Terms & Conditions

PROMOTION TERMS

CHAMBERLAIN COFFEE & GOPUFF GIVEAWAY

Official Rules

This promotion (“Promotion”) is sponsored by Chamberlain Coffee (“Chamberlain”) and is open to customers from applicable countries in the US, excluding Canada and shall be construed according to, and governed by, U.S. law.

Notwithstanding anything to the contrary contained herein, this Promotion is void in jurisdictions where local law/compliance restricts, prohibits or otherwise requires changes or additions to these rules and terms.

PROMOTION DESCRIPTION

818 Tequila not included in the kit, and 818 Tequila is not part of the sweeps from an organizer or sponsor perspective.

818 Tequila is a registered trademark of K & Soda Inc. 818 Tequila is not utilized as an ingredient in Chamberlain Coffee’s Candied Pecan Single Serve. Chamberlain’s Cold Brew Single Serves are nonalcoholic. Produced under license from 818 Spirits Inc © 2024

The Promotion begins on or about April 24, 2024 at 6:00 AM PST and ends at 9:00 AM PST on April 26, 2024 (the “Giveaway Period”). You acknowledge that dates for such Promotion Period are subject to change in Chamberlain’s sole discretion. At the end of the Promotion Period, twenty-five entrants will be notified as the Prize (as defined below) winner (“Winner”), as set forth below. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules as follows:

ELIGIBILITY

NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE GIVEAWAY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Only legal residents of the Eligibility Area who are eighteen (18) years of age and older are eligible to enter.

ENTRIES

Entries are captured through entries given via submission to Chamberlain through one of the following ways:

1. Entrants who submit their email address through giveaway landing page.
2. Entrants who write in to hi@chamberlaincoffee.com.
3. Entrants who purchase a bundle of Chamberlain Coffee Candied Pecan cold brew singles on Gopuff.

Each of the above shall be referred to herein as a “Submission”.

Chamberlain is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, or postage-due entry submissions, which may be judged void. Entries by any method other than those set forth above are void. Limit one (1) entry per person and/or household, email address and/or wireless phone number, regardless of the method of entry. Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by Chamberlain of an entry for this Giveaway. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Chamberlain's satisfaction, the affected entry will be deemed ineligible.

By submitting any Submission, participant agrees that participant’s disclosure is gratuitous, unsolicited and without restriction and will not place Chamberlain under any fiduciary or other obligation, that Chamberlain is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to participant. Participant acknowledges that, by acceptance of participant’s Submission, Chamberlain does not waive any rights to use similar or related ideas previously known to Chamberlain, or developed by its employees, or obtained from sources other than you.

If applicable, by sending or transmitting to Chamberlain any Submission, participant hereby grants to Chamberlain and its designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to participant. The foregoing license to Chamberlain shall be fully paid-up and royalty free. Participant represents and warrants that any person or entity named or pictured in such Submission has provided any necessary licenses, rights or authorizations to allow Chamberlain’s use of such Submission in accordance with such license. None of the Submission disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

WINNER SELECTION AND NOTIFICATION

The Winners will be selected by Chamberlain randomly on or around May 2nd, 2024. Chamberlain shall notify the winners directly via email. Chamberlain shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit his or her Prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to award, such potential Winner will be disqualified, and an alternate Winner may be selected.

DESCRIPTION OF PRIZE / ODDS

PRIZE:

Twenty-five (25) winners will receive an Espresso Martini kit, inclusive of the limited edition Chamberlain Coffee and 818 Tequila Maple Pecan cold brew singles, martini glass, and shaker.

GENERAL PRIZE CONDITIONS

Prizes will be awarded only if the potential Winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable. All details and other restrictions of prizes not specified in these Official Rules will be determined by Chamberlain in its sole discretion. No cash alternative or substitution will be allowed, except Chamberlain reserves the right in their sole discretion to substitute prize(s) of comparable value if the Prize is unavailable, in whole or in part, for any reason. EACH WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS (INCLUDING INSURANCE) ASSOCIATED WITH THE APPLICABLE PRIZE. Potential Winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CHAMBERLAIN HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT AND/OR THE APPROXIMATE VALUE OF ANY PRIZE.

