This Sweepstakes is sponsored by De Longhi America Inc., doing business as ‘De’Longhi’ (“De’Longhi”, “Sponsor”, “we”, “our” or “us”). By entering, participating or accepting a prize or award, each entrant (“you”, “your”) unconditionally agrees to and accepts these Official Rules as a legally binding and enforceable contract. A copy of these Official Rules is available at https://www.delonghi.com/en-ca/official-rules
WHO IS ELIGIBLE:
The Sweepstakes is open only to individuals who are considered an adult and of the age of majority where you legally reside and who are legal residents of the United States and Canada. Officers, directors, employees, managers and owners of the Sponsor, its parent, subsidiaries and affiliated companies, as well as its and/or their advertising and promotional agencies, suppliers, contractors, vendors and licensees (the “Sponsor Entities”), and any immediate family members (spouse, parents, siblings and children) or individuals residing in the same household as any these individuals are not eligible to enter or participate in the Sweepstakes or to win or be awarded a prize. Since promotional consideration for the Grand Prize described below has been provided by Villeroy & Boch, USA, Inc. (“Villeroy & Boch”), La Colombe Coffee Roasters (“La Colombe”) and Balzac's Coffee Ltd. (“Balzacs”), officers, directors, employees, managers and owners of each of these companies, their respective parent companies, subsidiaries and affiliated companies, as well as its and/or their advertising and promotional agencies, suppliers, contractors, vendors and licensees are also not eligible to enter or participate in the Sweepstakes or to win or be awarded a prize.
ENTRY PERIOD & DEADLINE:
The Sweepstakes entry period begins on September 25, 2023 at 12:01:00 a.m. U.S. Eastern Time (“ET”) and will end at 11:59:59 p.m. ET, on October 27, 2023 (the “entry period”) and your entry must be received by us before the end of the entry period in order to be entered and eligible to win. Proof of your submission or transmission of an entry will not be deemed to be proof of receipt by us within the entry period and we are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. The date and time of our actual receipt of your entry, as recorded by our systems, is the sole and exclusive mechanism by which your entry will be considered received or not received within the entry period
HOW TO ENTER:
No purchase is necessary to enter or win. During the entry period, if you are an eligible individual, simply complete the online entry form on our Sweepstakes webpage at https://www.delonghi.com/en-ca/coffee-day-sweepstakes-and-giveaways and submit your entry to us using the link provided. No other methods of entry are acceptable or will be accepted. Entries will be deemed made by the identifiable owner of the email account applicable to the submission of the entry, at the time the entry is submitted. In the event of a dispute, entrant may be required to provide proof that she or he is the owner or authorized holder of the identified account.
There is a limit of only one (1) entry per person and if you submit or attempt to submit more than one (1) entry, we have the right to disqualify you and any and all entries you have submitted or attempted to submit and you will be ineligible to participate or win a prize.
There will be two (2) Grand Prizes awarded, one eligible entrant from the United States and one eligible entrant from Canada. Each Grand Prize winner will be awarded a De’Longhi Eletta Explore Fully Automatic Espresso Machine with Cold Brew Technology (Approximate retail value USD$2,000/CDN$2,600) a set of coffee cups provided by Villeroy & Boch (Approximate retail value USD$240/CDN$316) and for US residents, one year’s worth of coffee beans from La Colombe (Approximate retail value USD$500) or for Canadian residents, one year’s worth of coffee beans from Balzacs (Approximate retail value CDN $180). The total approximate retail value of the two Grand Prizes are US $2,740 for the US Grand Prize and CDN $3,096 for the Canadian Grand Prize.
We reserve the right to substitute any prize for a prize of equal or greater value. Legal residents of United States of America: Since the value of the prize is in excess of $600, we are required to issue an IRS Form 1099-MISC to you, sending a copy to the IRS, in an amount equal to the fair market value of the prize you received, inclusive of sales or other transaction taxes that would otherwise apply to you.
All applicable federal, state, provincial and/or local income, withholding taxes and/or other costs and expenses associated with the acceptance, receipt and use of all or any portion of any prize that is not expressly specified in these Official Rules are the sole responsibility of the winner. We cannot be, are not and will not be responsible if the winner of any prize is unable to accept or use all or any portion of the prize, due to any failure to qualify or comply with these Official Rules or restrictions imposed by law, regulation or other rules or requirements that apply to a winner or prospective winner’s acceptance, receipt or use of any prize award. If any prize winner fails to comply with any applicable restrictions, requirements or rules, or fails to comply with these Official Rules in any way, the prize winner may be disqualified and will forfeit any prize award. Except for our right to substitute a prize of equivalent or greater value, no prizes may be transferred, substituted or exchanged, nor cash equivalent allowed.
