Pregnancy Pack Giveaway OFFICIAL TERMS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT THAT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, THIS AGREEMENT CONTAINS A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION.
1. Contest Description. The OneKind.25 LLC cocokind “Pregnancy Pack” Contest (the “Contest”) begins on April 17, 2022 at 10:00a Pacific Time and ends on May 1, 2022 at 11:59p Pacific Time (the “Contest Period”). Within the Contest Period, the entry period begins on April 17, 2022 at 9:00a Pacific Time and closes on April 21, 2022 at 9:00p Pacific Time (the “Entry Period”); the voting period begins on April 22, 2022 at 9:00a Pacific Time and closes on May 1, 2022 at 11:59p Pacific Time (the “Voting Period”).
The Sponsor of this Contest is OneKind.25 LLC (“cocokind” or “Sponsor”), 366 10th Street, San Francisco, California 94103. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Contest. Entrants should look solely to Sponsor with any questions, comments or problems related to the Contest. Sponsor may be reached by email at email@example.com during the Contest Period.
2. Eligibility. Open to legal residents of US/DC who are 18 years or older at the time of entry, are Club Kind members, and have a valid shipping address (P.O. Boxes are not deemed valid shipping addresses). This Contest is subject to all applicable federal, state and local laws and regulations and is void in Puerto Rice, US. Territories and possessions outside of the 50 United States, Canada, and where prohibited or restricted by law.
Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and Contest agencies and each of their respective officers, directors and employees, are ineligible to enter the Contest or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. Prizes. Two (2) community members will win a prize package, which includes: up to $350 for round-trip airfare for one (1) to the Bay Area in San Francisco, California (Approximate Retail Value $350); an overnight stay in San Francisco for one (1) (Approximate Retail Value $275); lunch with Sponsor’s founder and CEO, Priscilla; and a year’s supply of cocokind Tinted Lip Shield (six (6) total units) with a full cocokind routine of Oil-to-Milk Cleanser, Ceramide Barrier Serum, Turmeric Illuminating Solution, Texture Smoothing Cream, and Daily SPF (approximate retail value of $203). Total approximate retail value of $828. The trip is anticipated to occur between June 6, 2022 and June 17, 2022.
Limit one prize per person. Prizes cannot be transferred, redeemed for cash or substituted by Winner. The approximate retail value (ARV) of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. If the round-trip airfare exceeds $350, or the overnight stay exceeds $275, Winner is responsible for any amount exceeding $350 or $275, respectively. Winner is responsible for all other costs, including but not limited to transportation, meals, and baggage fees. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Contest is open to legal residents of US/DC and Prizes will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. In the event a winning Entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning Entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited.
4. How to Enter. Enter the Contest online during the Entry Period by submitting the Contest Entry Form, which can be found at https://www.surveymonkey.com/r/N69JK67. Entrants must be a Club Kind member to enter Contest – enter at https://www.cocokind.com/account/register. Limit one (1) entry per person. Once the Entry Period closes and the Voting Period begins, all entrants will be posted in an online portal at https://www.cocokind.com/pages/lip-spf-sweeps where the public can vote for the fan favorite.
Automated or robotic Entries and votes submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/Contest subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be submitted by the end of the Entry Period in order to participate, and all votes must be received by the end of the Voting Period in order to count. Sponsor’s database clock will be the official timekeeper for this Contest.
5. Submission of Entries. By submitting your entry, you represent the following: (a) that your response to the promoted questions is your original work; (b) that your responses are true and accurately reflects your honest opinion of, and experience with cocokind; (c) that your photos are accurate depictions of yourself and are owned by you; and (d) that the photos comply with the Picture Content Requirements.
6. Picture Content Requirements. All pictures submitted must comply with the below criteria. Noncompliance will result in disqualification.
They cannot contain the image or likeness of any other individual, living or dead, other than Entrant, unless Entrant has express permission from that person to use their likeness in connection with the Contest.
They cannot prominently feature trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or as authorized by Sponsor for use by entrants in connection with the Contest.
They cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor's, including, but not limited to, any of Sponsor's competitors, any of Promotion Entities’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.