GENERAL LIABILITY RELEASE/FORCE MAJEURE

Acceptance of the Prize constitutes Winner’s permission for Chamberlain to use Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state). By participating or accepting the Prize, Winner hereby releases, discharges and covenants not to sue Chamberlain, and any of their affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities (collectively, “Released Parties”), in respect of any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorney fees (“Claims”) that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Giveaway, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize). Winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorney fees, that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Giveaway, use of the Prizes, or for Winner’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Released Parties assume no responsibility for any damage to a Winner’s or any other person’s computer system or wireless phone which is occasioned by participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Chamberlain reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Chamberlain reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Chamberlain reserves the right to modify, extend, suspend or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Chamberlain’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event Chamberlain is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., COVID/SARS), order of any court or jurisdiction, or other cause not reasonably within Chamberlain’s control (each a “Force Majeure” event or occurrence), then Chamberlain shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before its designated end date, Chamberlain will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Chamberlain. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THERIGHTS AND OBLIGATIONS OF ENTRANTS OR CHAMBERLAIN IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.

ARBITRATION PROVISION

By participating in this Giveaway, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, Chamberlain relating to, arising out of or connected in any way with (i) the Giveaway, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (the “Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Giveaway. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Chamberlain’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Chamberlain. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

GDPR Policy – Chamberlain Coffee LLC

1. Chamberlain Coffee LLC is the Data Controller – How do you contact us?

Chamberlain Coffee LLC is the data controller responsible for handling the personal data that we have collected from you. You can find our contact details below:

Chamberlain Coffee LLC

450 N Roxbury Drive

Beverly Hills CA 90210

Mail: hi@chamberlaincoffee.com

If you have any questions or concerns or complaints about our Privacy Policy or our data collection and processing practices, or if you wish to exercise any of your rights

or if you want to report any security violations to us, please contact us

1. Purpose with and use of your personal data and the legal basis for the use of your data

We use your Personal Data in the following ways:

• When you visit our website, we collect information regarding your use of our website including your browser type, which search terms you use, your IP address including your network location, and information about the device you are using to visit our website. Furthermore, we collect information regarding which products and services you click on and add to your basket. This information is collected through cookies. Learn more about our use of cookies in our cookie policy. (chamberlaincoffee.com/policies/privacy-policy (http://www.chamberlaincoffee.com/policies/privacy-policy)). We use third-party analytics services to help analyze how users use our Site. The information generated by the Cookies or other technologies about your use of our Site is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services do also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. You can see who these third parties are in our Cookie policy. LINK
• The purpose is:
• to gather statistics to analyze trends, about our user movements and use of our website, so we better can tailor our Services to our users’ needs
• to be able to give you recommendations to products on our website that we think you might be interested in, and
• to carry out marketing of our products to you, including marketing via Facebook and Google, and
• to improve the security of our website
• The legal basis for processing is the EU General Data Protection Regulation (Henceforth “GDPR”) art 6 (1) (f) and your personal data will only be processed if you have given your consent to the processing of your personal data with this specific purpose.

• When you order a product or communicate with us on our website, we collect the information you provide us, e.g. your name, address, email address, phone number, payment information, time of purchase, which products you purchase or may return, shipment information and the IP address for which you make the order.
• The purpose is:
• to create a customer account and to deliver the products you have ordered as well as our agreement with you
• to handle your rights to return and to complain
• to prevent fraud, and
• to fulfill any legal requirement including the Danish Accounting law and Annual report law
• The legal basis for processing is GDPR art 6 (1) (b) (3.2.1.1-2), art 6 (1)(c)(3.2.1.4), and art 6 (1)(f)(3.2.1.3) and the Danish accounting law paragraph 10.
• If you sign up for our newsletter, we collect information regarding your name, email address, IP address, and your phone number if you provide us with it. We collect information regarding when you signed up for our newsletter, when you unsubscribe from our newsletter and information about where and when you open our newsletter.
• The purpose is:
• to send you the newsletter
• to construct statistic to optimize our newsletters and to carry out marketing of our services, and
• to document your consent to receive the newsletter
• The legal basis for processing is the EU GDPR art 6 (1) (f).

• If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, to send you a reply

• The purpose is:
• to send you an answer on your feedback or mail, and
• to process any complaint about a product failure

• The legal basis for processing is the EU GDPR art 6 (1) (f).

• The purpose is:
• to document who the author of the review is

• The legal basis for processing is the EU GDPR art 6 (1) (f).

• When you visit our Facebook page, you shall be aware of that we make use of Facebook´s analysis tool “Page insight” to obtain statistics over visitors and to gain insights on visitors use of our Facebook page, including the number of likes, who likes our posts, number of page visitors and interactions with our page, the reach of our post and other insights.