WINNER SELECTION & NOTIFICATION:
Drawing for the Grand Prizes will take place on or about November 6, 2023 and will be conducted by the Sponsor and we will attempt to contact the potential winners a few days after the potential winners are selected. We will select the potential prize winner from the United States and from Canada, at random from the eligible entries received from residents of each country during the entry period and attempt to notify each potential prize winner using the contact information provided in connection with the individual’s entry. If either or both of the initially selected potential prize winners (a) cannot be notified within five (5) days after the drawing or (b) receives our notification but fails to respond to us or provide the information and documentation required by these Official Rules within seven (7) days of being notified, or (c) in the event of non-compliance with any of these Official Rules at any time or (d) for Canadian residents, failure to provide the correct answer to the mathematical skill-testing question without any assistance within the time allocated, the potential prize winner will forfeit receiving any prize, and an alternate potential prize winner (or, if applicable, winners) will be selected at random from the remaining eligible entries received. Being declared the prize winner and being awarded a prize is contingent upon compliance with and fulfilling all Sweepstakes rules and requirements and we may disqualify you if you fail to do so. In order to be awarded the prize, the potential winner will be required to sign and return an Affidavit of Eligibility & Liability Release Form. If the potential prize winner returns the required documentation properly completed and signed and has complied with all the Official Rules, we will award the potential prize winner the Grand Prize described above. If the potential prize winner fails to properly complete, sign and return the required documentation within the required time period, that individual will be disqualified and declared ineligible and we will select and contact the next alternate potential prize winner as described above.
Prize includes delivery to only one (1) US address for the US Grand Prize winner and one (1) Canadian address for the Canadian Grand Prize winner, as supplied by each respective potential winner. Allow 6-8 weeks for delivery. The prize winner, prior to being awarded a prize must deliver to us a fully completed and properly executed Affidavit of Eligibility & Liability Release Form prior to being entitled to the award of a prize.
For residents of Canada only: potential winner must correctly answer a time-limited mathematical skill-testing question, without assistance of any kind (whether mechanical or otherwise) administered at a mutually agreeable time to claim a prize, otherwise the prize will be forfeited.
The decisions of the Sponsor in all respects applicable to the Sweepstakes, including, without limitation, eligibility of entrants, entries, selection of potential prize winners, compliance with these Official Rules and award of prizes, are and will be final and binding in all respects.
DISCLAIMER & RELEASE:
By entering and participating in the Sweepstakes, each entrant: (i) assumes responsibility for all risks and liability for any damages, losses or injury sustained, incurred, caused or claimed to be caused as a result of participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of any prize; and (ii) releases and agrees to indemnify and hold the Sponsor Entities harmless from and against any and all losses, damages, liability, costs and expenses based on any demand, claim or cause of action associated with and/or arising out of participating in the Sweepstakes and/or the acceptance, awarding, receipt, benefit from and/or use (or misuse) of all or any portion of the prize, including, but not limited to, claims based on rights of privacy and/or publicity.
This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram (or Meta, the parent company) or any other third party, whether social media platform or otherwise. You understand that even though you may have learned about the Sweepstakes on their or any social media platform, should you wish to enter, your browser will be redirected to our webpage to do so. The information you provide as part of your entry and participation are provided to us, not them and they have no liability or responsibility at all for the Sweepstakes.
The interpretation and validity, all issues involving or related to these Official Rules and this Sweepstakes, including, without limitation, the rights and obligations of the parties, shall be construed, enforced and governed exclusively by the substantive laws of the State of New Jersey, without reference to any conflict of laws principles that might result in the application of the laws of any other jurisdiction. By entering, participating or accepting a prize, each entrant is agreeing that: (1) all decisions and determinations of the Sponsor are final and binding for all purposes relating to or associated with the Sweepstakes; (2) any and all disputes, claims, controversies and causes of action arising out of or connected with this Sweepstakes, shall be resolved with you individually, without resort to any form of class action, and exclusively by the Federal or State Courts located in the State of New Jersey; (2) any and all claims, judgments and awards to you shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed $100, but in no event attorneys’ fees; and (3) under no circumstances will you or anyone claiming under or through you, be permitted to seek, claim or obtain a judgment awarding, and you hereby waive all rights to claim, any indirect, incidental, consequential, punitive, special, exemplary and/or any other damages, regardless of the form of action or basis of the claim and whether or not foreseeable and regardless of whether a party has been notified of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
We may disqualify you if you fail to comply with these Official Rules or if we believe you have been or are tampering, interfering with or disrupting any entries, the conduct or the operation of the Sweepstakes. If any of your activities are or may be in violation of criminal and/or civil law, we reserve the right to seek damages to the fullest extent permitted by law and, in our sole determination and discretion, we may provide information to appropriate government and law enforcement authorities. We reserve the right to withdraw, discontinue, cancel, terminate, suspend or modify the Sweepstakes for any reason, including, without limitation, fraud, misconduct, technical problems, human error or causes beyond our control that interfere with the administration, integrity, security or operation of the Sweepstakes, as determined by us in our sole discretion. If we terminate the Sweepstakes before the end of the entry period, we have the right, but not an obligation, to choose the prize winner from the eligible entries received prior to termination. We are not responsible for typographical or other errors in the administration of the Sweepstakes or award of any prize. If we delay or fail to enforce our rights that doesn’t mean we waive them.
After the prizes in this Sweepstakes have been awarded and for 6 months thereafter, you may be informed of the prize winners by sending your request along with a stamped, self-addressed envelope to:
De’Longhi America Inc.
2 Park Way 3rd Floor
Upper Saddle River, NJ 07458
Attn: The Ultimate At-Home Coffee Ritual Sweepstakes
You should also use this address to contact us if you have any questions about these Official Rules.