World Record Cup of Coffee Contest Terms and Conditions

NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: The “GourmetGiftBaskets.com” Contest (the “Contest”) is open only to legal residents of fifty (50) United States, the District of Columbia and Canada who are eighteen (18) years of age or older. Employees of GourmetGiftBaskets.com or other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.
2. SPONSOR: The Contest is sponsored by GourmetGiftBaskets.com (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein and within the details presented prior to entry.
4. HOW TO ENTER: This Contest begins at 12:00:01 a.m. Pacific Standard Time ("PDT") on October 15th, 2010, and ends at 11:59:59 p.m. PDT on November 5th, 2010 (the “Contest Period”), according to Administrator’s time clock. To enter this Contest, please send the URL of the Blog Post written on your Blog, with at least 100 words, regarding our Guinness World Record Cup of Coffee to win@gourmetgiftbaskets.com . Only one Entry per email address and natural person is allowed during the Contest Period. Valid Entries must be submitted via the email method as described above. All Entries must be received during the Contest Period as determined by the computer time on Sponsor’s server. Any attempt by a participant to obtain more than the allowable Entries by using multiple/different e-mail addresses, identities or any other online methods will void all of that participant’s entries.
   
   By entering, entrants agree to comply with these Official Rules including all eligibility requirements. Sponsor reserves the right to verify eligibility of all entrants. Illegible and/or incomplete Entries and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor, Administrator and their agents are not responsible for lost, late, or misdirected Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Contest without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Contest is prohibited and may result in the disqualification of Entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
5. DRAWING: The Sponsor will attempt to notify the potential winner within twenty-four (24) hours of the drawing through email. If a potential winner cannot be contacted within fourteen days (14) days after the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining eligible entries.
6. PRIZE: Customer Account with credit to receive 12 Gift Baskets for the year, $59.99 assumed retail value for each Gift Basket:
7. Winners will be chosen: Funniest Blog Post, Most Creative Blog Post and Most Informative Blog Post
   • Prize can “only” be fulfilled via phone order: (866) 842-1050)
   • Approximate Retail Value (“ARV”): $719.88
   • Credit on the Customer Account for the Winners: Expires at 11:59:59 p.m. PDT on November 5th, 2011
8. PRIZE CONDITIONS: Selection and specifics of all Prizes will be determined at the Sponsor's sole discretion. All Prizes are subject to availability. Winners are not entitled to any surplus between the actual retail value of his/her Prize and its stated ARV; and any difference between the stated ARV and actual value of the Prize will not be awarded. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All prizes are non-transferable. All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at the Winners’ sole risk and Sponsor and Administrator are not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prizes. Sponsor and Administrator reserve the right to verify eligibility of all Winners.
9. TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes and fees and any license and delivery charges are the sole responsibility of the Winner, except US Ground Shipping. All expenses and incidentals and other applicable taxes or charges not specifically mentioned herein are not included and are solely the responsibility of the Winner. Each Winner may be issued a 1099 tax form for the ARV of the Prize.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) award the Prize at random from among the eligible entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner or with the intent to threaten, annoy, harass, bother or otherwise disrupt any other person. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person 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. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor and its parent, subsidiaries, affiliates, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any Prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) 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 Contest or receipt of any Prize (including any travel related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
    
    The Released Parties shall not be liable to winner or to any other person for failure to supple the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or requests(s) by any governmental or quasi-governmental entity (whether or not the actions(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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 Released Parties’ control.
12. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New Hampshire. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Hampshire, without giving effect to any choice of law or conflict of law rules (whether of the State of New Hampshire or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Hanpshire. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
13. CONTEST RESULTS AND OFFICIAL RULES: To request the name of the winner, send a self-addressed, stamped envelope to GourmetGiftBaskets.com at 34 Londonderry Road, NH 03053. Requests must be received within four (4) weeks of the end of the Entry Period.
14. CONTEST QUESTIONS AND COMMUNICATION: Any questions, comments or complaints regarding this Contest should be sent via email to win@gourmetgiftbaskets.com.
    
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