Marley Natural™ Kaya Fest Tickets Giveaway Official Rules
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
1. Eligibility: Kaya Fest Tickets Giveaway (the “Giveaway”) is open only to California residents ages 21 years and older as of the start of the Giveaway Period. You must have a registered Instagram user account (“User Account”) to enter. Employees, officers, and directors of Sponsor, and the immediate family members (including spouses, unmarried partners, parents, grandparents, siblings, children and grandchildren) of any such employee, officer or director, are not eligible to enter the Giveaway or win a prize. The Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
2. Sponsor: Docklight LLC, 1920 Eastlake Ave E., Seattle, WA 98102
3. Agreement to Official Rules: The Giveaway will be governed by these Official Rules. By participating in the Giveaway, you agree to be fully and unconditionally bound to these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein.
4. Giveaway Period: The Giveaway begins at 12:00pm Pacific Time (“PT”), April 13, 2018 and ends at 12:00 a.m. PT, April 20, 2018 (the “Giveaway Period”). Entries received after the Giveaway Period shall be disqualified. Sponsor’s computer is the official time-keeping device for the Giveaway.
5. How to Enter:
a. Complete the following steps during the Giveaway Period to be entered into the Giveaway (each an “Entry” and collectively, the “Entries”). Each Entry must comply with the Submission Guidelines below.
i. Enter via Instagram: During the Giveaway Period, (1) tell us why you want to go to Kaya Fest, (2) use hashtags #marleynaturalkayafest and #Giveaway on your Instagram post.
c. Sponsor reserves the right, in its sole discretion, to reject or disqualify any Entry that does not comply with the Submission Guidelines or is otherwise inappropriate, offensive, not keeping with Sponsor’s image or if it is determined that the entrant has not complied with these Official Rules.
d. Limit one (1) Entry per person per day during the Giveaway Period. Any attempt to obtain more than the permissible number of Entries by using multiple/different user accounts or otherwise may void your Entries and/or disqualify you from the Giveaway as determined by Sponsor in its sole discretion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all Entries by that entrant.
e. If you choose to participate using your mobile device, message and data rates may apply. See your wireless provider for pricing plan and participation details.
f. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its respective agents the right to publish, use, adapt, edit, and/or publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation and without consideration to entrant.
6. Submission Guidelines: To be eligible for a chance to win, an Entry must meet the following guidelines (the “Submission Guidelines”). An Entry must not:
a. Violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other property right;
b. Be, include or promote anything unlawful, harassing, abusive, tortious, derogatory, threatening, harmful, vulgar, defamatory, libelous, pornographic, obscene, offensive, or otherwise objectionable; or
c. Depict a child or other person under age 21 years of age, or otherwise suggest the presence of such person, or include content that might be appealing to persons under 21.
7. Winner Selection/Odds. One (1) daily winner will be selected at random each day of the Giveaway Period for a total of five (5) winners. Winners will be selected from the total combined eligible Entries received by Sponsor on Instagram. Odds of winning depends on number of total eligible Entries received.
8. Winner Notification and Prize Acceptance: Potential winners will be notified via direct message on Instagram, and may be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited), IRS W-9 form, assignment of copyright, and/or other requested documentation. If such documents and/or responses are not returned within three (3) days, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner may (but is not required to) be selected. An alternate winner is subject to all eligibility requirements and restrictions of these Official Rules. Sponsor may conduct up to three (3) alternate selections. If no alternate selection is conducted for a prize, the prize will not be awarded. Sponsor shall not have any liability for a winner’s failure to receive notices due to spam, junk, email or other security settings or winners’ provision of incorrect or otherwise nonfunctioning contact information. Sponsor’s decisions will be final in all matters relating to this Giveaway.
9. Prizes: A total of five (5) winners will each receive a pair of weekend (2-day) passes to Kaya Fest at NOS Events Center in San Bernardino, California on April 28 – 29, 2018 (the “Event”). Total individual prize value estimated at $240.00; total estimated retail value of all prizes is $2,400.00. Transportation to and from the Event, and all other expenses incurred therewith are the sole responsibility of individual winner(s). No cash or other prize substitution permitted except at Sponsor’s discretion. Prizes are non-transferable. Sponsor is not responsible for replacing any prize in the event of postponement or cancellation of Event. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of any prize are solely the winner’s responsibility. Winner is solely responsible for reporting and paying all applicable taxes.
10. Publicity Release: Acceptance of any prize constitutes permission for Sponsor and its designees to use winner’s name, platform user account handle and/or likeness for advertising and marketing purposes, without additional compensation, in any media, worldwide, unless otherwise prohibited by law.
11. Releases, Waivers and Limitation of Liability: You agree that Instagram shall have no liability to you whatsoever with respect to the Giveaway. By participating in the Giveaway, you additionally hereby release Sponsor and its parent company, affiliates, and promotional partners, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any and all legal claims, losses, injuries, demands, damages, and/or causes of actions that may occur, directly or indirectly, whether caused by negligence or not, including without limitation for personal injury, bodily injury, property damage, violation of publicity or privacy, or defamation, arising from: (i) your participation in the Giveaway and submission of an Entry, and/or your acceptance, possession, use or misuse of any prize or any portion thereof; (ii) any claims of infringement related to Sponsor’s use of an Entry submitted in connection with the Giveaway; (iii) technical failures of any kind, including without limitation, the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability of any transmissions or telephone or internet service; (v) unauthorized human intervention in any part of the entry process or the Giveaway; (vi) electronic or human error which may occur in the administration of the Giveaway or processing of Entries or votes; and (vii) Sponsor’s use of your Entry, name or likeness. Further, you hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize awarded in connection with the Giveaway. The releases hereunder are intended to apply to all claims known and not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If, for any reason, the fairness or integrity of the Giveaway becomes compromised, Sponsor reserves the right to terminate or modify the Giveaway, and to disqualify any individual who tampers with the entry process or the administration of the Giveaway.
12. Governing Law; Disputes: This Giveaway is governed by the laws of the State of California, without regard to its conflict of laws rules. By entering, entrants and winners hereby submit to the jurisdiction and venue of the federal, state and local courts located in San Francisco, California. Any attempt by an entrant or any other individual to deliberately damage any website related to Sponsor or the Giveaway may be in violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from such entrant to the fullest extent permitted by law. BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), 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 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), 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 FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Winner’s List: To request a list of winner(s): (a) send a stamped self-addressed envelope to: Marketing – Marley Natural Kaya Fest Tickets Winner’s List, 1920 Eastlake Ave E., Seattle, WA 98102; or (b) email firstname.lastname@example.org with Marley Natural Kaya Fest Tickets Winner’s List in the subject line.
14. Instagram: The Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Sponsor and not to Instagram. Any questions, comments or complaints regarding the Giveaway should be directed at Sponsor, and not to Instagram.
© 2018 Docklight LLC and Marley Green LLC, as applicable. “Marley Natural” is a trademark of Marley Green, LLC in the United States and other countries. All rights reserved.