Terms & Conditions

Welcome to Straus Family Creamery’s websites, including our website located at https://www.strausfamilycreamery.com (collectively, the “Site”). The Site is maintained and operated by Straus Family Creamery (“SFC”, “we” or “us”).

YOUR ACCESS TO AND USE OF THE SITE, IN ANY FORM, CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW OR AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE.

Authorized Use of Site: This Site is provided for your personal, non-commercial use and only for informational purposes, based on your agreement to use the Site consistent with all applicable laws and regulations. Any other use of the Site requires the prior written consent of SFC.  By using the Site, you represent and warrant that you are at least 18 years of age and you agree to abide by any rules, policies, and guidelines in connection with such use, which are incorporated into herein by reference.

Unauthorized Use of Site: You will not take any of the following actions with respect to the Site or content therein, nor will you use the Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content or use the Site in any manner that:

  1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive;
  2. infringes someone else’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
  3. removes any proprietary notices or labels on content;
  4. advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party;
  5. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
  6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  7. constitutes unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
  8. interferes with others using the Site;
  9. is off-topic according to the description of the webpage, forum, or other interactive environment;
  10. contains software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
  11. contains a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme;
  12. disrupts, interferes, or inhibits any other user from enjoying the Site or other affiliated or linked websites, material, contents, products, and/or services.
  13. uses any robot, spider, or other such programmatic or automatic device, including, but not limited, to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products, and/or services;
  14. creates a false identity for the purpose of misleading others;
  15. prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide, or otherwise distribute (whether or not for a fee) such information to any third party;
  16. uses any of our copyrights or trademarks or domain name as a pseudonymous return email address;
  17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
  18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  19. attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the Site;
  20. reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Site or content, use of the Site, or access to the Site;
  21. publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
  22. systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
  23. makes derivative uses of the Site or the content;
  24. uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
  25. modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Site’s underlying technology.

Registration and Passwords: In order to access certain services on the Site, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Proprietary Rights: SFC is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, photographs, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized SFC to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by SFC. If you would like to request permission to use any of the Content on the Site, please contact us.

Privacy: Please refer to our Privacy Policy for more details about how we may collect and use your personal information in or in connection with the Site. SFC’s use of your personal information is governed by our Privacy Policy, which is incorporated herein by reference. You agree that by your use of the Site you consent to the collection and use of your personal information (as set forth in the Privacy Policy).

Security: We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be completely effective. Consequently, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that SFC makes no warranty or representation nor can it ensure that use of any of our Site is protected from viruses, security threats, or other vulnerabilities. You transmit information to us at your own risk.

Links: Our Site may contain links to other web sites not maintained or controlled by SFC. Other web sites may also reference or link to our Site. SFC does not control these other web sites and such web sites have their own privacy and security policies. SFC does not endorse, screen, approve, and is not responsible for the privacy or security practices or content of such other websites. We encourage our users to read the privacy and security policies of each and every web site that collects personally identifiable information. Visiting these other web sites is at your own risk.

Disclaimer of Warranties: THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

IN ADDITION, SFC MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT (A) THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

SFC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS, OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Limitation of Liability: IN NO EVENT WILL SFC, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED SFC ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF SFC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR CONTENT TO YOU WITHOUT THIS LIMITATION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES

Minors: The safety of children is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Site is not directed to children under 13 years of age, and we do not knowingly collect personal information from children under 13 years of age without obtaining parental consent.

Changes: These Terms and Conditions are subject to change at any time without prior notice. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms and Conditions whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms and Conditions as modified. SFC reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that SFC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof). IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO SFC THROUGH THE SITE.

Indemnification: You agree to indemnify, hold harmless and, at our option, defend SFC (including our employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives) from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees and costs, arising from, or related to, a violation of these Terms and Conditions, your use of the Site, or your violation of any applicable law or rights of another. These obligations will survive any termination of your relationship with SFC or your use of our Site.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of SFC to partially or fully exercise any rights or the waiver of SFC of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by SFC or be deemed a waiver by SFC of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of SFC under these Terms and Conditions and any other applicable agreement between you and SFC shall be cumulative, and the exercise of any such right or remedy shall not limit SFC’s right to exercise any other right or remedy.

Entire Agreement: These Terms and Conditions (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and SFC regarding the Site and your use of the Site or the content, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, between you and SFC in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Terms and Conditions.

International Access: Our Site is provided from the United States of America and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.

Governing Law: By visiting or using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the laws of the State of California, without regard to principles of conflicts of law, shall govern these Terms and Conditions.

Dispute Resolution: READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would. The decision of the arbitrator will be in writing and binding and conclusive on you and SFC, and judgment to enforce the decision may be entered by any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Albert Straus, 1105 Industrial Avenue, Ste #200, Petaluma, CA, 94952. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse the foregoing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Notwithstanding the foregoing, you and SFC agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. You and SFC understand that, absent this mandatory arbitration provision, you and SFC would have the right to sue in court and have a jury trial. You and SFC further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules in the county where you live or at another mutually agreed location.

For residents outside the United States, arbitration shall be initiated in San Francisco County, California, and you and SFC agree to submit to the personal jurisdiction of any state or federal court in San Francisco County, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address:

ATTN: Straus Family Creamery
Privacy Request
1105 Industrial Avenue, Ste. 200
Petaluma, CA 94952

You must provide your name, address, and email, and a clear statement that you want to opt-out of this arbitration provision, within the later of 30 days after your first use of the Site or within 30 days of changes, if any, being made to the Site, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of these arbitration provisions, SFC will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event, some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and SFC agree to waive, to the fullest extent allowed by law, any trial by jury.

Class Action Waiver: READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you and SFC will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Conditions and/or in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and SFC further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with the Site.

The terms of this provision will also apply to any claims asserted by you against any of SFC’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us.

