Nepali Tea Traders - What are you Steeped In?

Nepali Tea Traders, LLC “’Steeped In’, Share Your Passion With Us and We’ll Send You a Cup of Ours”, Contest

2014/2015 OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Promotion Description: The “’Steeped In’, Share Your Passion With Us and We’ll Send You a Cup of Ours”, Contest ("Sweepstakes") begins on December 8, 2014 at 08:00 AM, Mountain Time, and ends upon the earlier to occur of (a) 05:00 PM, MT, on February 7, 2015 and (b) the Sponsor having given away 1,000 Prizes (as defined below), as may be extended by Sponsor, in its sole and absolute discretion (“Sweepstakes Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Nepali Tea Traders, LLC ("Sponsor"), which shall be final, binding and non-appealable in all respects. Sponsor is responsible for the collection, submission and processing of any and all entries into the Sweepstakes (“Entries”) and the overall administration of the Sweepstakes. Those persons submitting Entries into the Sweepstakes (“Entrants”) should look solely to Sponsor with any questions, comments or complaints related to the Sweepstakes.

2. Eligibility: The Sweepstakes is open to legal residents of the 50 United States (including the District of Columbia) who are at least: (a) 18 years of age or (b) the legal age of majority in their respective state of residence. Void where prohibited or restricted by applicable law. Sponsor and its respective affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors and employees, and members of their respective immediate families and/or persons living in the same household as such persons (collectively, the "Sweepstakes Entities"), are ineligible to Enter the Sweepstakes or to win a Prize.

3. DRAWING AND ODDS OF WINNING: Every Entrant during the Sweepstakes Period who complies with these Official Rules (including, without limitation, Paragraph 5 below) will receive one Prize, consisting of a sample of two pyramid tea bags shipped to the Entrant at no cost to the Entrant (“Prize”).

4. Prize And Approximate Retail Value (“ARV”): The total retail value of the each Prize, including tea, packaging and shipping, is approximately $3.00.

TOTAL ARV OF ALL PRIZES IN THIS SWEEPSTAKES = $3,000 (or higher by $3.00 per Prize if/as the Sweepstakes Period is extended by Sponsor)

Only one Prize per person, per email address and per household will be awarded. Winners will not be notified, other than by receipt of their Prize at the physical mailing address included as part of their Entry. Sponsor will ship prizes within 2-3 weeks of receipt of the Entry. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right, in its sole and absolute discretion, to award a substitute Prize of equal or greater value if the Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The stated ARV of each Prize represents Sponsor's reasonable good faith determination. That determination is final and binding and cannot be appealed. If the actual value of a Prize turns out to be less than the stated ARV, the difference will not be awarded in cash or otherwise. Sponsor makes no representation or warranty concerning any Prize. Restrictions, conditions, and limitations may apply.

Sponsor will not replace any lost or stolen Prize, such loss to be determined by Sponsor in its sole and absolute discretion.

Prizes will be awarded and delivered ONLY to addresses within the 50 United States (including the District of Columbia). All federal, state and/or local taxes, fees, and surcharges and other expenses associated with claiming a Prize are the sole responsibility of the Prize winner. Failure to comply with any of these Official Rules will result in forfeiture of the Prize.

5. Entry Procedures and Conditions: You may Enter the Sweepstakes during the Sweepstakes Period only by visiting the following website: steepedin.nepaliteatraders.com (“Sweepstakes Site”), and by signing into the Entry Form within the Sweepstakes Site and performing all of the tasks and furnishing all of the information required of you as part of the Entry Form.

Each Entry and/or any content submitted in connection with an Entry or otherwise in connection with the Sweepstakes (each, a “Submission”) must satisfy the following conditions (“Submission Requirements”): (i) the Submission must not contain any person other than the Entrant; (ii) the Submission must be the submitting Entrant’s original, previously unpublished work and not include any material owned or controlled by third parties (including without limitation, third party copyrighted material) and may not have been entered in any other contest or considered for any other award; (iii) the Submission may not contain any brands, logos or trademarks not permitted to be featured in Sponsor promotions and advertising; (iv) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Sweepstakes); and (v) the Submission must not include any content that is obscene, pornographic, libelous, defamatory, illegal or otherwise objectionable.

Any Submission that, in Sponsor's sole and absolute discretion, violates the Submission Requirements may be disqualified, and may be withheld or removed from the Sweepstakes Site or from any other media utilized in connection with the Sweepstakes Entries must be received by the end of the Sweepstakes Period in order to be eligible to receive a Prize. By submitting any Entry and/or Submission, the Entrant confirms they have read, accepted, and agreed to be bound by these Official Rules. All data in whatever form submitted in connection with an Entry or Submission becomes the non-exclusive property of Sponsor and will not be acknowledged or returned. Except as otherwise provided in these Official Rules, any data collected through the Sweepstakes shall be used only in a manner consistent with these Official Rules. Any communication or information transmitted to Sponsor by electronic means or otherwise will be treated as non-confidential and nonproprietary, and may be used by Sponsor in any manner not inconsistent with these Official Rules.

The Sponsor, and/or its designated representatives, may review Submissions received and may post to the Sweepstakes Site any Submissions that conform to these Official Rules, including, but not limited to, the Submission Requirements, as determined by the Sponsor in its sole and absolute discretion (“Eligible Submissions”). Eligible Submissions posted to the Sweepstakes Site will be available for viewing by the general public, and any such posting or re-posting elsewhere on the Internet by Sponsor or its designated Representatives will be deemed made at the express direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entries that do not comply with these Official Rules, as determined in Sponsor’s sole and absolute discretion, may be disqualified from the Sweepstakes and may be withheld or removed from the Sweepstakes Site. All such decisions by the Sponsor are final, binding and non-appealable.

