Terms and Conditions
1) To be entered in to our PS5 Giveaway, you can make an in-app purchase from a participating Teaspoon store (in-store purchases are excluded from the contest) or via mail entries (No Purchase Necessary)
2) Promotion will run from 11/16/20-12/16/20
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.
Read below for full details and terms and condition of the giveaway
1. Eligibility: This giveaway is open only to those who make a purchase at participating Teaspoon stores (SAN MATEO STORE IS EXCLUDED) through the Teaspoon Cafe mobile app (walk-ins, website, delivery orders, or any order not through the Teaspoon mobile app, do not qualify) and who are 18 years of age as of the date of 11/16/2020. The Campaign is only open to legal residents of California and is void where prohibited by law. Employees of Teaspoon Franchising Inc, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Teaspoon Franchising Inc as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 11/16/2020 at 12:01 AM PST and ending 12/16/2020 at 11:59 PM PST. All online entries must be received by 12/16/2020 at 11:59 PM PST.
4. How to Enter:
Method #1: Via Mobile App Purchase - The Campaign must be entered by making a purchase at participating Teaspoon stores (SAN MATEO STORE IS EXCLUDED) through the Teaspoon Cafe mobile app (walk-ins, website, delivery orders, or any order not through the Teaspoon mobile app, do not qualify). Only full-priced purchases qualify (Discounted items, redeemed vouchers, loyalty points, or any other transactions that are not full-priced are NOT VALID ENTRIES) Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Teaspoon Franchising Inc. Every purchase is an entry into the campaign. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Teaspoon Franchising Inc.
Method #2: Via Mail - During the Sweepstakes Period, eligible Entrants can obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, a handwritten paragraph (not to exceed 25 words) explaining how winning the Prize will impact their life, and mailing the card in an envelope, with proper postage affixed, to: D&A Food Inc, PO Box 6267, Hayward, CA 94540 (the “Mail-In Entry”). All entries must be postmarked by 12/16/2020 and received by 12/20/2020. Each mail-in entry is 1 entry. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Sweepstakes Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted. Limit of two (2) qualifying mail-in entries per Entrant per day.
5. Prizes: The Winner of the Campaign (the “Winner”) will receive a Sony Play Station 5. Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by Teaspoon Franchising Inc. No cash or other prize substitution shall be permitted except at Teaspoon Franchising Inc discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Teaspoon Franchising Inc to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing of all entries under the supervision of Teaspoon Franchising Inc. Winner will be notified by email or phone within five (5) days following selection of Winner. Teaspoon Franchising Inc shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 7days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Teaspoon Franchising Inc‘s SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Teaspoon Franchising Inc, anyone acting on behalf of Teaspoon Franchising Inc, and Teaspoon Franchising Inc’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Teaspoon Franchising Inc. If the content of your entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless [Teaspoon Franchising Inc from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Teaspoon Franchising Inc may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Teaspoon Franchising Inc reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Teaspoon Franchising Inc’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Teaspoon Franchising Inc may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Teaspoon Franchising Inc. Teaspoon Franchising Inc reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Teaspoon Franchising Inc has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Teaspoon Franchising Inc reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Teaspoon Franchising Inc and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in CALIFORNIA having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.