THESE OFFICIAL RULES ARE A CONTRACT - PLEASE READ THEM CAREFULLY. PARTICIPATION IN THE SURVEY CONSTITUTES PARTICIPANTS’ FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES. NO PURCHASE IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED OR WHERE REGISTRATION, BONDING OR LANGUAGE TRANSLATION IS REQUIRED.
The Notebooks Survey is sponsored and administered by Elastic Projects, Inc. dba Abstract 548 Market Street, PMB 24097, San Francisco, CA 94104 (the “Sponsor”). The Notebooks Survey will begin on September 24, 2021, 9am Pacific Time and end on October 24, 2021, 9am Pacific Time (the “Survey Period”).
Participation in the Notebooks Survey is open to recipients of the survey email sent by Sponsor regarding the recipient's trial of the Abstract Notebooks services (“Participant”). Participants must have attained at least the age of majority in their jurisdiction of residence and, in any event, be at least 18 years of age. Employees or agents of the Sponsor or its parent or affiliate companies or suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Additionally, the following are ineligible to participate in the Notebooks Survey and receive a prize (1) residents of Cuba, Iran, North Korea, Sudan, Syria or any country subject to U.S. embargo; (2) any persons (including businesses, research institutions, government and private organizations, individuals, and other types of legal persons) on the U.S. government’s Denied Persons List, Specially Designated Nationals list, Entity List, Unverified List or any other similar list maintained by the U.S. government or any other government to whose laws the Sponsors, its subsidiaries or affiliated companies, or such person is subject, and all individuals employed thereby or otherwise associated therewith; and (3) any persons for whom it would be illegal to participate in or with or to whom it would be illegal for the Sponsor to interact or award the prize as contemplated herein.
HOW TO ENTER
To enter, Participants must submit responses to the Notebooks Survey within the Survey Period. Each Participant who completes the Notebooks Survey shall be entitled to one (1) prize, as described below. If the Sponsor deems a recipient of the survey email to have made multiple applications to enter or to have acted in bad faith with respect to the Notebooks Survey, the recipient shall be excluded from the Survey and consequently ineligible to win the prize.
PRIZE DESCRIPTION AND FULFILLMENT
Each eligible Participant will receive (1) $5 Starbucks e-gift card upon completion of the Notebooks Survey. Only one prize per person and per household will be awarded to the first one hundred (100) Participants. The approximate retail value (“ARV”) of the prize per Participant is $5 USD. The ARV of the prize represents Sponsor's good faith determination, which is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Gift cards and gift certificates are subject to the terms and conditions of the issuer, Starbucks Corporation. The Notebooks Survey is in no way sponsored, endorsed, administered by or associated with the Starbucks Corporation. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded.
Prizes will be delivered to the Participant’s email address. Prizes cannot be transferred, redeemed for cash or substituted. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
The prize may not be transferred or assigned; no substitutions or cash equivalents are allowed. Any and all taxes on the prize and reporting thereof, and any other costs, fees and expenses relating to the prize, are the sole responsibility of the Participant. By completing the Notebooks Survey or accepting the prize, the Participant represents and warrants that: (1) the Participant agrees to these Official Rules and meets the eligibility requirements herein; (2) the Participant has obtained all required authorizations and permissions from the Participant’s institution or company; (3) participating in the Notebooks Survey does not and will not violate any law or regulation, or any of the Participant’s institution’s or company’s rules or policies; and (4) the information contained in the survey is true and correct in all material respects. The Sponsor may refuse to award the prize if the Sponsor determines in its sole discretion that doing so would likely result in a violation of an applicable law, rule, or policy.
INDEMNITY, DISCLAIMER AND LIMITATION OF LIABILITY
By participating in the Notebooks Survey, Participant agrees on behalf of the Participant and the Participant’s institution or company to release, discharge, indemnify and hold harmless the Sponsor and its affiliates, subsidiaries, officers, directors, employees, agents and representatives from all liability for any injury, loss or damage, including death or property damage, due in whole or part, directly or indirectly, to the participation in the Notebooks Survey or the acceptance, possession, use or misuse of the prize. The Sponsor has not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. THE SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, STOLEN, INCOMPLETE, ILLEGIBLE, INACCURATE, UNDELIVERED, DELAYED OR MISDIRECTED ENTRIES, OR FOR ANY COMPUTER, THE INTERNET, EMAIL, TELEPHONE OR TECHNICAL MALFUNCTIONS OR DELAYS, OR FOR ANY HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF ENTRIES, OR FOR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR IF THE NOTEBOOKS SURVEY IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF THE SPONSORS. IN NO EVENT SHALL THE SPONSOR OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONJUNCTION WITH PARTICIPATION IN THE NOTEBOOKS SURVEY OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THEM ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE SPONSOR’S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE NOTEBOOKS SURVEY SHALL IN NO EVENT EXCEED THE TOTAL VALUE OF THE PRIZE.
RIGHT TO MODIFY OR CANCEL
The Sponsor reserves the right to suspend, modify, cancel or terminate the Notebooks Survey without advance notice, including, without limitation, in the event of any act, occurrence or reason that it believes would compromise the legality, integrity, administration or fairness of the Notebooks Survey.
If one or more provisions of these Official Rules are held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be valid and enforceable. These official rules are governed by and shall be construed by the laws of the State of California, USA, without application of its choice of law principles. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. The failure of the Sponsor to comply with any provision of these Official Rules due to civil unrest, threat of or actual acts of terrorism or war, embargoes, governmental actions, acts of God, earthquakes, floods, storms, fires, supplier delay, accidents, explosions, epidemics, quarantine restrictions, or other such contingencies beyond the control of the Sponsor, shall not be considered a breach of these rules.
CONTACT INFORMATION FOR THE NOTEBOOKS SURVEY
Elastic Projects, Inc. dba Abstract
548 Market Street, PMB 24097
San Francisco, CA 94104