1. Eligibility: The Promotion is open only to persons 18 years of age or older who have completed the LIVEKINDLY survey. If you are deemed a minor in your country of residence (“Minor”), you must have the consent of your parent or legal guardian to participate in this Promotion. Proof of consent may be required at any time. Employees affiliated with LIVEKINDLY Lifestyle Inc. and its partners are not eligible.
2. Promotion Period: The Promotion begins at 09:00 PST 18th October 2022 and Ends 23:59 PST 26th October 2022. (the “Promotion Period”). LIVEKINDLY Lifestyle Inc reserves the right to extend the Promotion Period at any time, and closing date is open to variation depending on campaign delivery.
4. Survey Entry: Entrants must, during the Promotion Period, be invited by Sponsor or opt to participate in a survey associated with this Promotion, follow the link to the survey website, and complete the survey online. Entrants must complete all required information. Once you have completed the survey, you will be automatically entered in the Promotion.
5. Winner Selection: Winners will be chosen at random. You are not a winner until your prize claim is validated and you receive official notification from the Sponsor or the Promotion Administrator. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries that are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will not be entered into the Promotion. Entries made by facsimile, overnight courier, third party entry service, automated means, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion. Odds of winning depend on the number of eligible entries received.
6. Prizes, Approximate Retail Value (“ARV”):
The randomly selected winners (3) will each win 1 prize (3 prizes maximum in total) and will be given the option to select the branded item they wish. If for any reason the item is unavailable, then an alternative will be offered, or a gift card to a maximum value of $450.
Prizes depicted in imagery, graphics, or photos related to The Promotion do not represent exact prizes to be awarded.
Total ARV of individual prizes available in this Promotion will not exceed $450 USD. If no suitable physical item is decided upon, then a gift card value of maximum $450, per prize will be offered. No substitution, cash redemption, or transfer of prizes is permitted except at the Sponsor’s sole discretion or as provided herein.
All federal, state, and local income taxes on the prizes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. Arrangements for the delivery of prizes will be made after winner validation. Unclaimed prizes shall not be awarded.
No more than the stated number (3) of prizes will be awarded. If for any reason, the number of prize notifications exceeds the stated number of prizes, the remaining prizes will be awarded in a random drawing from among all legitimate prize claimants.
7. General Rules: All applicable federal, state, and local laws apply. All potential winners will each be contacted by email, telephone, regular mail, or overnight mail, and may be required, at Sponsor’s discretion, to complete, sign and return an affidavit of eligibility, a liability release, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable, or failure to respond to notices or return any required documents in a timely manner, or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Promotion Administrator, may result in disqualification of the winner and forfeiture of the corresponding prize. By participating in this Promotion, entrants agree to abide by and be bound by these Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion.
Sponsors are not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants’ or any person’s computer; (v) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (vii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; or (viii) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupts or affects the security, administration, fairness, integrity or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to suspend or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the Promotion Administrator will select any remaining winners in a random drawing from among all eligible, non-suspect entries received through all entry methods combined as of the time/date of termination.
Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method, or any entry service.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name the entry was made.
8. Release & Waiver: By participating in this Promotion, entrants agree to release, discharge, and hold harmless Sponsors from and against any and all liability, loss, injuries, or damages associated with participation in this Promotion or the acceptance, possession, use, or misuse of any prize received in this Promotion. By participating in this Promotion, entrants waive all rights to claim punitive, indirect, incidental, and consequential damages, attorneys’ fees, or any damages other than actual out-of-pocket costs incurred to participate.
9. Disputes/Venue/Governing Law: By participating, entrants agree that (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Promotion or any prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in in the county of Los Angeles, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion but in no event attorneys’ fees; and (3) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of any participant or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
10. Publicity: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners’ names and likenesses for purposes of advertising and publicity in all media worldwide without further compensation or notice unless prohibited by law.
12. Sponsor: LIVEKINDLY Lifestyle, Inc. 108 Exeter Drive, Berkeley Heights, New Jersey, 07922
13. Promotion Administrator: The Promotion is administered and judged by LIVEKINDLY Lifestyle, Inc. 108 Exeter Drive, Berkeley Heights, New Jersey, 07922
All trademarks used herein are the property of their respective owners.