Sustainability School Giveaway 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. giveaway Description. The OneKind.25 LLC cocokind “Sustainability School Recycling 101” giveaway (the “giveaway”) begins on April 16, 2023 at 09:00a Pacific Time and ends on April 23, 2023 at 11:59p Pacific Time (the “giveaway Period”). Within the giveaway Period, the entry period begins on April 16, 2023 at 9:00a Pacific Time and closes on April 23, 2023 at 11:59p Pacific Time (the “Entry Period”).
The Sponsor of this giveaway is OneKind.25 LLC (“cocokind” or “Sponsor”), 366 10th Street, San Francisco, California 94103. By participating in the giveaway, 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 giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the giveaway. Sponsor may be reached by email at firstname.lastname@example.org during the giveaway Period.
2. Eligibility. Open to legal residents of US who are 18 years or older at the time of entry and have a valid shipping address (P.O. Boxes are not deemed valid shipping addresses). This giveaway is subject to all applicable federal, state and local laws and regulations and is void in Puerto Rico, US. Territories and possessions outside of the 50 United States, and where prohibited or restricted by law.
Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and giveaway agencies and each of their respective officers, directors and employees, are ineligible to enter the giveaway 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. One (1) participant will win a prize package, which includes up to $250 total value of product or website credit from cocokind, Owala, Primal Kitchen, and Hu Kitchen.
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. 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 giveaway is open to legal residents of US 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 giveaway online during the Entry Period by completing the Sustainability School Recycling Guide, which can be found at https://www.cocokind.com/pages/sustainability-school-giveaway. Limit one (1) entry per person.
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 giveaway/giveaway 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 giveaway.
5. 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.
6. Winner Selection. The Winners of the giveaway will be randomly selected on or about April 28, 2023.
7. 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 April 28, 2023. 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 giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or giveaway 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.
8. 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.
9. Winner List. To obtain a copy of the Winner list or a copy of these Official Rules, email your request to email@example.com. Requests for the name of the winner must be received no later than six (6) months after the giveaway Period has ended.
11. 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 giveaway; (b) defend, indemnify, release and hold harmless the Sponsor, the participating promotional partners identified herein (including without limitation Misfits Market), and each of their respective parents, subsidiaries, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the giveaway, 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 giveaway, 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.
12. 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 giveaway; (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 giveaway; (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 giveaway or download of any materials in the giveaway.
If, for any reason, the giveaway 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 giveaway, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the giveaway in whole or in part. In such an 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 giveaway.
13. 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 giveaway 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 giveaway, 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 giveaway WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
14. No Affiliation or Endorsement. This giveaway is in no way affiliated or endorsed by Facebook, Instagram, Twitter, YouTube, SnapChat, or any other social media platform.