Stanley Fooji – The Stanleys – Win $5000 cash

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STANLEY – FOOJI – THE STANLEYS PROMOTION
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. TO BE
ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED BELOW), YOU
MUST LIVE IN THE UNITED STATES OF AMERICA (EXCLUDING FLORIDA) AND MUST
SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH
ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT
LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR
AND OTHER PROMOTION ENTITIES (DEFINED BELOW) BY YOU, A CLASS ACTION AND
JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY
MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND
REMEDIES.
1) Contest Entry Period: The Stanley – Fooji – The Stanleys Contest (the “Contest”) begins at
approximately 12:01am ET on Tuesday, December 10, 2019, and ends at 11:59pm ET on
Friday, January 17, 2020 (the “Contest Entry Period”). At 12:01am ET on Thursday, December
5, 2019, the beginning of the Contest Entry Period, Sponsor will tweet a call to action from the
@GoFooji Twitter handle and post to its @gofooji Instagram account (the “CTA Posts”). As soon
as the CTA Posts are issued, eligible entrants may participate in the Contest as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the
following requirements: (i) be legal residents of the fifty (50) United States or the District of
Columbia (excluding Florida) (“Territory”); (ii) be 18 years of age or older and the age of majority
in the entrant’s jurisdiction as of the date and time of participation; and (iii) be registered users of
Twitter or Instagram (each, a “Participant(s)”). Employees, officers, directors and agents of
Pacific Market International, LLC, Fooji, Inc. (“Fooji,” “Sponsor” or “Administrator”), any other
company involved in the presentation, administration or fulfillment of the Contest, and their
respective subsidiaries, affiliated companies, and divisions (collectively, the “Contest Entities”)
and each of their immediate family members (defined as any spouse, partner, parent, legal
guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside)
and/or those living in the same household of any such person (whether or not related) are not
eligible for the Contest. Void outside the Territory and in Puerto Rico and where prohibited or
restricted by law.
3) Sponsor: The Sponsor and Administrator of the Contest is Fooji, Inc. located at 257 E. Short
St. Suite 200, Lexington, KY 40507.
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4) How To Participate in the Contest: After the CTA Post is made, during the Contest Period,
to participate, either: (i) send an @reply on the Twitter platform to @GoFooji with the emoji
specified in the CTA Tweet along with the hashtag #StanleyAwardsGiveaway (“Required
Hashtag”) (“Participation Tweet”). If the Contest is still ongoing when your Participation Tweet is
received by @GoFooji, you will receive a link tweeted back to you that directs you to
www.stanleysightings.com. You will need to scroll on the www.stanleysightings.com webpage
and find the link to enter the promotion. You must fully complete the registration form by
providing your name, physical address, email address, and phone number and submit to Fooji a
completed registration form for its receipt; or (ii) click the link posted to the @gofooji Instagram
bio and/or swipe up on the @gofooji Instagram Story (each, an “Instagram Participation”). You
will be directed to www.stanleysightings.com. You will need to scroll on the
www.stanleysightings.com webpage and find the link to enter the promotion. You must fully
complete the registration form by providing your name, physical address, email address, and
phone number and submit to Fooji a completed registration form for its receipt (“Participation
Tweet” and “Instagram Participation” collectively referred to as “Participation Action”).
Participants may obtain one (1) additional entry by posting an additional Participation Tweet or
Instagram Participation, and fully completing the registration form and submitting to Fooji a
completed registration form for its receipt.
Sponsor may, in its sole discretion, accept or reject any purported Participation Action that does
not include both the required emoji as set forth in the CTA Post and the Required Hashtag.
Purported Participation Actions that are incorrect or incomplete, received outside the Contest
Period (including after all Prize(s) have been redeemed), or that contain obscene, offensive, or
any other language communicating messages inconsistent with the positive images with which
Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void
and disqualified. Sponsor is not responsible for misspellings, typographical errors, or other issues
that may affect the ability to locate or record a purported Participation Action. Due to the way
Twitter and Instagram operate their services, Fooji may not be able to view or record purported
Participation Actions, receive or send communications, or otherwise detect participation from or
interact with potential Participants who have Twitter or Instagram account settings that make their
updates, comments, posts or communications private, protected, or otherwise limited, in which
case any such purported Participant will be disqualified and ineligible to receive a Prize. Normal
Internet access and phone/usage charges imposed by your online/phone service may apply. Each
Participation Action and registration form entry (if applicable) must be manually key stroked and
manually entered by the individual Participant; automated and/or repetitive submission of
Participation Actions or registration forms (including but not limited to entries made using any
script, macro, bot or contest service) will be disqualified.
