Trade Coffee™ Monthly Refer-A-Friend Sweepstakes Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Trade Coffee™ Returning Subscriber 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™ Returning Subscriber Sweepstakes Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the terms and conditions of the Rules in their entirety, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19).
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 respective jurisdictions) 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, 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 a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Rules may request a printed copy by writing to: Seed Leaf LLC, d/b/a Trade, Trade Coffee Returning Subscriber Sweepstakes, 110 Wall Street, 6th Floor, New York, NY 10005. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY: The Promotion period begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on September 14, 2023 and ends at 11:59:59 p.m. EST on September 30, 2023 (“Promotion Period”). Entries must be received prior to the expiration of the Promotion Period to be eligible for the Prize.
HOW TO ENTER:
(a) Referral Entries. Each entrant who is already a customer of Sponsor (each, a "Referrer") will be provided with a unique code (“Referral Code”) and unique link that can be utilized to refer prospective new Sponsor customers (“Referral Link”) via e-mail, Social Media Websites (as defined below) or other methods permitted by applicable law. Each Referrer will receive an entry (each, a “Referral Entry”) for the first unique person ("Referral") who clicks on that Referrer’s Referral Link and completes a purchase of Sponsor products during the Promotion Period, which purchase is not subsequently canceled. Already-existing Sponsor customers, and/or individuals that had previously purchased Sponsor products at any time, will not count as Referrals. Limit: Each entrant may receive only one (1) Referral Entry, and any Referral Entry(ies) generated by the same individual in excess of the one (1) Referral Entry limit will be discarded; provided, further, that the total combined number of Referral Entries and AMOE Entries (as defined below) submitted during the Promotion Period may not exceed one (1) in the aggregate.
IMPORTANT: REFERRALS MUST CLICK THROUGH THE REFERRAL LINK IN ORDER FOR THE REFERRER TO EARN A REFERRAL ENTRY. IF A PROSPECTIVE REFERRAL DOES NOT ACCESS THE SPONSOR WEBSITE VIA THE REFERRAL LINK IN CONNECTION WITH THAT PROSPECTIVE REFERRAL’S SPONSOR PRODUCT PURCHASE, THAT PROSPECTIVE REFERRAL SHALL NOT BE CONSIDERED A REFERRAL AND THE PROSPECTIVE REFERRER WILL NOT RECEIVE A REFERRAL ENTRY.
NO ENTRANT IS PERMITTED TO OPEN ANY ADDITIONAL, SEPARATE EMAIL ACCOUNTS, OR OTHERWISE GENERATE ENTRIES, UNDER ALIASES IN ORDER TO EARN ADDITIONAL REFERRAL ENTRIES IN CONNECTION WITH THOSE ADDITIONAL EMAIL ACCOUNTS (“INVALID REFERRAL”).
SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL AND/OR ANY ASSOCIATED REFERRAL ENTRIES WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE REFERRAL IS AN INVALID REFERRAL, WAS GENERATED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS GENERATED IN BAD FAITH OR WAS OTHERWISE GENERATED IN VIOLATION OF THESE RULES.
In addition to, and without limiting, any and all obligations and restrictions set forth in these Rules, you agree to the following “Referrer Requirements” in connection with your attempt to generate Referrals:
(i) Your activities in connection with generating Referrals (“Referral Activities”), and the text, images, content and other materials used by you in connection with same (“Creative”), must: (A) comply with the Trade Coffee™ Referral Program Rules, in their entirety; (B) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended, and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (C) not infringe upon any third party intellectual property or other proprietary rights; and (D) comply with the FTC Guidelines by including any necessary caveats and disclaimers including prominent disclosures that you stand to gain Entry in the Promotion where a prospective Referral purchases Sponsor products.
(ii) Sponsor reserves the right to terminate your participation in the Promotion and invalidate any Entry and/or Prize awarded to you for any Prohibited Conduct. For purposes of these Rules, “Prohibited Conduct” is defined as those instances where you engage in any of the following: (A) any Referral Activities via facsimile or telemarketing; (B) any Referral Activities in connection with mobile telephones or portable electronic devices via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (C) violations of the terms of service of, or Abusing, social media websites such as Facebook®, Instagram® LinkedIn®, Pinterest® or Twitter® (collectively, “Social Media Websites”) in connection with your Referral Activities (for purposes of these Rules, “Abuse” shall mean spamming, sending any unsolicited mass mailing or instant messaging, using Social Media Websites for commercial purposes, making any automated use of systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (D) any unlawful activity; (E) any fraudulent or deceptive activity; and/or (F) any conduct that Sponsor reasonably objects to.
(iii) You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references or has links to: (A) web pages with no content; (B) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of Sponsor; (C) piracy (of software, videos, audio/music, books, video games, etc.) hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (D) illegal activities or advice; (E) deceptive acts or practices; (F) violations of the rights of others, such as intellectual property or privacy rights; (G) personal web pages, free hosted pages or venues under construction; or (H) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.
