OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. PARTICIPATION IN THE CONTEST CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF THE OFFICIAL RULES (“RULES”) BELOW.
SPONSOR. This contest is sponsored by MYSMARTGIVING INC (KIINDLY.com). (“Sponsor”). References to Sponsor in this Agreement shall refer solely to the company sponsoring the contest and, its parent company, affiliates, subsidiaries and respective employees, officers and directors.
This Sponsor Referral Contest (the “Contest”) is open to legal residents of any of the fifty (50) United States and the District of Columbia who are at least the age of majority in their state of residence (which is eighteen (18) years of age in most states, but 19 in Nebraska and Alabama and 21 in Mississippi). Employees of Sponsor and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible. The Contest is subject to federal, state, and local laws and regulations.
2. AGREEMENT TO RULES.
Participation in the Contest constitutes your agreement to and acceptance of these Rules and the decisions of the Sponsor, which are final and binding. Winning a Reward is contingent upon being and staying compliant with these rules.
3. CONTEST PERIOD
The Contest begins on April 1st, 2018 at 12:00 am EST and ends on July 31st, 2018 at 11:59 pm EST (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified.
4. HOW TO ENTER
During the Contest Period, you will have the opportunity enter your email address to participate in the contest. At the end of the contest period, one email address will be drawn by the sponsor's management team at random to be declared as the winner. In order to constitute a valid entry, you must: 1) agree to sign up for the Sponsor’s email list, and 2) use a valid email address to sign up. Each valid referral will be marked as an Entry in the Contest.
5. WINNER NOTIFICATION
This section is only applicable to referring parties that qualify for a Reward. Sponsor will attempt to notify the potential winner(s) via email on or about August, 31st, 2018. If you are eligible for a Reward, you will be notified by email. You will be required to respond to us within five (5) days of the date of notice or attempted notice is sent, in order to claim your Reward. If you cannot be contacted, or you fail to respond appropriately within the required time period, or the Reward is returned as undeliverable, you forfeit your Reward. If you are at least eighteen (18) but are still considered a minor in your jurisdiction of residence, Sponsor reserves the right to place the Reward in the name of your parent or legal guardian, who will be required to sign the Declaration of Claim on your behalf and fulfill any other requirements imposed on you set forth herein. Receiving a Reward of any type is contingent upon fulfilling all requirements and compliance with these Rules. In the event that a Reward recipient is disqualified for any reason, Sponsor is not obliged to provide an alternate Reward or extend the Contest Period in any way.
6. GENERAL CONDITIONS
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, technical problems, security malfunctions or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, Sponsor may, in its sole discretion, either: (1) suspend the Contest to address the impairment and then resume in a manner that best conforms to the spirit of these Rules; or (2) terminate the Contest and, in the event of termination, no participant shall be eligible for a Reward of any type.
Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Rules or in a disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Participating individuals have been advised of the existence of Section 1542 of the California Civil Code which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding Section 1542 of the California Civil Code, entry and participation in the Contest shall constitute a full release of liability in accordance with its terms. Each Participating party knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of these Rules and that without such waiver, Sponsor would not have accepted the entry.
7. RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Contest, you agree to release and hold harmless Sponsor, and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (together, “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt of a Reward, including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, or wireless service provider; (b) unauthorized human intervention in the Contest; (c) mechanical human, printing or typographical errors; or (d) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or acceptance, receipt or misuse of any Reward you may receive. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.
8. PRIVACY & INFORMATION SUBMITTED
These Rules shall be governed by, and construed in accordance with, the laws of NJ, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than NJ. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Reward awarded shall be resolved by binding arbitration, without resort to any form of class action, and exclusively by the appropriate court located in NJ. The parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute. Arbitration proceedings shall take place in the State of NJ. Each party is responsible for paying its own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.