This Contest is in no way sponsored, endorsed, or administered by or associated with Twitter,
Inc. or Instagram, Inc.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Contest via a mobile device and/or download or transmit data via your mobile device, data and
messaging rates may apply according to the terms and conditions of your service agreement with
your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and
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may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Contest. Check your
mobile device’s capabilities for specific instructions.
5) Prizes: There is one (1) Prize. The verified Prize Winner will receive $5,000 cash, one (1)
Stanley Coffee Gift Set (comprised of one (1) Admiral’s Mug, one (1) Camp Mug, one (1) Travel
French Press Mug, one (1) 1.5qt Bottle, one (1) 20oz Master Trigger-Action Mug, and one (1)
30oz Quencher), and one (1) printed advertisement in a Hollywood industry publication (the
“Prize”). All federal, state and local taxes and all other expenses not expressly listed in these
Official Rules are the sole responsibility of the winners. Prize and Prize components are non-
transferable and may not be substituted or redeemed for cash by winners. Sponsor reserves the
right to substitute any Prize component for one of comparable or greater value. Prize type(s)
and components will be selected by Sponsor or its representatives in its/their sole discretion.
Actual retail value of the Prize components may vary, including variations based on the
Participants’ location. Total ARV of the Prize: $12,750
6) Winner Selection: On or about February 6, 2020 (the “Drawing Date”), Sponsor will
select one (1) entry in a random drawing among all valid entries during the Contest Entry
Period. Odds of winning a Prize in this Contest depends on the number of eligible entries
received during the Contest Entry Period. Fooji will be the official time keeping device for the
Contest and all decisions by the Sponsor regarding the timing of entries and the order in which
they are received will be final and binding. Subject to compliance with these Official Rules. If you
are chosen as a winner you will receive a winning notification on the microsite as well as a
message from the Sponsor via Twitter (if applicable) and via email indicating that you are a prize
winner. The availability of Prizes may but are not obligated to be periodically communicated
throughout the Contest via tweets from Sponsor’s @GoFooji handle. Prize will be facilitated
through Fooji’s emoji-based ordering system on Twitter or direct links from Instagram. Prize
availability may vary and is not guaranteed in all areas. Except as determined by Sponsor in its
sole discretion, no substitution of any Prize is offered, no transfer of Prize to a third party is
permitted, and non-cash Prize(s) may not be redeemed for cash value. Verified Prize winner(s)
will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may
receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor with a valid
social security number if requested for tax reporting purposes. All expenses associated with the
receipt and use of a Prize not specifically mentioned herein are solely the responsibility of the
winners. Sponsor is not responsible for any delay or cancellation of the Prize delivery due to
unforeseen circumstances, or those outside of Sponsor’s control. If the fulfilling merchant
cancels the order for reasons out of Sponsor’s control, the Prize will not be delivered and no
additional compensation will be provided. Potential winners are subject to verification and may
be required to sign and return to Sponsor for its receipt within three (3) business days an
Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release for receipt by
Sponsor by the due date indicated in the notification message. If any required documents are
not timely received by Sponsor, or if any message or mail intended for a winner is returned as
undeliverable, then the applicable Prize may be may be forfeited.