(b) Registration Data. In order to purchase products on the Sponsor website located at www.drinktrade.com (the “Site”) and become a Referrer, each entrant must provide some or all of the following information on the applicable registration form: (i) full name; (ii) mailing address; (iii) e-mail address; (iv) telephone number; (v) payment information; and (vi) any other information requested on the Promotion entry form (collectively, “Site Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (C) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data”).
(c) Alternative Means of Entry. As an alternative means of entry in the Promotion, prospective entrants may submit an electronic mail (“e-mail”) entry that contains the AMOE Registration Data, as defined below (each, an “AMOE Entry E-mail”). Where an entrant properly submits an AMOE Entry E-Mail, that entrant shall receive one (1) entry in the Promotion (each, an “AMOE Entry,” and together with the Referral Entries, the “Entries”). To complete an AMOE Entry E-mail, entrants must include “Monthly Refer-A-Friend” within the subject line of the email, as well as their full name and date of birth (collectively, “AMOE Registration Data,” and together with the Site Registration Data and Prize Winner Data, the “Registration Data”). Subject to any limitations, terms and conditions set forth in these Official Rules, upon submitting a valid AMOE Entry E-mail, you will receive one (1) entry in the Promotion (each, an “AMOE Entry,” and together with the Referral Entries, the “Entries”). Entrants must send their AMOE email to: email@example.com. Entries must be received by Sponsor no later than 11:59:59 p.m. EST on September 30, 2023 to be entered in the Prize drawing. Any improperly submitted AMOE Entry E-mails (i.e., any potential AMOE Entry E-mail 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
IDENTIFICATION OF ENTRANTS: Each Entry will be identified by their applicable e-mail address as collected and stored in the Promotion Database. For purposes of these 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 September 30, 2023.
HOW TO WIN THE PRIZE: Within thirty (30) days of the end of the Promotion Period, Sponsor will randomly select one (1) potential winning Entry from the Promotion Database (“Winner Selection”). No individual may win more than one (1) Prize in the Promotion, and/or any other monthly sweepstakes offered by Sponsor during any twelve (12) month period ("Covered Period”). Where a potential Prize winner is selected who won a prize in a monthly sweepstakes offered by Sponsor during the Covered Period, an alternative potential Prize winner will be selected. Each potential Prize winner will be notified via e-mail. Each potential Prize winner shall be subject to eligibility verification. Each potential Prize winner will be required to provide Prize Winner Data and may be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and, where so required, return such Affidavit within five (5) days following attempted notification. In addition, each 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 potential winning Entry. Potential Prize winners may also be required to submit to a confidential background check to confirm eligibility and ensure the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Covered Parties (as defined below) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Covered Parties as determined by Sponsor in its sole discretion, and, in such event, the Prize(s) may be forfeited.
Non-compliance by a potential Prize winner within the aforementioned time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of that 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.
Each winning Entry, as well as the associated information of each potential Prize winner, must identically match the records maintained by Sponsor in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor 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 one (1) prize winner will receive a Sponsor account credit in the amount of Five Hundred Dollars ($500.00) that Prize winner can use to purchase products and/or merchandise offered by Sponsor (each, a “Prize”). The Prizes have no other cash value and may not be used to make purchases of any kind at any venue other than Sponsor’s online store. (b) Prize Terms and Conditions. The approximate retail value (“ARV”) of each Prize is Five Hundred Dollars ($500.00). The Prize winner will not receive the difference between the actual Prize value and the ARV.
ODDS OF WINNING THE PRIZE: The odds of winning the Prize depend on the number of Entries received during the Promotion Period, but can be calculated by dividing the number of Prizes by the total number of Entries received.
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 Monthly Refer-A-Friend Sweepstakes , Attn: Winner’s List, 85 Broad St., Suite 09-012, New York, NY 10004
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. Where required by law, 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: Other than for residents of the State of Tennessee and where otherwise prohibited by law, Promotion entry constitutes permission for Sponsor to reproduce, display, perform, distribute and otherwise use your name and/or likeness in connection with promoting Sponsor and/or Sponsor’s online venues in any and all forms of marketing and promotional material including, without limitation, email marketing, online ads, social media ads, as well as printed extracts and reproductions of any portion thereof.
RELEASE: By entering the Promotion, each entrant agrees to release and hold harmless Sponsor and each of 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) 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 Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern. Without limiting the foregoing, The Covered Parties are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent these Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION: These Rules shall be treated as though they were executed and performed in Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (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 Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Promotion, the Prize, the terms and conditions of these 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 Covered 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 Covered 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 Covered 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, 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.
FORCE MAJEURE EVENTS: The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any similar virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor (collectively, “Force Majeure Events”).
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 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 an entrant, to damage, destroy, tamper with or vandalize any portion of the Promotion, 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. (6)