Kabrita Trip to the Netherlands Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations and ordinances. The Kabrita Trip to the Netherlands Sweepstakes (the “Sweepstakes”) begins on October 6, 2023 at 12:00 a.m. Eastern Time (“ET”) and ends on January 8, 2024 at 11:59 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- 1. SPONSOR: The Sponsor for this Sweepstakes is Kabrita (“Sponsor”), 200 Portland Street, Boston, MA 02114.
- ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents of the 50 United States and D.C. who are 18 years of age or older (19 years of age or older in Alabama and Nebraska, 21 years of age or older in Mississippi) at the time of entry, and who are able to travel to the Netherlands within eighteen (18) months of being selected as the winner. Employees, officers, directors and agents of Sponsor, any other company involved in the presentation, administration or fulfillment of the Sweepstakes, and/or their respective subsidiaries, affiliated companies and divisions (collectively, the “Sweepstakes Entities”), and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
- HOW TO ENTER: During the Sweepstakes Period, you may enter the Sweepstakes through one (1) primary entry method (“Primary Entry Method”), and you may multiple your entry up to two (2) times, to receive up to twenty (20) times your Primary Entry Method by completing the additional entry methods (“Additional Entry Methods”). An entrant must complete the Primary Entry Method in order to successfully enter the Sweepstakes and be eligible to win. Entrants who complete an Additional Entry Method, without also completing the Primary Entry Method, will not be eligible to win. An entrant may only enter the Sweepstakes through the Primary Entry Method one (1) time, and may only multiply their Primary Entry Method entry through the Additional Entry Method two (2) times, for a maximum of twenty (20) entries per person, throughout the Sweepstakes Period.
- Primary Entry Method: During the Sweepstakes Period, go to https://kabrita.com/pages/meet-kabrita-infant-formula and sign up to receive the Kabrita email newsletter, by providing all required information including a valid home address, first and last name, and email address, and choosing to subscribe to receive recurring marketing emails from Kabrita. You may unsubscribe from receiving these marketing emails at any time, by following the link to “Unsubscribe” contained within any received marketing email. Upon completion and submission of your request to receive the Kabrita email newsletter, you automatically will be entered with one (1) entry into the Sweepstakes.
- Additional Entry Method 1: During the Sweepstakes Period, visit: survey one and follow the on-screen instructions to complete and submit the survey. You must provide answers to all required questions, as well as any requested information (including your first and last name and email address), and submit the form, in order to successfully complete this Additional Entry Method. Completion of this Additional Entry Method will multiply an entrant’s Primary Entry Method entry by ten (10) times. You may only complete this Additional Entry Method 1 one (1) time throughout the Sweepstakes Period.
- Additional Entry Method 2: During the Sweepstakes Period, visit: survey two and follow the on-screen instructions to complete and submit the survey. You must provide answers to all required questions, as well as any requested information (including your first and last name and email address), and submit the form, in order to successfully complete this Additional Entry Method. Completion of this Additional Entry Method will multiply an entrant’s Primary Entry Method entry by ten (10) times. You may only complete this Additional Entry Method one (1) time throughout the Sweepstakes Period.
An entrant who has successfully completed the Primary Entry Method may multiple their entry to receive additional entries into the sweepstakes by completing any or both of the above Additional Entry Methods. Completion of any one of the above Additional Entry Methods will provide the entrant with ten (10) times their Primary Entry Method entry into the Sweepstakes. You will only be eligible complete each of the two Additional Entry Methods one (1) time, to multiply your Primary Entry Method a maximum of two (2) times, for a maximum total of twenty (20) entries throughout the Sweepstakes Period.
