MILK FOAM MUSTACHE SOCIAL MEDIA PHOTO CONTEST
1. Eligibility: This Campaign is open only to those who purchase one of the eligible Gong Cha Milk Foam
beverages from one of the five Gong Cha cafes in the state of California, and who are 13 years of age as
of August 26, 2015. 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 Gong Cha USA as final and binding as it relates to the content of this
3. Campaign Period: Entries will be accepted online starting on August 28, 2015, 11:30 AM Pacific
Daylight Time and ending September 18, 2015, 10:00 PM, Pacific Daylight Time. All online entries must
be received by September 16, 2015, 10:00 PM, Pacific Daylight Time.
4. How to Enter: The Campaign must be entered by 1. visiting one of the five eligible Gong Cha USA cafes
in California; 2. purchase one of the eligible milk foam beverages; and 3. posting a photo of the
purchased milk foam beverage by the entrant to the official Instagram or Facebook social media
channels of Gong Cha USA (specifically, Facebook.com/GongChaUSAca or @gongchausaca on
Instagram, and/or by using one of the eligible hashtags when posting the image to the entrant’s own
Instagram account. Entrants may submit up to three photos per calendar day. If entrant submits more
than three images, the subsequent images past three will be ignored for consideration. Entrees will be
determined by timestamp of the photo.
5. Prizes: Prizes will be awarded weekly (no more than three times during the three week campaign).
The Winner(s) of the Campaign (“Winners”) will receive five (5) coupons for a free beverage valid at any
of the five California franchises of Gong Cha USA. The specifics of the prize shall be solely determined by
Gong Cha USA. No cash or other prize substitution shall be permitted except at Gong Cha USA’s
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 Gong Cha USA 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: Four winners will be selected each week, Twelve total winners
throughout the three week campaign. At the end of each week, Four winners will be announced. 3 of
the 4 winners will be determined by the total number of likes, comments, and shares on either/or/both
of Gong Cha USA’s Facebook Page and Instagram account. The fourth weekly winner will be selected by
a judging panel of Gong Cha USA’s management team. Winner will be notified by direct mention, instant
message or similar capability on one or both of the Gong Cha USA social media channels (Facebook and
Instagram) within five (5) days following selection of Winner. Winner must then provide Gong Cha USA
with a valid email address. Gong Cha USA requires additional contact with winner to obtain winner’s
mailing address. Five drink coupons will be mailed to winner using a valid mailing address within 14
calendar days of receipt of winner’s valid mailing address.
Gong Cha USA 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 3 days 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 Gong Cha USA ‘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 Gong Cha USA, anyone acting on behalf of Gong Cha USA, and Gong Cha USA’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.
Optional verbiage for Contests: 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 Gong Cha USA. If the content of your entry is claimed to constitute 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 Gong Cha USA from
and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Gong Cha USA
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: Gong Cha USA 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 Gong Cha USA’s control corrupt or affect the administration, security, fairness, or proper
conduct of the Campaign. In such case, Gong Cha USA may select the Winner from all eligible entries
received prior to and/or after (if appropriate) the action taken by Gong Cha USA. Gong Cha USA 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. Gong
Cha USA 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 attempt be made, Gong Cha USA 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 Gong Cha USA 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 THE USA 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.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your
request along with a stamped, self-addressed envelope to: Gong Cha USA, 110 S B Street, San Mateo, CA
94401, United States of America. Requests must be received no later than September 16, 2015, 10:00
PM, Pacific Daylight Time.
14. Sponsor: The Sponsor of the Campaign is Gong Cha USA, 110 S B Street, San Mateo, CA 94401,
United States of America.
15. The Campaign hosted by Gong Cha USA is in no way sponsored, endorsed, administered by, or
associated with Facebook.
16. The Campaign hosted by Gong Cha USA is in no way sponsored, endorsed, administered by, or
associated with Instagram.
17. Eligible Gong Cha USA cafe locations:
46827 Warm Springs Blvd. Suite#101, Fremont, CA 94539
1600 Saratoga Ave, Suite #115, San Jose, CA 95129
1701 Lundy Ave, Suite #170, San Jose, CA 95131
439 Waverley Street, Palo Alto, CA 94301
110 S B Street, San Mateo, CA 94401