SAN MARCO COFFEE FRESH ROAST

SWEEPSTAKES VI OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE THE CHANCE OF WINNING.

SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES 18 YEARS OR OLDER. VOID WHERE PROHIBITED. RESTRICTIONS APPLY.

ELIGIBILITY: Open to legal residents of the 50 United States ("U.S.") who are 18 years of age or older. Void where prohibited by law. This Sweepstakes is subject to the laws of the United States and North Carolina and all applicable federal, state and local laws and regulations. Employees of San Marco Coffee, Inc., the listed participating partners, their respective parents, affiliates, subsidiaries, advertising, sweepstakes and fulfillment agencies, and members of the immediate family or household of each of the above are not eligible to participate.

SPONSOR: The Sponsor of this Sweepstakes is San Marco Coffee, Inc., 3120 Latrobe Dr. Ste 280, Charlotte, NC 28211 (“Sponsor” or “SMC”).

ENTRY PERIOD: The SMC Fresh Roast Sweepstakes VI (the “Sweepstakes”) begins 12:00:00 AM Eastern Standard Time (EST) February 3, 2010 and ends 11:59:59 PM EST March 31, 2010 (the "Sweepstakes Period").

(i) ONLINE ENTRY: You may enter the Sweepstakes only on our website Click Here to access the online entry form. An online SanMarcoCoffee.com account may or may not be required to enter this sweepstakes. There is a limit of one (1) online entry per person, (regardless of whether a person has more than one email address) per email address (regardless of whether more than one person uses the same email address) per household (Household is defined as anyone living at one specific residence) per computer IP address. Entries generated by a script, macro, or other automated means will be disqualified. All entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder.

Incomplete entries are void.

Duplicate entries will be void.

 (ii) EMAIL CHANGE OF ADDRESS POLICY: It is the sole responsibility of the entrant to notify SMC if his or her email address changes. To do so, use our contact form found at Click Here

ALL PRIZES ARE AWARDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. WINNERS AGREE TO ACCEPT PRIZES “AS-IS.” RESTRICTIONS AS FURTHER PROVIDED IN THESE RULES APPLY.

FIRST PRIZE: One (1) First Prize Prizes will be awarded during this Sweepstakes. First Prize Winner shall receive a $100.00 San Marco Coffee electronic Gift Certificate.

SECOND PRIZE: One (1) Second Prize will be awarded during this Sweepstakes. Second Prize Winner shall receive a $50.00 San Marco Coffee electronic Gift Certificate.

THIRD PRIZE: One (1) Third Prizes will be awarded during this Sweepstakes. Third Prize Winners shall receive a $25.00 San Marco Coffee electronic Gift Certificate.

BONUS PRIZES: Two (2) Bonus Prizes will be awarded during this Sweepstakes. Bonus Prize Winners shall receive a $25.00 San Marco Coffee electronic Gift Certificate. (1) One winner will be drawn randomly from our Facebook Fans and (1) One winner will be drawn randomly from out Twitter Followers.

ODDS OF WINNING: Odds of winning are dependent upon the total number of eligible entries received.

RELEASE: Each potential Prize Winner (as applicable) must execute an Affidavit of Eligibility, a Liability Release, and, where permitted, a Publicity Release within fifteen (7) days following notification by Sponsor. Failure to execute applicable releases or otherwise comply with these Official Rules will result in forfeiture of any prize and disqualification from this Sweepstakes.

RESTRICTIONS AND CONDITIONS: Prizes are not transferable, not returnable, and cannot be sold or redeemed for cash. No substitution will be made except as provided herein at the Sponsor's sole discretion. Prize consists only of those items specifically listed as part of the prize. All items, costs or expenses not specifically listed as part of the prize are the sole responsibility of the winner. Unclaimed prizes will not be awarded.

No assignment, transfer, cash redemption, or substitution of prize is permitted, provided that Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason.