Please note: By entering in this Sweepstakes, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor’s website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Entries, comments and content submitted or uploaded to any websites or public sites in connection with this Sweepstakes, including any responses to any survey questions (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains any personal identification, such as license plate numbers, last names (first names are permitted), email addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; and/or (v) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sponsor; and/or that violate these Content Submission requirements, and/or the terms of these Official Rules will be disqualified. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate, or that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
LIMIT ONE (1) ENTRY VIA PRIMARY ENTRY METHOD PER PERSON, AND LIMIT TWO (2) ADDITIONAL ENTRY METHODS PER PERSON, FOR A MAXIMUM OF TWENTY (20) ENTRIES PER PERSON THROUGHOUT THE SWEEPSTAKES PERIOD. ADDITIONAL ENTRIES IN EXCESS OF THE LIMIT MAY BE DISQUALIFIED. Automated entries, entries which use or in any way incorporate artificial intelligence or any other simulation of human intelligence or process through the use of a machine or computer system (collectively, “Artificial Intelligence”), either in the creation or submission of the entry or as a part of any entry, and/or third-party entries are prohibited. Any entry that was created by using, or in any way incorporates, Artificial Intelligence, or that was created or made by a third party, will be void, and the entrant who submitted such an entry may be disqualified at Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to win.
- SELECTION OF WINNER: On or about January 9, 2024, Sponsor will select the name of the potential winner of the prize in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The potential winner will be notified on or about January 9, 2024 by the email address provided at the time of entry.
Except where legally prohibited, the potential prize winner must sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim their prize. If the potential winner cannot be contacted via email or telephone after the first attempt to contact them, or if they fail to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other documentation that Sponsor may require within the required time period (if applicable), if potential winner and any companion are unable or unavailable to claim prize within any time period specified by Sponsor, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if they fail to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award any or all of the prize(s).
Verification of Potential Winners: THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- PRIZES: There will be one (1) prize awarded. The prize consists of (a.) round-trip coach airfare for winner and one (1) guest from an airport near the winner’s residence to an airport in the Netherlands, (b.) apartment and hotel accommodations in the Netherlands for winner and one (1) guest for five (5) nights (double occupancy, and locations to be selected by Sponsor), (c.) a rental car for use to travel between the accommodations and any prize-related events, (d.) prize-related events within the Netherlands, including a boat cruise, Zaanse Schans tour, Nemo Science Museum, Visit Keukenhof, Hague’s city center, Madurodam, Scheveningen, Kinderdijikrdijk, Goat farm in stolwijk, Kabrita Goat Farms (to be selected and scheduled by Sponsor), and (e.) $1,000 to be used for food during the course of the winner’s prize trip in the Netherlands. Approximate Retail Value (“ARV”) of the Prize: $4,577.
PRIZE RESTRICTIONS: Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including, but not limited to, change of air travel fees, change of accommodation fees, change of ground transportation fees, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at their discretion. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of their control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, the prize will not be delivered and no additional compensation will be provided.
ARV of prize may vary depending on point of departure, travel dates and fare/rate fluctuations. Winner is not entitled to difference between value of prize as stated in these Official Rules and value on dates of travel. Travel restrictions, conditions and limitations may apply. Prize winner and his/her guest must be able to complete travel within eighteen (18) months of being selected as the prize winner. Winner must coordinate prize travel and details with Sponsor and/or a designated agent of Sponsor, such as a travel agency selected by Sponsor. Sponsor and/or Sponsor’s agent will decide and otherwise determine all travel-related details, a Sponsor’s discretion. Choice of airline, prize-related accommodations, rental car details, and events are at Sponsor’s discretion. All meals, transportation and incidentals not described herein and incurred by prize winner and his/her guest will be the sole responsibility of the prize winner and/or his/her guest.
