Fall 2020 Survey Giveaway

Enter to win a Summer Moon Autumn prize pack by tagging your Instagram posts #MyAutumnMoon. Photos must feature Summer Moon's Autumn Moon Latte.

Giveaway Period: 11/8/19-11/22/19

How to Enter: Snap a photo of your Autumn Moon Latte and post it to your Instagram feed (not your story). Be sure to tag your photo #MyAutumnMoon and follow us at @SummerMoonCoffee. Photo must be public. Multiple entries permitted.

Drawing: After November 22nd, we’ll select a winner at random. This is not a photo contest.

Winner Notification: Once the winner has been drawn, we’ll attempt to notify them via Instagram message to request their mailing address. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact them, we’ll select an alternate potential winner at random.

Winner Requirements: Must be 18+ and a US resident to enter. Employees of Summer Moon are not eligible to enter. Only open to customers who have not won a prize from Summer Moon in the past 90 days.

Prize: The Summer Moon Autumn Prize Pack includes a bag of wood-fired coffee beans, Summer Moon merchandise and a gift card. We will ship it to the winner. 

How Photos Will Be Used: We may repost your #MyAutumnMoon photos to our Instagram feed and stories, website and other promotional materials.

Note: Ineligible submissions include photos that violate or infringe upon another person’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights or civil rights; contain sexually explicit, nude, obscene, violent or other objectionable or inappropriate content; or in any way disparage Summer Moon or any other person or party.

You retain your rights to your photograph; however, by submitting your photo, you grant Summer Moon a royalty-free, world-wide, irrevocable, non-exclusive license for one year to use, modify, publish, display, distribute, create derivative works from and reproduce the photo on Summer Moon digital and print entities, including Instagram (@SummerMoonCoffee), the Summer Moon website, Summer Moon coffee shops, and in other promotional materials.

Official Rules:

The Summer Moon #MyAutumnMoon Instagram Giveaway Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. This giveaway is operated by Summer Moon Coffee, 11029 Signal Hill Dr., Austin, TX 78737 (“Sponsor”). 1. How to Enter. To enter the Autumn Instagram Giveaway (“Giveaway”), upload a photo that includes Summer Moon coffee and/or merchandise outdoors during the Giveaway Period (defined below) (the “Photo”) and with the hashtag #MyAutumnMoon to Instagram. You may gain an additional entry by tagging other Instagram users in the comments section of the designated giveaway post(s). You must be an active holder of a non-private Instagram account and be a follower of @SummerMoonCoffee to be eligible to enter this Giveaway. You must make sure the “Photos Are Private” option in the account settings on your Instagram account are set to “OFF”. You must have an Instagram app and account to enter via this method. If you do not have the Instagram app, you may download it through the application store on your device. The Instagram app is free. All entry information and Photos shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Content Restrictions defined below. Sponsor reserves the right to cancel or modify this Giveaway. By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights (including, without limitation any intellectual property rights) of any third parties; (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein; and (d) all information the entrant provided herein is true and accurate. Sponsor reserves the right to request third party releases / authorizations from any third party included in any Submission at any time, without any payment or consideration to be paid by Sponsor. Failure to produce fully executed third party releases / authorizations (if applicable) may result in disqualification of the Submission and from the Giveaway, in Sponsor’s sole and absolute discretion. Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, non-exclusive license to use, reproduce, publish and display such Submissions in whole or in part, on a worldwide basis, in any form, media or technology now known or later developed for one year for purposes of implementing the Giveaway. For any winner, providing a Submission constitutes the winner’s consent to give Sponsor an irrevocable, exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, for the legal term of protection of copyright including future legal extensions thereof, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites. No automated entry devices and/or programs permitted. Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. 2. Start/End Dates. Giveaway begins at 12:01 a.m. Central Time on August 1st, 2019 and ends at 11:59 p.m. Central Time on August 30th, 2019 (“Giveaway Period”). 3. Eligibility. Participation open only to legal residents of the United States who are at least 18 years of age. Void where prohibited, taxed or restricted by law. Employees, officers and directors of Summer Moon and its subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Giveaway materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. 4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the content restrictions set forth below (the “Content Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Content Restrictions. Content Restrictions: • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights or civil rights; • The Submission must not in any way disparage Sponsor or any other person or party; • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous; • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; • The Submission must not contain material that is unlawful, in violation of or contrary to the laws, regulations or, if applicable, socialist morals of any jurisdiction where Submission is created; • The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; and • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Giveaway. Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. Sponsor’s decisions are final and binding in all matters relating to this Giveaway, including, but not limited to, interpretation and application of these Official Rules. By entering the Giveaway, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Giveaway. 5. Winner Determination. After the close of the Giveaway Period and until about September 15th, 2019, a winner will be selected at random from all Submissions. 6. Prize(s). One (1) Prize Pack containing Summer Moon merchandise and coffee. Prize is non-transferable. No substitutions or cash redemptions. 7. Notification. On or about September 5th, 2019, winner will be notified by direct message and undertake, if required, to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or license agreement within five (5) business days of prize notification. Additionally, winners may be required to submit releases / authorizations from any and all third parties appearing in their respective Submissions. If any winner cannot be contacted within five (5) business days of first notification attempt (or such longer period or number of attempts as may be required by applicable law), if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Giveaway rules and requirements, such prize will be forfeited and may be awarded to another randomly selected entry. Upon prize forfeiture, no compensation will be given. 8. Conditions. Sponsor shall not be liable or responsible in the event Submission is not used for any reason. Any and all federal, state and local taxes are the sole responsibility of the winner. Participation in Giveaway and/or acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Giveaway or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants waive all and agree not to assert any moral or similar or equivalent rights in relation to their Entry, throughout the world. Wherever enforceable: by participating, entrants and winners agree to release and hold harmless Sponsor, and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Giveaway, or possession, acceptance and/or use or misuse of prize or participation in any Giveaway-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Giveaway in any way shall be disqualified. Sponsor is not responsible if Giveaway cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. 9. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Giveaway, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Giveaway should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or web site. Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to any Submission, the authorized account holder of the email address or social media account used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned to the applicable social media account or the email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. 10. Limitation of Liability; Disclaimer of Warranties. WHEREVER ENFORCEABLE, THIS GIVEAWAY IS NOT SUBJECT TO LEGAL RECOURSE. WHEREVER ENFORCEABLE, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 11. Disputes; Governing Law. Wherever enforceable, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Giveaway. Wherever enforceable, any controversy or claim arising out of or relating to these Official Rules and/or the Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Texas. WHEREVER ENFORCEABLE, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Travis in the State of Texas. The parties agree not to raise the defense of forum non conveniens. 12. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. By participating in the Giveaway, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 13. List of Winners. To obtain a list of winners, send an email to info@summermooncoffee.com prior to December 15, 2019.