Win A Happy Place Pass 

Terms and Conditions of the Promotion 

 

  • Organizer of the Promotion

FEVER LABS, INC. (hereinafter “Fever“), with tax identification number 99-0368536 and with registered office at 2140 S Dupont Highway, Camden, Delaware 19934, United States, will carry out the promotion called Happy Place The Drive Thru on Instagram (hereinafter, the “Promotion“). 

  • Acceptance of the Terms and Disclaimer

By participating in this Promotion, each participant (each one, a “Participant” and together, the “Participants“) declares that he / she meets all the participation requirements set forth in section 5 (Requirements for Participation) below and agree to be subject to these Terms and all applicable laws, ordinances and regulations, as well as to the decisions that Fever makes regarding this Promotion in accordance with the foregoing. If at any time a Participant informs Fever that it does not accept all the Terms of the Promotion, it will be excluded from this Promotion and Fever will therefore be released from compliance with the obligations contracted with said Participant under these Terms.

By participating in this Promotion, the Participant agrees to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Promotion or with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes (as defined in section 9 Prizes of these Terms).

By way of example, Fever will not assume any responsibility for problems or technical failures of social networks, telephone lines, computer systems, servers, software or error of any email message destined to Fever. Thus, Fever will not be responsible for the inability of any Participant to participate in the Promotion as a consequence of an unforeseeable event. Fever will not assume any responsibility for the defects of  the Prize that are attributable to the manufacturer, distributor or service provider. Likewise, it will not assume responsibility for damages that may occur in the delivery of the Prize and that are attributable to any postal service or transport company, or for any incidents that may occur in transfers, stays or displacements where Prizes include travel or attendance at an event. 

The information necessary to participate in the Promotion and that is provided by the Participant must be true. Any communication of untrue or inaccurate personal data will entitle Fever to disqualify the Participant. Fever may exclude from participation any Participants who are suspected to be engaging inor have engaged in abusive or fraudulent practices. Fever will not be responsible for the veracity of the data provided by Participants. If Fever cannot contact the winning Participants in order to deliver the Prize because the data is not true and accurate, it will not be responsible for its failure to deliver the Prize. 

  • Promotion Period

The Promotion will begin on December 15, 2020 (Pacific / GMT-9) and end on December 18, 2020 (Pacific / GMT-9) in accordance with these Terms.

Fever reserves the right to extend the Promotion period at its convenience, communicating it to users at least through the Promotion post itself. Likewise, Fever reserves the right to interrupt and / or terminate the Promotion in advance in the event that there are reasonable causes that sufficiently justify said decision, by communicating it to users at least through the Promotion post itself.

  • Territorial Scope of the Promotion 

This Promotion will be developed through the official Fever account on Instagram. The territorial scope of this Promotion is the United States. 

  • Participants 

All natural persons who are of age and reside in the United States are eligible to participate. To be a Participant, it will be necessary to have signed in to Instagram with a true profile. 

The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): (i) Fever employees (ii) any person directly or indirectly related to Fever. If any of these people becomes a Participant, regardless of whether they win a Prize, it will be understood that their participation is automatically void.

All relevant federal, state and local laws and regulations apply, and participation shall be deemed to be void where it is prohibited in accordance with the same.

  • Free nature of the Promotion

Participation in this Promotion is completely free and does not imply in itself an additional payment by the Participants. 

  • Promotion Mechanics and Requirements 

The mechanics of the Promotion will be communicated through the official Fever account on Instagram.

In order to participate in the Promotion, Participants must: 

(i) follow @wearehappyplace on Instagram, and 

(ii) comment on the publication in which Fever communicates the promotion, tagging a friend.

Fever reserves the right to request a copy of a Participant’s identity document (such as a driver’s license or passport), for the purpose of:

(i) verifying that the Participation Requirements are met, and 

(ii) delivering the Prize to the winner.

In turn, and for the purpose of being able to deliver the Prize to the winner, Fever reserves the right to request any documentation that it deems appropriate in order to verify the identity of the winner, and shall have the right to refuse delivery of the Prize in the event that the winner does not comply with the participation requirements or any other clause of these Terms. 

  • Winner of the Promotion, date and means of communication

In this promotional offer, Fever will draw one (1) winner at random. One (1) alternate will also be nominated, to substitute the winner in case he or she renounces the Price, cannot be located within a 3 natural days following announcement of the winner, or does not comply with any of the requirements for participation as established in these Terms.

The winner will be announced the next business day to the date the promotion ends. The maximum amount of time allowed for each winner to claim the prize will be 3 days from announcement. Fever will announce the winner in the post promotion campaign, and tag the Participant in the post, using the Participant’s Instagram username.. Fever may  also send a private message via Instagram to the winner. The winner must accept the prize by sending the corresponding email to the following address: hola@feverup.com within a maximum period of 3 days from announcement in accordance with these terms. In case the winner does not accept the prize, they will be disqualified, the Prize will be assigned to the alternate and announced in the same way, and the alternate will have the same time period to accept via email.

In the event that neither the winner nor the alternate accept the Prize or are  able to be located within the periods established in Terms, the Prize will not be awarded.

  • Prize 

The Prize consists of a pass to visit Happy Place: The Drive Thru presented by Subaru. 

  • Participation through social networks 

Instagram does not sponsor, endorse or administer this Promotion in any way , nor is it associated with it. The Participants exempt Instagram from any responsibility derived from the development of this Promotion.

  • Offensive comments

Participants may not comment or incorporate content in the post of the promotion that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that is subsequently removed by Instagram.

Fever reserves the right to remove such content and / or to inform the competent authorities of any content that appears alarming, in its opinion. Any Participant is found in breach of this term shall have their participation automatically made void.

  • Transfer of data and image rights 

In accordance with applicable regulations, the winners shall assign Fever the rights to name, surname, address and image in any advertising or promotional activity that is related to this promotion through any means of electronic reproduction as conventional. These rights of Fever will not grant them the right to any remuneration or any benefit other than the delivery of the Prize in accordance with these Terms. 

  • Data protection

The personal data that each Participant provides in the framework of the Promotion will be processed by FEVER LABS, INC. with registered office at 2140 S Dupont Highway, Camden, Delaware 19934, United States as responsible for the treatment in order to manage your participation in this Promotion, and if necessary, to manage the delivery of the Prize.

In accordance with the applicable data protection laws and regulations, we reminds any California residents that they may contact us at any time to submit requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115 of the California Consumer Privacy Act through the channels available at www.feverup.com 

For more information about the Fever’s treatment of the personal data of its registered users, please consult the Privacy Policy available at www.feverup.com. Please be advised that our Privacy Policy may be adapted during 2020 to ensure compliance with the California Consumer Privacy Act and following public statements and instructions from the California Attorney General.

  • Acceptance and publication of the rules

Participation in this Promotion implies full acceptance of these Terms. Any claim to the contrary by the Participant will result in their exclusion from the Promotion and Fever will, therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms. 

  • Applicable legislation and jurisdiction 

These Terms and Conditions are governed and must be interpreted in accordance with the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue.