the purchase process, entrants must enter the promotional code, “BABISH” (“Promo Code”), in the applicable submission field. Upon successful completion of the purchase process, with the Promo Code included where appropriate, each individual shall receive one (1) entry in the Promotion (each, a “Website Entry”). Please note that purchasing our products is entirely optional, purchases are not required to enter the Promotion and purchases will not increase an entrant’s odds of winning in any way. There is a free alternative means of entry described below. Where entrants intend to purchase our products, they must complete the online purchase form. In order to complete the online purchase form, each entrant must include her/his: (i) full name; (ii) full mailing address; (iii) e-mail address; (iv) mobile telephone number; (v) credit card information; and (vi) any other information requested on the purchase form (collectively, “Website Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (A) date of birth; (B) Social Security Number; (C) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (D) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data”). Entrants must update their Registration Data, as necessary, to remain eligible to receive the Prize.
  • Email Entries. Prospective entrants wishing to enter the Promotion who have purchased Sponsor products by and through the Site in the prior thirty (30) day period may send an e-mail that contains the E-mail Registration Data, as defined below, with “Sweepstakes Entry” in the subject line, to the following e-mail address: babish@tradecoffeeco.com. Where an entrant properly submits an e-mail that contains the E-mail Registration Data, that entrant shall receive one (1) entry in the Promotion (each, an “E-mail Entry”). To complete an E-mail Entry, each entrant must provide the following information in the applicable e-mail message: (i) full name; and (ii) mailing address (collectively, “E-mail Registration Data”). Entrants must deliver their E-mail Entries by December 20, 2019 to be entered in the Prize drawing. Any improperly submitted E-mail Entries (i.e. any potential E-mail Entries having invalid or incomplete E-mail Registration Data) will be VOID. Limit: Each entrant may receive only one (1) E-mail Entry in the Promotion, and any E-mail Entry(ies) submitted by the same individual in excess of that E-mail Entry limit will be discarded.
  • Alternative Means of Entry. As an alternative means of entry in the Promotion, prospective entrants may submit mail-in entries in the form of a postcard that contains the AMOE Registration Data, as defined below (each, an “AMOE Entry Postcard”). Where an entrant properly submits an AMOE Entry Postcard, that entrant shall receive one (1) entry in the Promotion (each, an “AMOE Entry,” and together with the Website Entries and E-mail Entries, the “Entries”). To complete an AMOE Entry Postcard, entrants must type or legibly write the following information on the applicable postcard: (i) full name; (ii) mailing address; and (iii) e-mail address (collectively, “AMOE Registration Data,” and together with the Website Registration Data, E-mail Registration Data and Prize Winner Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to win a Prize. Entrants must mail their AMOE Entry Postcards to: Seed Leaf LLC, d/b/a Trade, Trade Coffee Magic Ticket Sweepstakes, Landmark Center, 401 Park Drive, 9th Floor, Boston, MA 02215. All AMOE Entries must be postmarked by December 20, 2019 to be entered in the Prize drawing. Any improperly submitted AMOE Entry Postcards (i.e. any potential AMOE Entry Postcards having invalid or incomplete AMOE Registration Data) will be VOID. Limit: Each entrant may receive only one (1) AMOE Entry in the Promotion, and any AMOE Entry(ies) submitted by the same individual in excess of that AMOE Entry limit will be discarded.
  • Entry Limits/General Provisions. The total combined number of Entries submitted during the Promotion Period per entrant may not exceed one (1) in the aggregate. So, by way of example, if an entrant submits an AMOE Entry during the Promotion Period, that entrant will not be permitted to also submit a Website Entry or E-Mail Entry during the Promotion Period. Any Entries submitted in excess of these limitations will be discarded. Multiple individuals are not permitted to share the same email address. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different mobile devices, identities, registrations and user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Sponsor is not responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive telemarketing (including text message marketing where you have provided your “prior express written consent” as required under the Telephone Consumer Protection Act (“TCPA”)), e-mail and direct mail marketing messages from Sponsor and its marketing partners, subject to the Sponsor Privacy Policy (the “Sponsor Privacy Policy”). See the “Privacy Statement” section hereinbelow for a link to the Sponsor Privacy Policy.

IDENTIFICATION OF ENTRANTS:

Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 p.m. EST on December 20, 2019.

