Gong Cha Milk Foam Octoberfest Social Media Photo Contest Guidelines

  1. Eligibility: This Campaign (GONG CHA MILK FOAM OCTOBERFEST SOCIAL MEDIA PHOTO CONTEST) is open only to those who purchase one of the eligible Gong Cha Milk Foam beverages from one of the nine Gong Cha cafes in the state of California, and who are 13 years of age as of September 30, 2016. 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 Campaign.
  3. Campaign Period: Entries will be accepted online starting on October 3, 2016, 11:30 AM Pacific Daylight Time and ending October 31, 2016, 10:00 PM, Pacific Daylight Time. All online entries must be received by October 31, 2016, 10:00 PM, Pacific Daylight Time.
  4. How to Enter: The Campaign must be entered by 1. visiting one of the nine 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 social media channel of Gong Cha USA (@gongchausaca), 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 four times during the four week campaign). The Winner(s) of the Campaign (“Winners”) will receive a $20.00 gift card for Gong Cha USA valid at any of the nine 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: Three winners will be selected each week, Twelve total winners throughout the four week campaign. At the end of each week, three winners will be announced. 2 of the 3 winners will be determined by the total number of likes on Gong Cha USA’s Instagram account. Likes will be scored as “one point” and the pictures receiving the top two point totals per week will be deemed the winners. The third weekly winner will be selected by a judging panel of Gong Cha USA’s management team.Winners will be notified by direct mention, instant message or similar capability on the Gong Cha USA Instagram account 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 in order to provide “winner” with the $20 gift card.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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Gong Cha USA website (https://gong-cha-usa.com). To read the Privacy Policy visit here: https://gong-cha-usa.com/octoberfest-milk-foam-contest-guidelines/.
  6. 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 October 31, 2016, 10:00 PM, Pacific Daylight Time.
  7. Sponsor: The Sponsor of the Campaign is Gong Cha USA, 110 S B Street, San Mateo, CA 94401, United States of America.
  8. The Campaign hosted by Gong Cha USA is in no way sponsored, endorsed, administered by, or associated with Facebook.
  9. The Campaign hosted by Gong Cha USA is in no way sponsored, endorsed, administered by, or associated with Instagram.
  10. Eligible Gong Cha USA cafe locations:
      46827 Warm Springs Blvd. Suite#101, Fremont, CA 94539
    • SAN JOSE
      1600 Saratoga Ave, Suite #115, San Jose, CA 95129
      1701 Lundy Ave, Suite #170, San Jose, CA 95131
      2200 Eastridge Loop Suite 2000 San Jose CA 95122
      439 Waverley Street, Palo Alto, CA 94301
      110 S B Street, San Mateo, CA 94401
    • NEWARK
      39730 Cedar Boulevard Newark CA 94560
    • DAVIS
      1411 W Covell Blvd. Suite #110 Davis CA 95616
      6825 Stockton Boulevard Suite 230 Sacramento CA 95823