OFFICIAL RULES – Straus ORGANIC Extra Rich Barista® INSTAGRAM promotion 2018

  1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Straus Organic Extra Rich Barista® Instagram Promotion 2018 (the “Promotion”).  A purchase will not increase your chance of winning the Promotion.  The Promotion begins 11:00 am PST on November 9, 2018 and ends 5:00 pm PST on November 11, 2018 (“Promotion Period”). During the Promotion Period, you must be an attendee at the Los Angeles Coffee Festival at the Magic Box @REEF on 1933 S. Broadway in Los Angeles. You enter the Promotion by grabbing a prop (optional), snapping a selfie, posting it to your Instagram using the #StrausExtraRichPromo, and tagging and following @Strausmilk on Instagram. Make sure your settings are public so we find your post and confirm you’ve properly entered.

 

Incomplete, false or deceptive entries are void. Winner will be picked and announced on or around 5:00 pm PST on November 16, 2018 from all entries received during the Promotion Period. Straus Family Creamery, Inc.’s (“Straus”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by Straus on any Straus owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

 

  1. ELIGIBILITY: From the official time and date of the start of the Promotion Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident currently residing in the 48 contiguous United States or the District of Columbia. You must also be 18 years of age or older as of the official time and date of the start of the Promotion Period. You must have a public Instagram account and follow @Strausmilk. The Promotion is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. This Promotion shall be governed by laws of the United States.  Employees of Straus and their advertising and Promotion agencies, and any other entities participating in the design, Promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion.

 

  1. SELECTING THE WINNER AND NOTIFICATION: The potential prize winner will be selected by at random drawing after searching the #StrausExtraRichPromo and compiling all eligible entrants (each an “Entrant” and collectively the “Entrants”). Straus, whose decision is final and binding in all respects, will contact the selected Entrant through Instagram on direct messenger (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize depend on the number of eligible entries received from Entrants, the photo meeting the criteria set forth herein, following Straus and including the promotional hashtag. Failure of Potential Prize Winner to respond to such notification within 48 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 48 hours to respond. Straus reserves the right to modify the notification procedures in connection with the selection of any Alternate Potential Winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).

 

  1. PRIZE:

 

4.1        Winner will receive a Straus Organic Extra Rich Barista®Milk shirt, trucker hat, 5 free product vouchers, lunch tote, and Boba Guys Gift card. Winner is responsible for all other costs and expenses associated with the Prize.  Additional restrictions may apply.

4.2        Total Approximate Retail Value (“ARV”) of the Prize: 100.00 USD

 

4.3        Straus is not responsible if the Prize is changed for any reason and Winner will not be reimbursed for the ARV of Prize. Prize is non-transferable and no substitution will be made except as provided herein and at Straus’s sole discretion.  Straus reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

 

4.4        Limit one (1) Prize per person/household.  Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with Prize receipt and/or use that are not expressly stated above are not included in the Prize package and are the sole responsibility of the Winner.  Such costs may include, without limitation, any incidentals, tips, telephone calls or other personal costs and expenses not specified herein but in relation to the use or acceptance of the Prize which are the sole responsibility of the Winner.

 

  1. General Prize Conditions: Payments of all federal, state and local taxes are solely the responsibility of the Winner. Winner will be required to complete and submit an IRS form W – 9 to Straus indicating the Winner’s full Social Security Number or equivalent for the receipt of any Prize awarded by Straus in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize.  Airline tickets will be purchased for Winner in the name as listed in the W-9.

 

  1. PRIZE ELIGIBILITY: Except where prohibited, Potential Prize Winner will be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form (“Affidavit/ Release”). Such documents must be signed and returned by the date and/or time indicated within such documents. If Potential Prize Winner fails to sign and return such documents within that time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with the Official Rules, then Potential Prize Winner will be disqualified and an Alternate Potential Winner will be selected.  Entrant waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize.  Straus is not responsible for fraudulent calls or emails made to Entrants not from Straus.  All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of the Winner.  Except where prohibited by law, Entrant’s entry and acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review permission or further compensation.  All entries are subject to verification prior to awarding of Prize. Eligibility, age and claims made by a Potential Prize Winner and Guest are also subject to verification prior to awarding of the Prize.

 

  1. PROMOTION CONDITIONS – VOID WHERE PROHIBITED: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Straus and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants publicity rights were infringed upon. Winner and Entrants also agree to release, discharge, indemnify and hold harmless the Promotion Entities, Allegra Events, Instagram and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; of any acceptance, possession, ownership, misuse of any Prize; or participation in any distribution; or in production errors. Straus may rescind any Promotion found to contain such errors without liability at its sole discretion. THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

 

  1. RESTRICTIONS – VOID WHERE PROHIBITED: Straus may at Straus’s sole and absolute discretion: (i) provide different prizes of different or greater value; Straus shall not be liable to any Entrant, Winner or any person claiming through such Entrant, Winner for failure to supply the Prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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 Straus’s sole control. Straus’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. LIMITATION OF LIABILITY: Promotion Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion.  If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Straus which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Straus reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by Straus up until the time of such cancellation, termination, modification or suspension,  as applicable. By entering this Promotion you are giving your permission to receive emails from Straus. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STRAUS RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

 

  1. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

 

  1. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  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.  To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

 

  1. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO STRAUS’S PRIVACY POLICY ON THE PROMOTION ENTRY PAGE; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO STRAUS’S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

 

  1. This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with Instagram or Allegra Events.

 

  1. RULES/WINNERS LIST: For the name and address of prize winner(s) send an email to media@strausmilk.com. In the subject of the email, type “Straus Organic Extra Rich Barista® Instagram Promotion Winner 2018.” Straus shall only release the first name, the last initial and state of residence of the Winner to those requesting this information.
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