They must be suitable for a general audience and contain only content that, in the sole discretion of Sponsor, is suitable for a general audience. Any Entry will be automatically void if it contains, in Sponsor’s sole discretion, content that is: defamatory; derogatory; disparaging; sexually explicit or suggestive; contains nudity; promotes violence, alcohol, illegal drugs, gambling, tobacco use, or firearms/weapons; promotes any particular political agenda; or otherwise obscene or offensive.
They cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
They cannot violate any law.
7. Sponsor’s Rights to Submissions. By submitting your online entry, you grant to the Sponsor and its agents an irrevocable, perpetual, non-exclusive, fully paid-up, sub-licensable license and right to reproduce, publish, use, transmit, display, comment on, exploit, create derivative works based upon, combine with other works (an all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute your photos and all elements of your online entry, including without limiting, the entry form answers, name, biographical information, and opinions in any way, in any and all media no known or hereafter devices, worldwide, in perpetuity without limitation, permission, notification, attribution, or restriction from you or any third party, and without further compensation. By submitting an entry, you warrant that you have the ability to grant the aforementioned rights to the Sponsor and its agents. You further agree not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or its agents, on the grounds that any use of the photos or entry form content, or any of derivative works, infringes your rights. You further agree to release and hold the Sponsor harmless in the event that any third party instigates such an action against the Sponsor. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. You further agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Facebook, Instagram, Twitter, TikTok, YouTube, the Sponsor, or its agents, on the grounds that any use of the entry, or any of derivative works, infringes your rights. You further agree to release and hold Facebook, Instagram, Twitter, TikTok, YouTube, and the Sponsor harmless in the event that any third party instigates such an action against the Sponsor. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor or you and Facebook, Instagram, Twitter, TikTok, or YouTube.
8. Odds of Winning. The odds of winning depend on the number of eligible entries received. Multiple Entries by the same Entrant do not increase the odds of winning.
9. Winner Selection. The Winners of the Contest, subject to verification, will be selected by a panel of cocokind judges. On or about May 6, 2022, a panel of qualified cocokind judges will evaluate all entries according to the following criteria (the “Judging Criteria”): (a) quality of required prompts; (2) number of votes received; and (3) enthusiasm for brand. Each entry will be evaluated on a scale of 1-5. In the event of a tie, the judges will reevaluate the tied entries based on the Judging Criteria using a scale of 1-5. The decisions of the judges with respect to the selection of the Winners and all other matters related to the Contest shall be final and binding in all respects.
10. Winner Notification. Winner will be notified by email at the email address provided in the Entry information. Winner notifications will be sent on or about, May 9, 2022. The potential Winner must accept a prize as directed by Sponsor within one week of notification.
Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any social media or email account. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture.
The potential Winner may be required to sign and return an affidavit of eligibility and release of liability, and a publicity release (collectively “the Prize Claim Documents”). Except where prohibited or restricted by law, Winner’s acceptance of the prize constitutes the Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or Contest on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
If Winner notification is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected.
The trip is anticipated to take place between June 6, 2022 and June 17, 2022; it must occur within four (4) months after Winner Selection. Product prizes are anticipated to be distributed during the trip.
11. Entry Copyright. By accepting a prize, the winners agree that his/her entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their entry. Sponsor reserves the right to alter, change or modify any winning entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
12. Winner List. To obtain a copy of the Winner list or a copy of these Official Rules, email your request to firstname.lastname@example.org. Requests for the names of the winners must be received no later than six (6) months after the Contest Period has ended. For accessing a Winner List online, visit https://www.cocokind.com/pages/lip-spf-winner-list. The Winner list will be posted after Winner confirmation and verification is complete.
14. Entry Conditions & Release. Each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.
15. Limitation of Liability. Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest.
If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Contest.
16. Disputes. Sponsor reserves the right in its sole discretion to interpret these Official Rules, and such interpretation shall be binding upon all participants. Except where prohibited, participating Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the validity and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
ALL PARTICIPATING ENTRANTS AND PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS CONTEST WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
17. No Affiliation or Endorsement. This Contest is in no way affiliated or endorsed by Facebook, Instagram, Twitter, YouTube, SnapChat, or any other social media platform.