NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Art of Coffee” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the 50 United States of America, excluding residents of Rhode Island, Puerto Rico, and other U.S. Territories and shall only be construed and evaluated according to US federal law and applicable state law. Do not enter this Sweepstakes if you are not a US resident or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR: The Sweepstakes is sponsored by illy caffè North America, 800 Westchester Ave. s440, Rye Brook, NY 10573 (the “Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any social media platform, including without limitation Instagram from Meta (“Social Media Platform(s)”).
ELIGIBILITY: No purchase is necessary to enter or win the Sweepstakes. The Sweepstakes is open to legal residents of the 50 United States only, excluding residents of Rhode Island, Puerto Rico, and other U.S. Territories, who are at least 18 eighteen years old at the time of entry and possess a valid form of identification (the “Entrants”). . The Sponsor, the Administrator, Inspira Marketing Group LLC (“IMG”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively with the Social Media Platforms, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Official Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER THE SWEEPSTAKES: The Sweepstakes begins at 12:00:01 a.m. EDT on December 8, 2023 and ends at 11:59:59 a.m. EDT on December 2214, 2023 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. No Entries will be accepted after the Sweepstakes Period. Entrants must have an active Instagram account or sign up for a free Instagram account at www.instagram.com; and follow @illy_us on Instagram. Entrants must enter the Sweepstakes using a personally registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, may be disqualified. During Sweepstakes Period, @illy_us will post a Sweepstakes photo or video post via their Instagram account (“Post”) in collaboration with a third partiesy (@SFMoma, @SFMomaStore and influencer). Entrants will be instructed to “like” the Post, and follow @illy_us, @sfmoma, and @sfmoma.store on Instagram. By becoming a follower of the aforementioned Instagram accounts, an Entrant will automatically receive one (1) Sweepstakes entry. By submitting an Entry via instagram.com, each Entrant consents to receive from the Sponsor an Instagram comment, if applicable, an email notifying such Entrant that he/she is a potential Prize Winner.
ENTRY BY EMAIL/MAIL: One (1) Entry per Entrants by email and mail. To enter by email, send an email with the subject line ILLY ART OF COFFEE SWEEPSTAKES to [email@example.com] with your name, complete address and telephone number (including area code). All email entries must be received by 11:59:59 a.m. EDT on December 2214, 2023 to be eligible for entry.
To enter by mail, print your name, complete address, email address (if applicable) and telephone number (including area code) on a 3” x 5” card and mail it with proper postage to: ILLY ART OF COFFEE SWEEPSTAKES, 800 Westchester Avenue, Suite S440, Rye Brook, NY 10573. All mail-in entries must be received no later than 11:59:59 a.m. EDT on December 22, 2023 to be eligible for entry.
ENTRY BY EMAIL/MAIL: To enter by email, send an email with the subject line ILLY ART OF COFFEE SWEEPSTAKES to [firstname.lastname@example.org] with your name, complete address and telephone number (including area code). All email entries must be received by 11:59:59 a.m. EDT on December 22, 2023 to be eligible for entry. To enter by mail, print your name, complete address, email address (if applicable) and telephone number (including area code) on a 3” x 5” card and mail it with proper postage to: ILLY ART OF COFFEE SWEEPSTAKES, 800 Westchester Avenue, Suite S440, Rye Brook, NY 10573. All mail-in entries must be received no later than 11:59:59 a.m. EDT on December 22, 2023 to be eligible for entry.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible Entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual who is ineligible or is deemed to be tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner; who has gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries, including but not limited to errors in advertising, these Official Rules, the selection and announcement of a Winner, or the distribution/awarding of the Prize; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prize (defined below), including without limitation in connection with attendance of the Event. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Cellphone carriers may charge for data usage for entering the Sweepstakes using a mobile phone Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, to the extent permitted under applicable law, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize, including in connection with attendance to the Event. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DRAWING AND NOTIFICATION: The potential Prize Winner will be selected in a random drawing from among all eligible Entries received throughout the Sweepstakes Period through the use of on-line software which will randomly select a winner from the eligible participants. The Prize drawing will be conducted on or about December 23, 2023, by the Administrator, whose decisions are final and binding. The potential Winner will be contacted by the Sponsor via Instagram DM.
Odds of winning a Prize will depend on the total number of eligible Entries received throughout the Sweepstakes Period.
PRIZE & PRIZE CONDITIONS: There will be one (1) Prize available. The Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive two (1) annual membership to SFMOMA in San Francisco, CA, (1) set of 4 illy Art Collection espresso cappuccino cups , and (2) cans of illy ground coffee (250g) (“Prize”). Prize Total Value: $305 350 before tax. The Winner will be solely responsible for all taxes and all other expenses associated with Prize acceptance and usage not specifically mentioned herein, including but not limited to any travel expenses to SFMOMA (airfare, hotel, and transportation accommodations), are the responsibility of the Winner. NOTE: The Prize must be accepted as awarded. Substitution, cash equivalents, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value in its sole discretion.
The Sponsor will choose the means it deems most appropriate to deliver the Prize to the Winner, including without limitation by email or overnight courier. Sponsor expressly disclaims any liability arising out of any delay or failure to deliver the Prize due to reasons beyond Sponsor’s reasonable control, including without limitation interruption, defect or delay in operation or transmission over the Internet, electronic or electrical interference, system failure or computer virus if the Prize is delivered electronically, or any delays or delivery failures caused by weather conditions, fire, strikes, boycotts, delays in transportation, etc. if the Prize is delivered by overnight courier. Without limiting the generality of the foregoing, Sponsor shall not be liable for any lost, stolen, destroyed, damaged, and/or counterfeited tickets.
By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded. The Prize will be awarded only if properly claimed. Within three (3) days of notification, the Winner must complete, execute and return to Sponsor any tax form, affidavit, waiver, release, indemnity agreement, and/or any additional documents required by Sponsor in Sponsor’s sole discretion and/or required by applicable tax authorities. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) days from the first notification attempt, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and shall forfeit any right to the Prize and, at Sponsor’s sole discretion, an alternate Winner may be selected by random drawing.
In the unlikely event that the Prize is unavailable for any reason beyond Sponsor’s reasonable control (e.g., the Event is cancelled), the Winner agrees that Sponsor shall have no further obligation to the Winner.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, Sweepstakes Entry, voice, likeness and/or biographical information for advertising (e.g., name, city and state of residence), trade and promotional purposes without further payment or additional consideration, and without review, approval or notification, unless prohibited by law. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), representation, or guarantee, express or implied, in fact or in law, relative to the Prize, which will be awarded “AS IS”.
DISPUTES: By entering the Sweepstakes, Entrants agree that i) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any Prize awarded, shall be resolved individually, without resort to any form of class action; ii) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney fees and iii) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants’, Sponsor or the Administrator in connection with the Sweepstakes will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by the Entrants and/or the Winner, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by February 3, 2024, to illy caffè North America, 800 Westchester Ave. s440, Rye Brook, NY 10573. The name of the Winner will be available for 12 months after award of the Prize.