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7) General Rules / Limitations of Liability: By participating in the Contest, Participants agree
to be bound by these Official Rules and the decisions of the Sponsor which shall be final in all
respects. Participation in the Contest constitutes permission for the Sponsor and its designees to
use the Participant’s name, likeness, voice, biographical information, prize information, quotes
attributable to Participant, and any other elements of Participant’s persona for purposes of
advertising and trade in any and all media now known or otherwise developed without further
compensation or review, including a Participant list to be used by Fooji and its partners to re-
target participants via email or the Fooji app, unless prohibited by law. By clicking “Order Now,”
Participants authorize Fooji to send text messages or phone calls notifying Participants of
delivery details for their order. Participants agree that Fooji may send the notice to the telephone
number the Participant provides during the registration process, and Participants understand
notifications will be sent using automatic dialing technology. Participants understand that they
are not required to agree to receive such messages as a condition of participation. In the event
there is a discrepancy or inconsistency between disclosures or other statements (in any and all
media) contained in any Contest materials and the terms and conditions of the Official Rules, the
Official Rules shall prevail, govern and control. Sponsor and the other Contest Entities assume
no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty,
failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft,
destruction or alteration of entries at any point in the operation of this Contest; (c) any technical
malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or
communications line failure, regardless of cause, with regard to any equipment, systems,
networks, lines, satellites, servers, computers, software or providers utilized in any aspect of
the operation of the Contest; (d) inaccessibility or
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unavailability of the Internet or the Twitter or Instagram platforms or any combination thereof, or;
(e) any injury or damage to Participant’s or to any other person’s computer which may be related
to or resulting from any attempt to participate in the Contest. The Sponsor and other Contest
Entities are not responsible for the failure of any order to be received for any reason or for any
delay in the processing or failure to process any order or entries. The Sponsor reserves the right
at its sole discretion to disqualify any individual that tampers or attempts to tamper with the order
process or the operation of the Contest; violates the Official Rules; is suspected of cheating, fraud,
or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or
harass any other person. Any Participant who uses or is suspected of using cheating, fraudulent
means, unauthorized ordering methods, or otherwise attempts to participate multiple times, or
with multiple identities, Twitter and/or Instagram accounts, and/or addresses will be disqualified.
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. The Sponsor’s failure
to enforce any term of these Official Rules shall not constitute a waiver of that or any other
provision. If, for any reason, the Contest is not capable of running as planned, including infection
by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, changes
to the Twitter or Instagram platform that are not acceptable to Sponsor, or any other causes
beyond the control of the Sponsor which corrupt or affect the administration, security, fairness,
integrity or proper conduct of the Contest, then the Sponsor reserves the right in its sole discretion
to cancel, modify, suspend or terminate the Contest in whole or in part. TO THE FULLEST
EXTENT PERMITTED BY LAW, AS A CONDITION OF ENTRY INTO THE CONTEST, ALL
PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR
AND OTHER CONTEST ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS
OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO
PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH:
PARTICIPATING IN ANY ASPECT OF THE CONTEST; THE RECEIPT, OWNERSHIP OR USE
OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN OR TRAVELING TO
AND/OR FROM ANY PRIZE- RELATED OR CONTEST-RELATED ACTIVITY, OR; ANY
TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR ANY CTA TWEETS
OR OTHER ANNOUNCEMENTS RELATING TO THE CONTEST. THE WINNERS SHALL
BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN
DELIVERED. SPONSOR AND THE OTHER CONTEST ENTITIES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE,
SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF
ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S)
AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY)
NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE
AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY
PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER
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DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN
DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Contest Entities are not responsible
or liable to any Participant or winner (or any person claiming through such Participant or winner)
for failure to supply the prize or any part thereof in the event that any of the Contest activities or
Contest Entities’ operations or activities are affected by any cause or event beyond the sole and
reasonable control of the applicable Contest Entity (as determined by Sponsor in its sole
discretion), including, without limitation, by reason of any acts of God, equipment failure,
threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil
disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually
severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or
material shortage, transportation interruption of any kind, work slow-down, any law, rule,
regulation, action, order, or request adopted, taken, or made by any governmental or quasi-
governmental entity (whether or not such governmental act proves to be invalid), or any other
cause, whether or not specifically mentioned above.
EACH PARTICIPANT 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
AGAINST THE CONTEST ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”
8) Privacy Policy: By entering the Contest, Participants agree that any personal information
submitted by Participants may be used and shared by Sponsor subject to Fooji’s privacy policy
posted at https://www.fooji.com/privacy/
9) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition of
participating in this Promotion, each Entrant agrees that (1) any and all disputes and causes of
action arising out of or connected with these Promotion, including but not limited to Prize
awarded, shall be resolved individually, without resort to any form of class action, and
exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS
regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation,
enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration
award may be entered in any court having jurisdiction. Under no circumstances will any Entrant
be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive,
incidental or consequential damages, or any other damages, including attorneys’ fees, other
than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this
Promotion), and Entrant further waives all rights to have damages multiplied or increased.
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SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO
YOU. 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 Promotion, 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 New York.
10) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
11) Winners List: For a winners’ list, no later than 60 days after the close of the Contest,
send an email request with the name of the Contest to hello@fooji.com or mail your request
together with a self-addressed stamped envelope to Stanley – Fooji – The Stanleys Winner’s List
Sponsor at the address noted in Section 3 above.
12) Questions? If you have any questions, you may contact us at help@fooji.com.
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