KIXEYE General Challenge Rules
The following General Challenge Rules apply to all contests, sweepstakes and challenges (each a “Challenge”) that KIXEYE conducts and are in addition to the Official Rules for the specific Challenge. By participating in a KIXEYE Challenge, you agree to these Rules, as well as the “Official Rules” for that Challenge.
NO PURCHASE NECESSARY. LIMITED TO RESIDENTS OF THE US WHO ARE PHYSICALLY LOCATED IN THE US AT THE TIME OF ENTRY. NOT SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, APPLE OR GOOGLE (each a “Platform”).
1. Eligibility: To participate in a KIXEYE Challenge, you must be a resident of the United States who is 18 years of age or older and physically located in the United States at the time of Entry. Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in the same household (whether or not related) with an employee of KIXEYE Inc. (“Sponsor”), its affiliates, and advertising and promotion agencies (collectively, “Challenge Parties”) are not eligible to enter or win.
2. Entry Period: The Entry Period begins at 12:00:00 am Eastern Time (ET) and ends at 11:59:59 pm (ET) on the dates specified in the Official Rules. “Eastern Time” means the time that is the current local time in New York City on the dates identified in the Official Rules. Sponsor’s computer system shall be the official time keeping device for all Challenges.
3. How to Participate; Winner Selection: The Official Rules set out how to participate in each Challenge and how the winner(s) will be selected.
3a. Special Rules for Upload Challenges: By uploading an image or design in connection with a Challenge, you represent that the image or design is your own personal work and that nothing in your submission violates the intellectual property rights of any other person or entity.
4. Prizes: The Prize(s) is/are described in the Official Rules for the Challenge. Each Winner is responsible for all expenses, costs or fees associated with acceptance and/or use of a Prize, included without limitation, any and all taxes. Prizes are not transferrable. There are no substitutions, except in Sponsor’s sole discretion. By accepting a Prize, each Winner grants its permission (except where prohibited by law) to the use of Winner’s name, likeness, biographical information, and Prize won for future advertising and publicity in any and all media now existing or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. By accepting a Prize, each Winner agrees to release, discharge and hold harmless the Challenge Parties from any claims, losses, or damages arising out of acceptance or use, misuse or possession of the Prize. If required by the Official Rules, before being declared the Winner, the Potential Winner may be required to respond to a prize notification email, and complete and return to Sponsor an Affidavit of Eligibility and Publicity Release within 7 days. Upon fulfillment of these requirements, if any, the Potential Winner will be declared a Winner. The Potential Winner will be notified via the email address associated with the account through which the Potential Winner accessed KIXEYE during the Entry Period. In the event that a prize notification email is returned or undeliverable, Sponsor is unable to contact a Potential Winner, or a Potential Winner does not comply with these requirements during the timeframes provided or is otherwise disqualified under these General Challenge Rules or the Official Rules, Sponsor may award the disqualified Potential Winner’s intended prize to a replacement Potential Winner in the manner set forth in the Official Rules.
5. Odds of Winning: Odds of winning depend upon the number of eligible entries received during the Entry Period.
6. Disqualification; Sponsor’s Decision Final: Sponsor reserves the right to disqualify any participant that it believes has violated these General Challenge Rules or the Official Rules of the Challenge, is not eligible to participate, who has provided false information, acted in a harassing or unsportsmanlike manner with respect to Sponsor or any other participant, or tampered with the operation of KIXEYE or the Challenge. Sponsor’s decisions as to all issues, including eligibility, shall be final.
7. General Conditions; Challenges to state, federal and local laws: Void where prohibited. Challenge Parties and their respective officers, directors, agents, representatives, and employees (collectively, “Released Parties”) are not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any participant to be able to participate or enter on account of technical problems, traffic, congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications which may limit a participant’s ability to participate in the Challenge. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Challenge, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Challenge, the announcement of the Prize, or in any Challenge related materials. Sponsor reserves the right to modify, suspend or terminate the Challenge in the event it becomes infected by a computer virus or is otherwise technically impaired, or based on the technical, legal and policy requirements of the platform(s) by which it is made available, and to cancel or suspend the Challenge in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Challenge and, if terminated, at Sponsor’s discretion, determine the Winner(s) using all non-suspect, eligible entries received up to time of cancellation in the same manner as set out in the Official Rules. In the event of a dispute regarding the identity of the individual accessing KIXEYE during the Entry Period, the authorized subscriber of the Platform account during the Entry Period will be deemed to be the participant and must comply with these General Challenge Rules and the Official Rules. Authorized subscriber is the natural person who is assigned the Platform account by the operators of the Platform. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her entries) it finds to be tampering with the entry process or the operation of the Challenge or website, intending to annoy, abuse, threaten or harass any other participant, Sponsor, or any of its representatives or to otherwise be acting in violation of these General Challenge Rules or the Official Rules. CAUTION: Any attempt by a participant to deliberately damage any website or undermine the legitimate operations of the Challenge may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such participant to the fullest extent permitted by the law and to disqualify such participant from the Challenge and any/all future Challenges.
9. Arbitrations and Choice of Law: Except where prohibited by law, as a condition of participating in the Challenge, the participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Challenge), and the participant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these General Challenge Rules or the Official Rules, or the rights and obligations of participants and Sponsor in connection with this Challenge, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.
10. Winner’s List: A Winner’s List for the Challenge will be available ten (10) business days after the last date of the Entry Period, unless otherwise stated in the Official Rules, by writing to: Winner’s List, 268 Bush Street, P.O. Box 2008, San Francisco, CA 94104.
11. Sponsor: KIXEYE Inc. 268 Bush Street, P.O. Box 2008, San Francisco, CA 94104.