Sponsor or its agents will determine which airport is closest to the winner’s home. Winner and guest must travel together. No compensation will be awarded in lieu of the difference in the ARV for the prize, should the ARV differ from the actual cost of travel. Prize details, including hotel accommodations and rental car, are subject to availability and blackout dates. Winner and guest is responsible for obtaining all necessary travel documents, including but not limited to a valid and current passport for each traveler and/or any required visas, and must ensure that such documents are current, valid and in good order at all times up to and during the prize travel until such time as winner and guest returns to their home country. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. If required, winner must be available to travel on dates specified by Sponsor or risk forfeiting prize. Certain travel restrictions may apply. Winner’s travel companion must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he resides (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release and any other documentation required by Sponsor prior to prize award. If travel companion is a minor in his/her state of residence, minor’s parent/legal guardian must complete and return all releases on behalf of minor. Winner and guest must travel together on the same itinerary. If winner elects to travel or participate in the prize trip with fewer than one (1) guest, no additional compensation will be awarded. If winner elects to travel or participate in prize trip with more than one (1) guest, such additional persons shall be responsible for any and all costs associated with such travel. Winner and guest is also responsible for obtaining travel insurance (and all other forms of insurance) at their option, and hereby acknowledge that Sponsor has not obtained and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight or transportation except at Sponsor’s discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the prize winner’s and his/her Guest’s transportation, and such contracts shall be solely between the prize winner, his/her Guest and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. With the exception of stopovers approved in advance at Sponsor’s sole discretion, no stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and winner and his/her Guest will be responsible for the full fare, which will be charged from the stopover point for the remaining trip segment(s), including the return. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Winner and Guest must comply with all hotel or accommodation check-in requirements, including, but not limited to, the presentation of a payment card. Air transportation and hotel accommodations must be taken together and cannot be taken separately. SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY ANY AIR CARRIER(S) OR OTHER TRANSPORTATION COMPANIES, LODGING AND/OR OTHER HOSPITALITY PROVIDERS, ENTERTAINMENT PROVIDERS OR SIMILAR THIRD PARTIES, OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES TO WINNERS, INCLUDING ANY RESULTS (INCLUDING BUT NOT LIMITED TO COSTS OR INJURIES) THEREOF, SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME.
To receive any rental car benefit, winner must meet the minimum age requirements of the rental car company and have a valid driver’s license and payment card (subject to terms and conditions of rental car company); winner will be responsible for any associated additional costs (including insurance, gas, additional taxes, etc.). In the event that winner does not meet these and the other requirements as specified by the car rental company, this portion of the prize will be forfeited and no cash difference will be awarded except at Sponsor’s discretion.
In the event winner and/or guest engage in behavior during travel or general participation in any component of the prize that (as determined by Sponsor) is obnoxious or threatening or illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks or logos, Sponsor reserves the right to terminate the travel early and send winner and/or guest home with no further obligations or compensation whatsoever to winner and/or guest (which may, in Sponsor’s discretion, result in such winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s)). In the event winner or guest engage in behavior during travel or participation in the prize that (as determined by Sponsor) is illegal, tortious, or subjects winner or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or Guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE PRIZE OR ANY PART OF THE PRIZE.
- GENERAL CONDITIONS: Sweepstakes participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and/or all media) contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or to undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error that may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Sweepstakes and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
- LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”), AND THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
- PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), PRIZE INFORMATION, QUOTES ATTRIBUTABLE TO WINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR ANY MANUFACTURER’S WARRANTIES THAT MAY BE PROVIDED WITH INDIVIDDUAL PRIZES, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND ALL PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- This Sweepstakes is governed by the laws of the United States. You agree that any dispute, claim, or request for relief relating in any way to the Sweepstakes, communications between you and Sponsor (including telephone calls, emails, text messages, or other communications), and/or any aspect of your relationship with us (including the enforceability of this dispute resolution provision) (“Dispute”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All Disputes shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and Sponsor will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire Dispute, including the scope and enforceability of this arbitration provision and arbitrability of any Dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or Sponsor in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of the state of Massachusetts: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; and (iii) any legal action by us against a non-consumer.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in the state of Massachusetts.
- SEVERABILITY: If any term or provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed, and the remainder of these Official Rules shall continue in full force and effect.
- OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit https://kabrita.com/pages/kabrita-official-rules. For a list of winners available after winners have been confirmed, send a self-addressed, stamped envelope for receipt by no later than 6 months after the end of the Sweepstakes Period to: Kabrita, 200 Portland Street, Boston, MA, 02114. Vermont residents may exclude return postage on requests for Official Rules.
© Kabrita 2023.