In connection to this, Facebook collects information as a data controller together with us. When you visit our Facebook page, you will gain access to information regarding the processing of these data. For more information, follow this link https://www.facebook.com/legal/terms/information_about_page_insights_data (https://www.facebook.com/legal/terms/information_about_page_insights_data)

• We have entered an agreement with Facebook regarding the shared responsibility of the data. You can read the agreement via this link https://www.facebook.com/legal/terms/page_controller_addendum (https://www.facebook.com/legal/terms/page_controller_addendum)

3 Legitimate interests we pursue with processing your personal data

As described above, parts of our processing of your personal data are carried out based on a legitimate interest according to GDPR Article 6 (1)(F). Our legitimate interest in using your personal data to carry out marketing activities, improve our website, improve the security of our website and prevent fraud, have been balanced concerning your interests, basic rights and freedom rights to secure our use of your data do not exceed these. If you want to learn more about how we have balanced our use of your data according to this paragraph, please contact us on one of the methods stated in section 1.

4 Receivers or categories of receivers of your personal data

We transfer or hand over your personal data to the following receivers:

• Information regarding your name, address, email, phone number and order number, and specific shipping information will be transferred to Link Logistics, GLS, or any other carrier that handles the shipment of your order. If you purchase a product we do not have at our warehouse, information regarding your order will be transferred to the manufacturer or importer of the respective product and in such case, the manufacturer or the importer will handle the shipment of your order.
• Personal data can be transferred to a government department if we are required to do so by law or if the police may suspect any break of law or as a part of an investigation of specific criminal offenses. Information regarding a purchase including who has made the order and any shipment information can be transferred to the credit card company if the cardholder expresses that the credit card has been abused in connection to the specific purchase.
• Information can be handed over to third-party service providers that process data on our behalf. We use third-party service providers to, amongst others, hosting of our website as well as targeted marketing including retargeting and to collect customer reviews of our website and products. These companies are data processors and follow our instructions for processing your data which we are the data controller of. The data processors may not use your personal data with another aim than to fulfill their agreement with us and the information that the data processors receive are subject to confidentiality.

5 Transfer of your data to receivers outside of EU/EEA

We will transfer your personal data to data processors established outside of the EU/EEA.

Four of these data processors, Google Analytics v/Google LLC., Pinterest Inc, and Facebook Inc. is established in the USA. The necessary guarantees for transferring data to the USA are secured through data processor certification under EU-U.S. Privacy Shield, according to EU GDPR article 45.

Copy of Google LLC's certification can be found via this link:

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI)

Copy of Pinterest Inc´s certification can be found via this link:

https://www.privacyshield.gov/participant?id=a2zt00000008VVzAAM (https://www.privacyshield.gov/participant?id=a2zt00000008VVzAAM)

Copy of Facebook Inc´s certification can be found via this link: :

https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active)

6 Storage of your personal data

Information collected when you make an order on our website as described in section you make your order. However, information can be stored for a longer period if we have a legitimate need for longer storage, e.g. if it is necessary to store the data for a legal requirement can be determined, be in evidence, or defend the legal requirement. Also, the information will be stored if storage is necessary to fulfill a legal requirement. Furthermore, accounting records will be stored for 5 years from the ending of the calendar year in which you order has been made, for us to fulfill the requirements of the Danish accounting law.

Information collected when you sign up for our newsletter will be deleted when you withdraw your consent unless we have any other reason for using your data.

If you decide to delete your customer account, we will delete all data we have stored about you.

Information collected when you give us feedback or contact us per mail will be deleted after 1 year unless we have another reason for using your information.

For information collected through your use of our website as described in section 2.1 including cookies, you can find information regarding the deletion of such data in our cookie policy. (www.chamberlaincoffee.com/policies/privacy-policy (http://www.chamberlaincoffee.com/policies/privacy-policy)).

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. To do this, please contact us via the contact information stated in section 1.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent

7 Your rights regarding the use of your information

According to GDPR you have several rights regarding our use of your personal data.

To exercise any of these rights, please contact us.

Right to obtain access to the information

You can request access to the personal information we use about you as well as other information we process.

Right to get untrue information corrected

You have the right to get any untrue information about you corrected.

Right to get data deleted

On special occasions, you have the right to get information about you deleted before we normally would delete such data.

You may change any of your Personal Data in your account by contacting hi@chamberlaincoffee.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). We may also retain your information for fraud or similar purposes

Right to restricted processing

In some cases, you have the right to get the processing of your personal data restricted. If you have the right to get the use of your personal data restricted, we cannot process personal data about you in the future - except storage - without your consent unless we as a result of any legal requirement are required to do so or to protect a person or important public interests.

Right to object

In some cases, you can object to our or legal processing of your personal data. You can also object to the processing of your personal data to direct marketing.

Right to portability of your data

In some cases, you have the right to receive your personal information in a structured, widely used, and machine-readable format as well as get access to any personal data that we have transferred to a third-party.

8 Complain to a data protection authority

You have the right to complain to a data protection authority about our collection and use of your personal information.