By entering, an Entrant understands and agrees that any of its Eligible Submissions may be posted on the Internet (as well as in other media, as determined by the Sponsor, in its sole and absolute discretion) for public viewing on the Sweepstakes Site or elsewhere on the Internet. Further, by entering, an Entrant automatically and irrevocably furnishes Sponsor express permission to use his or her name, likeness and other personally identifiable information in accordance with these Official Rules, including Paragraph 11 below.

Any Entrant who incorporates any intellectual property into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms and Conditions of Use residing on Sponsor’s website (“Sponsor Website”), which Terms and Conditions of Use may be found at the following link: http://www.nepaliteatraders.com/pages/legal, and which Terms and Conditions of Use shall remain in full force and effect, if Sponsor is notified or otherwise becomes aware that any element of an Entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove a Submission from the Sweepstakes Site, Sponsor’s Website or elsewhere on the Internet within Sponsor’s control due to any such alleged infringement, such Entrant’s Submission may be disqualified from the Sweepstakes and removed from the Sweepstakes Site, Sponsor Website and/or other media being utilized in connection with the Sweepstakes, in each case, as Sponsor may determine in its sole and absolute discretion. Further, no Entrant will be eligible to receive a Prize unless and until Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.

6. Privacy: Each Entrant acknowledges that certain of their personally identifiable information may be disclosed to third parties, including as part of a legally required winner's list. All personally identifiable information submitted as part of the Sweepstakes may be shared by and among the Sweepstakes Entities, and each of the Sweepstakes Entities will use such information strictly in accordance with its own respective privacy policy and in accordance with Paragraph 11 below. The Sponsor’s Privacy Policy can be found at http://www.nepaliteatraders.com/pages/privacy-policy

7. Limitation of Liability and Release: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any misdirected or lost communication by whatever means, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the commercially reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes.

As a condition of Entering the Sweepstakes, Entrants automatically and irrevocably release Sponsor and the Sweepstakes Entities from any and all liability, loss, or damage incurred with respect to Entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any Prize.

In the event of a dispute concerning who Entered online to participate in the Sweepstakes, the Entry will be declared to have been made by the authorized account holder, which shall be the natural person who is assigned to the Entered email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the Entered email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If any such dispute cannot be resolved to Sponsor's reasonable satisfaction, the Entry will be deemed ineligible.

8. Copy of Winner's List or Official Rules: To obtain a copy of any legally required winners list or a copy of the Official Rules, send the applicable request and a self-addressed, stamped, #10 envelope to Nepali Tea Traders at the address noted in Paragraph 9 below. Requests must be received by the end of the Sweepstakes Period for a copy of the Official Rules and by July 31, 2015 for a copy the winner’s list.

9. Sponsor: The Sweepstakes is sponsored by Nepali Tea Traders, LLC, 9609 S University Blvd, P.O. Box 631421, Highlands Ranch, CO 80130; contact@nepaliteatraders.com.

10. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING PURSUING CRIMINAL PROSECUTION. IN THE EVENT OF ANY SUCH ATTEMPT, THE OFFENDING PERSON MAY BE EXCLUDED FROM THE SWEEPSTAKES BY SPONSOR, IN ITS SOLE AND ABSOLUTE DISCRETION. In the event that an Entry is confirmed to have been erroneously deleted, lost or destroyed, a non-offending Entrant’s sole remedy shall be another Entry into the Sweepstakes.

Use of email addresses from disposable or temporary e-mail address services, or email forwarding services, is prohibited and any attempt to Enter the Sweepstakes using such an email address will be blocked and/or disregarded. Only fully completed Entries are eligible to win a Prize. Entrants may not Enter using multiple email addresses nor may Entrants use any other device or artifice to Enter multiple times or as purportedly different Entrants. Any Entrant who attempts to Enter multiple times will be fully disqualified and will forfeit any and all Entries (including its first) and Prizes; all such determinations to be made by Sponsor in its sole and absolute discretion. Proof of submission of an Entry is not proof of receipt of Entry by Sponsor.

11. Publicity: Except where otherwise prohibited by law, by participating in the Sweepstakes and/or accepting a Prize, each Entrant hereby irrevocably grants permission for Sponsor and those acting under its authority to use his or her name, address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on the Sweepstakes Site and/or Sponsor’s Website) now known or hereinafter invented, without territorial or time limitations and without further notice to and without additional compensation, and hereby releases Sponsor and the Sweepstakes Entities from any and all liability in connection therewith. Similar personally identifiable information may also be included in a publicly-available winner’s list.

By participating in the Sweepstakes, each Entrant hereby irrevocably grants Sponsor and its agents and successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but in no event any obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use any Submission in any way, for any reason, and in any and all media (including but not limited to the Sweepstakes Site), without limitation, and without further notice, consent or consideration to the Entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole and absolute discretion, to modify and make derivative works of any Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall retain these rights granted herein with respect to each Submission even if the Submission is disqualified, is inconsistent with these Official Rules or fails to meet the Submission Requirements.

Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof. Also please note: Without any limitation to the foregoing, any photo tagged with the Instagram Hashtag (#Steepedin) will be treated as a Submission subject to these Official Rules and, as such, may be posted by Sponsor on the Sweepstakes Site or otherwise re-posted elsewhere on the Internet. By using the Instagram Hashtag, you are acknowledging and agreeing that Sponsor has the right to stream your Submission through the Instagram API or post it on the Sweepstakes Site or elsewhere on the Internet.

12. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE SWEEPETAKES, EACH ENTRANT AGREES THAT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

13. Governing Law & Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Colorado, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Paragraph 13 of these Official Rules shall be resolved exclusively in the federal, state, and local courts located in Douglas County, Colorado. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent permitted by applicable law.