HOW TO WIN A PRIZE:

Within thirty (30) days of the end of the Promotion Period, Administrator will randomly select one (1) entry from the Promotion Database (“Winner Selection”). The potential Prize winner will be notified via mail within ten (10) days after Winner Selection. The potential Prize winner shall be subject to eligibility verification. The potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within one (1) day following attempted notification. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry.

Non-compliance by the potential Prize winner within this time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected. The return of the Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period.

The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor and Administrator in order for the Prize to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.

PRIZE DESCRIPTION:

  • (a) Prize. The Prize winner will receive a trip to New York, NY, consisting of the following: (i) round-trip coach class airfare for the Prize winner and one (1) guest from the major U.S. airport nearest the Prize winner’s residence within the United States, to New York, NY; (ii) hotel accommodations for the Prize winner and one (1) guest (one (1) room, double occupancy) for three (3) nights; (iii) transportation to and from the applicable airports (up to Seventy Dollars ($70.00) each way); (iv) an allowance of One Hundred Dollars ($100.00) per diem for food while in NYC; and (v) a tour of selected coffee shops and related destinations with Andrew Rea, the star of Binging with Babish (collectively, the “Prize”).
  • (b) Prize Terms and Conditions. The approximate retail value (“ARV”) of the Prize is Three Thousand Dollars ($3,000.00). The Prize winner will not receive the difference between the actual Prize value and the ARV. The specifics of all aforementioned elements of the Prize shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply. Without limiting the foregoing, Sponsor will determine (and, where applicable, book) travel dates, airline, flight itinerary and hotel accommodations in its sole and exclusive discretion. The Prize winner and travel companion must travel the same itinerary and on the dates and/or times specified by Sponsor or the Prize will be forfeited in its entirety. Travel must be round trip. If, in the judgment of Sponsor, air travel is not required due to Prize winner’s proximity to New York, NY, ground transportation will be substituted for roundtrip air travel and the difference in value will not be awarded to the Prize winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Contest Rules, as well as those established by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If the Prize winner is unable to utilize the Prize travel and/or accommodations during the applicable time period, the Prize winner shall forfeit the Prize in its entirety and an alternate winner may be selected, in Sponsor’s sole discretion. Incidentals, tips, telephone calls and any other personal expenses incurred during the trip are the responsibility of the Prize winner and guest, as applicable. The Prize winner and travel companion are solely responsible for obtaining any identification documents necessary for domestic travel. The travel companion selected by the Prize winner must be at least twenty-one (21) years of age or older, unless accompanied by her/his parent or legal guardian, and may be required to sign a Liability and Publicity Release. If the Prize winner’s travel companion fails to return such documents by the date and/or time indicated within such documents, then the Prize winner may forfeit the right to bring that travel companion.

ODDS OF WINNING A PRIZE:

The odds of winning the Prize depend on the number of entrants participating in the Promotion during the Promotion Period.

PRIVACY STATEMENT:

For a thorough recital of the Sponsor Privacy Policy, Click Here. To the extent that the Sponsor Privacy Policy is in conflict or inconsistent with these Contest Rules as they pertain to the Promotion, these Contest Rules shall take precedence.

WINNERS LIST:

To request written confirmation of the Prize winner, send a self-addressed stamped envelope to: Seed Leaf LLC, d/b/a Trade, Trade Coffee Magic Ticket Sweepstakes, Landmark Center, 401 Park Drive, 9th Floor, Boston, MA 02215.

TAX INFORMATION:

Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. Sponsor reserves the right to withhold taxes from the winning Prize, as appropriate. Sponsor will issue a form 1099-MISC for the Prize winner in the amount of the Prize.

NO SUBSTITUTION OF WINNERS:

The Prize is non-transferable, and no substitution or transfer of the Prize will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, or any portion thereof, for a substitute of equal or greater value for any reason.

PUBLICITY:

Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.

RELEASE:

By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prize, and all associated travel) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.

GRAPHITE FINANCIAL:

Administrator is not involved in marketing the Promotion. Administrator is not the sponsor of the Promotion and will not respond to any inquiries. Administrator is responsible for the selection of the potential Prize winners.

CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:

These Contest Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Contest Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Released Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Released Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.

DISQUALIFICATION:

The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, lost AMOE Entries, lost E-Mail Entries or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.

INDEMNIFICATION:

You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LEGAL WARNING:

Any attempt by any individual, whether or not a entrant, to damage, destroy, tamper with or vandalize the Site, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.