CUPS Gift Sweepstakes – Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 1- Eligibility: CUPS Gift Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Rhode Island) who are at least eighteen (18) years old at the time of entry. Employees of Urban Cups Inc., as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes Sponsor is Urban Cups Inc., 500 7th Avenue 17A, New York, NY 10018.

2- Timing: The Sweepstakes begins on December 3, 2015, at 12:00 a.m. Eastern Time (“ET”) and ends on December 31, 2015 at 11:59 p.m. ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

3 -How to Enter: There are 2 ways to enter the Sweepstakes:

  • Gifting: During the Promotion Period, each eligible individual that purchases any gift of CUPS via http://www.cupsapp.com/gift OR the CUPS mobile app (iOS or Android) automatically will receive one (1) entry into the Sweepstakes (a “Gift Entry”). In order to be eligible, gift purchaser and gift recipient must be two (2) different people.
  • Mail Entry: To enter without making a Gift Entry, you can mail a postcard to CUPS, 500 7th Avenue 17A, New York, NY 10018 attention “CUPS Gift Sweepstakes” with your name, street address, phone number and email address (a “Mail Entry”). Mail Entries must be postmarked during the Promotion Period and received by Sponsor no later than December 31, 2015. By submitting a Mail Entry you consent to receiving updates and special offers via postal and email from CUPS. You will receive one (1) entry into the Sweepstakes for your Mail Entry.

All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected entries, which will be disqualified.

Limit: You may enter one (1) time during the Promotion Period, regardless of method of entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses when purchasing gift, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

4- Prize Drawings: All decisions by Sponsor as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around Monday, January 4. The potential winner will be notified by email. Except where prohibited, the potential winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”), including providing a mailing address (no P.O. Boxes), which must be received by Sponsor, within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to sign and return the Declaration or provide any other requested information (if applicable), within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Up to three (3) alternate drawings will be held, time permitting, after which the prize will remain un-awarded. Prizes will be fulfilled promptly after the conclusion of the Sweepstakes.

5- Prize: ONE (1) PRIZE: A one-year unlimited All Drinks subscription to CUPS in New York City on the app (for list of CUPS locations, visit http://www.cupsapp.com). Approximate Retail Value (“ARV”): $1440. Winner is responsible for any extra transactions or fees associated with using the CUPS app, such as tipping and EATS purchases and must agree to the CUPS Terms of Use and comply with CUPS plan policies. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.

6- Release: By entering the Sweepstakes or receipt of any prize, you agree to release, indemnify and hold harmless Sponsor and its subsidiaries and affiliates, and each of their officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of or resulting in whole or in party, directly or indirectly, from participation in the Sweepstakes or acceptance, receipt or use or misuse of any prize or in any prize-related activity.

7- Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

8- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. In addition, Sponsor reserves the right to cancel the sweepstakes altogether in a case where a minimum of 500 entries won’t be met by the end of the Sweepstakes period. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All decisions regarding the Sweepstakes remain with the Sponsor.

9- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury 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 or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

10- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the state of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of York.

11- Entrants Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.