KAABOO Texas Email List Giveaway Official Rules
Effective as of March 6, 2019
NO PURCHASE NECESSARY TO APPLY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. U.S. LAW AND LOCAL LAWS AS APPLICABLE IN EACH JURISDICTION GOVERN THIS GIVEAWAY.
The KAABOO Texas Email List Giveaway (the "Giveaway") is open only to Entrants (as defined below) who are legal residents of the United States and who are eighteen (18) years or older, as of the effective date above. The Sweepstakes is void outside the fifty (50) United States and the District of Columbia; and where prohibited or restricted by law. Officers, directors, manager, members and employees (and members of their households or immediate families, i.e., parents, children, spouses, siblings, grandparents, the step-parents, step-children, and step-siblings of each and persons residing in such immediate family members' households) of KAABOO Texas Eventco, LLC. (“Sponsor”), and their respective parent, related, affiliated and subsidiary companies, all other entities involved in the creation, administration, or fulfillment of the Giveaway and their respective successors and assigns are not eligible to enter or win. Participation constitutes full and unconditional agreement to these official rules ("Rules"). Sponsor's decision is final and binding in all matters related to the Giveaway. Winning is contingent upon fulfilling all requirements set forth herein.
2. HOW TO ENTER; WINNER SELECTION:
During the Giveaway Period, Giveaway participants (individually, each an “Entrant”, and collectively, “Entrants”) will enter the Giveaway by submitting their email between Thursday, March 7 – Friday, March 22 (each, a “Submission”) by following the links and instructions for online entry. Entrant will be required to provide their email address and full name. A winner from all relevant Submissions submitted in accordance with these Rules will be selected at random. By participating, you agree to receive email marketing from Sponsor. You hereby grant Sponsor and its affiliated entities permission to contact you via phone, email and/or text message, at the number and/or email address provided by you when entering the Giveaway. You may unsubscribe from email marketing at any time and you will still be entered into the Giveaway. The odds of winning depend on the total number of eligible Submissions received during the Giveaway.
3. PRIZE; NON-REDEMPTION: The winner will receive:
(2) 3-day LONE STAR (GA) passes to KAABOO Texas 2019
- Viewing areas at all stages with close-up access
- Access to PALATE gourmet tasting experiences
- Wander through ARTWORK, KAABOO's Contemporary Arts Fair
Sponsor is unable provide tickets for an alternate Festival Date. The approximate retail value of the prize is $900.00. No substitution, assignment or transfer of a prize is allowed except with Sponsor's prior written permission or where required by law. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value in its sole discretion. THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT AND/OR PERFORMANCE OF ANY PRIZE. Awarding of a prize is subject to verification of eligibility and compliance with all Rules. The prize is not redeemable for cash, cash equivalent, trade or transfer to any other party.
4. GIVEAWAY TIMING: The Giveaway begins on March 7, 2019 at approximately 12:01 am Central Time ("CT") and ends on March 22, 2019 at approximately 11:59 pm CT (the "Giveaway Period"). For purposes of these Rules all times are CT. Sponsor reserves the right to adjust start and end times and/or dates for the Giveaway Period at any time with or without notice.
5. ENTRY GUIDELINES AND REQUIREMENTS: Each Submission must be received by the Sponsor during the Giveaway Period. In the event of a dispute as to the identity of the of an online entrant, the authorized account holder of the email address used to enter will be deemed the Entrant. The potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. In addition, the following requirements also apply:
● Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased;
● Must not contain or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
● Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
● Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
NOTE: If any Submission fails to comply with any of these requirements or any other provisions of these Rules, Sponsor reserves the right to disqualify the Entrant and the Submission will not be eligible to win.
A potential winner will be disqualified and an alternate potential winner may be selected if (i) he/she does not comply with these Rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the winner notification and claim the prize within two (2) business days of its transmission (or receipt, if mailed), or if the emailed winner notification, after three (3) attempts, is returned as undeliverable, (iii) the person fails to comply with other rules set by Sponsor; or (iv) the prize is undeliverable for any reason. If Sponsor notifies, or seeks to deliver the prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Sponsor shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize (e.g., may choose another alternate potential winner in a manner consistent with these rules or cancel the awarding of the prize, at its sole discretion).
6. RELEASE AND ACKNOWLEDGMENT: By participating in this Giveaway and/or receiving a prize, each Entrant (and in particular, winners) agree to release and to indemnify, defend and hold harmless Sponsor, Facebook, Instagram, Twitter, and each of their respective its related companies, and all of its or their respective officers, directors, managers, members, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Giveaway (or related activities, including without limitation the background check set forth below) or the acceptance, performance of or use/misuse in relation to a prize. In addition, by participating in this Giveaway and/or receiving a prize, each Entrant hereby acknowledges that the Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram.
7. LIMITATIONS OF LIABILITY: Released Parties are not responsible for lost, incomplete, late, damaged, garbled, undelivered, inaccurate or misdirected Submissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to Entrant's or any other person's computer related to or resulting from participation in this Giveaway; printing, typographical or other errors appearing within these Rules, Terms of Service and/or in any Giveaway-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Giveaway, the processing or selection of Submissions, the announcement of the winner and/or the prize, or in any other Giveaway-related materials. The use of automated entry or similar devices is prohibited and entries through such prohibited devices are void. By entering this Giveaway Entrants give their express permission to be contacted by NYCWFF and Sponsor by telephone, email and/or postal mail for promotional purposes only. SPONSOR DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE GIVEAWAY, (OR RELATED ACTIVITIES), WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY WARRANTY THAT THE GIVEAWAY, (OR RELATED ACTIVITIES) ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS.
8. PUBLICITY: Except where prohibited, participation in this Giveaway constitutes Entrant's (and in particular, winner's) consent to Sponsor and its respective employees and agents' use of Entrant's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
9. CONDITIONS OF PARTICIPATION:
Sponsor reserves the respective right, in its sole discretion, to modify, cancel, terminate, and/or suspend the Giveaway and to disqualify any Entrant or other individual who tampers with the entry process, violates these Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an Entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
LIMIT: One (1) entry per person (regardless of method of entry) or email address. Any use of robotic, macro, automatic, programmed or other methods that simulate a user’s individual Submission will void the user’s Submission.
All entries become the exclusive property of Sponsor and none will be acknowledged. Proof of online submission will not be deemed to be proof of receipt of entry by Sponsor.
By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Giveaway if, in the Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Giveaway, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
In the event of a cancellation or termination, the prize may be awarded in any manner deemed fair and appropriate by Sponsor.
10. DISPUTES/CHOICE OF LAW: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of Delaware; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Delaware law, without reference to Delaware’s choice of law rules, governs the Giveaway and all aspects related thereto, the participants expressly waiving any other forum that they may be entitled to in light of their current or future domiciles.