In the event of noncompliance with these requirements, the potential Prize winners may be disqualified and an alternate winner selected, at Sponsor's discretion. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

DRAWING: One (1) First Prize winner, One (1) Second Prize winner, One (1) Third Prize winner, will be selected by Sponsor in a random drawing from among all eligible entries received during the applicable periodic Entry Period. Winners will be notified within approximately fifteen (15) days of the drawing by email, and must respond by 5:00 PM EST on the fifteenth (7th) day following the first attempted notification by SMC (the "Response Period"). Return of a prize notification as undeliverable or failure to respond within the Response Period will result in disqualification and an alternate winner may be selected. If the winner chooses not to accept any Prize, an alternate winner will be selected, at Sponsor's discretion. In the event of a dispute, entries will be declared made by the authorized account holder of the email address submitted at time of entry. Unless otherwise noted, allow 6-8 weeks for delivery of Prizes following completion of notification and prize acceptance process. Prizes will posted to your SanMarcoCoffee.com account via a redeemable electronic gift certificate.

The Bonus Facebook winner will be notified within approximately fifteen (15) days of the drawing via his or her Facebook account and will be required to respond by 5:00 PM EST on the seventh (7th) day following the first attempted notification by SMC (the "Response Period"). Return of a prize notification as undeliverable or failure to respond within the Response Period will result in disqualification and an alternate winner may be selected. If the winner chooses not to accept any Prize, an alternate winner will be selected, at Sponsor's discretion. Unless otherwise noted, allow 6-8 weeks for delivery of Prizes following completion of notification and prize acceptance process.

The Bonus Twitter winner will be notified within approximately fifteen (15) days of the drawing via his or her Twitter account by a DM (Direct Message) and will be required to respond by 5:00 PM EST on the seventh (7th) day following the first attempted notification by SMC (the "Response Period"). Return of a prize notification as undeliverable or failure to respond within the Response Period will result in disqualification and an alternate winner may be selected. If the winner chooses not to accept any Prize, an alternate winner will be selected, at Sponsor's discretion. Unless otherwise noted, allow 6-8 weeks for delivery of Prizes following completion of notification and prize acceptance process.

PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes the winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for Sponsor’s purposes in any media in perpetuity without further payment or consideration.

GENERAL RELEASE: By participating and/or submitting an entry in this Sweepstakes, entrants agree: (a) to these Official Rules and all decisions of Sponsor, which shall be final in all respects relating to this Sweepstakes; and (b) to release and hold harmless Sponsor, its subsidiaries, affiliates, directors, officers and employees and agents from and against any claim, cause of action, liability or expense (including attorneys' fees) arising out of participation in the Sweepstakes or receipt or use of any Prize.

LIMITATIONS OF LIABILITY, DISPUTES: If, for any reason, the Internet portion of the program is not capable of running as planned, whether due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, 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 the event of termination, a random drawing to award the Prizes will be conducted from entries received up until the time of termination, if such a drawing can be fairly conducted in Sponsor's judgment.

Sponsor is not responsible for (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, printing or typographical errors or lost, illegible or incomplete entries; (ii) the unavailability or inaccessibility of any providers, transmissions or telephone or Internet service; (iii) unauthorized human intervention in or unauthorized alteration to any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes. Sponsor is not responsible for typographical errors.

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Entrant agrees that as a condition of entering the Sweepstakes: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts of the State of North Carolina; (ii) by participating or submitting an entry in the Sweepstakes, entrant consents to the personal jurisdiction and subject matter jurisdiction of such courts for such purpose; (iii) the parties waive any right to trial by jury; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant, including costs associated with entering this Sweepstakes but in no event entrant's attorneys' fees; and (v) under no circumstances will entrant be permitted to obtain award for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU.

GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law Official Rules.

ENTRY INFORMATION:

Entry information becomes property of Sponsor subject to Sponsor's privacy policy as posted on its website at the following Internet address: Click Here.

WINNERS LIST: For a list of winners, mail a self-addressed stamped envelope by April 15, 2010. Requests received after April 30, 2010 will not be honored. All winners will be posted at Click Here on or before April 15, 2010.