Kindra Connect, Inc. Profile Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The Kindra Profile Contest (the "Contest") is sponsored by Kindra Connect, Inc. (the "Sponsor", "Kindra", "us" or "we"), located at 807 Superba Ave, Venice, California 90291.
The Contest is open to legal residents of the State of California who reside in counties located in Southern California (defined for this purpose as consisting of the counties of Los Angeles, San Bernadino, Orange, Riverside, San Diego, Ventura and Imperial)and are at least eighteen (18) years old.
Employees, officers, directors, advisors and contractors (including their immediate family members (spouse, parent, sibling, child and their respective spouses, regardless of where they reside) and members of their households (whether or not related)) of Kindra and other companies associated with the promotion of the Contest, and each of their respective parents, subsidiaries, affiliates, and advertising and promotion agencies associated with the Contest, are not eligible to participate in the Contest or win a prize. The Contest is subject to federal, state, local and municipal laws and regulations. Void outside the State of California and where otherwise prohibited or restricted by laws or regulations.
3. Contest Period
The Contest begins on Wednesday, July 11, 2018 at 11 pm Pacific standard time and ends on Sunday, August 19, 2018 at 12 am Pacific standard time (the "Contest Period"). All eligible profiles existing on the Kindra App as of Sunday, August 19, 2018 at 12 am Pacific standard time (the "Effective Time") are automatically submitted to the Contest. Profiles created after the Effective Time will be disqualified.
4. Object of the Contest; Prizes
The object of the Contest is to select the two most expressive profiles on the Kindra App as of the Effective Time based on the judgment of a panel of judges consisting of Kindra's Chief Executive Officer and contractors.
The following cash prizes will be awarded:
- First Prize for the most expressive profile - cash prize of $450
- Second Prize for the second most expressive profile - cash prize of $150
- Third Prize for the third most expressive profile - cash prize of $25
- Fourth Prize for the fourth most expressive profile - cash prize of $25
- Fifth Prize for the fifth most expressive profile - cash prize of $25
As discussed below, Kindra will publish and publicize each winner's name, city and state of residence, profile, photograph, voice, image and/or likeness and prize information as part of its promotion of Kindra and the Kindra App.
All Prizes will be awarded in accordance with these Official Rules. Each Prize is non-transferable and non-assignable. Each winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes).
5. How to Enter
To enter the Contest, you must create a profile on Kindra's beta testing version of its mobile dating app (the "Kindra App") before the Effective Time. All eligible profiles existing on the Kindra App as of the Effective Time are automatically entered into the Contest and, thus, all persons having such profiles are considered entrants into the Contest.
To create a profile on the Kindra App, you will need to join Kindra and access the Kindra App. As the Kindra App is currently in beta testing and is not available in the app store, you can join Kindra by either visiting our website (www.kindra.life) and following the directions to join Kindra or emailing us at email@example.com and providing your email address, zip code, type of phone and name to join Kindra. Once you join Kindra, you will then receive instructions on how to access the Kindra App. Once you receive those instructions, you will need to install the Kindra App on your mobile device and then create a profile on the Kindra App. All profiles existing on the Kindra App as of the Effective Time are automatically entered into the Contest.
Each person, per email address, having a profile on the Kindra App as of the Effective Time is eligible for one entry, unless a person has also created a couple profile for polyamourous dating, in which case the person may have two eligible profile entries – the person's individual profile and a couples profile. Otherwise, multiple entries received from any person or email address in excess of the stated limitation will be void.
6. Judging; Other Requirements
A panel of judges consisting of Kindra's Chief Executive Officer and contractors will review eligible profiles on August 20-21, 2018. On or about August 22, 2018, the judges will select, in their sole discretion, the winners of the prizes. Winning a prize is contingent upon and subject to verification of eligibility, compliance with the terms of these Official Rules and satisfaction of all other requirements set forth herein. The decisions of Kindra are final and binding on all matters relating to this Contest. Odds of winning depend on the total number of profiles on the Kindra App as of the Effective Time. Limit one (1) prize per person.
Each potential winner will be required to complete, electronically sign and submit a Release and Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. In general terms, pursuant to the Release and Declaration of Compliance, the winner will, among other things, (a) authorize Kindra and its agents to take photographs and/or videotapes of the winner at a location mutually agreed up by Kindra and the winner, and (b) grant to Kindra the worldwide, exclusive, irrevocable, perpetual, transferable, sub-licensable (through multiple levels) and royalty-free right, license and permission to use and publish the winner's name, address (city and state of residence) and prize information, all or any part of such photographs and videotapes (including the winner's image, likeness and/or voice) and the winner's profile on the Kindra App as it appears as of the Effective Time (including the winner's image, likeness and/or voice and any photographs, text, emojis, audio recordings and video recordings contained in the profile), for any lawful business or commercial purposes (including, without limitation, to promote, publicize, advertise or market Kindra and/or the Kindra App), in any and all formats or media now existing or hereafter to be developed.
7. Winner Notification; Disqualification
. Kindra will attempt to notify the winners via email on or about August 22, 2018. If a potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, fails or refuses to submit the Release and Declaration of Compliance within the required time period or fails to comply with these Official Rules, or if a prize or the Release and Declaration of Compliance is returned as undeliverable, the potential winner is disqualified and forfeits the prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Kindra reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Release and Declaration of Compliance on the potential winner's behalf and fulfill any other requirements imposed on the potential winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. If the potential winner of a prize is disqualified for any reason, the applicable prizes will be awarded to the potential winner(s) of the next succeeding prizes (e.g., if the potential winner of the First Prize is disqualified for any reason, the First Prize will be awarded to the potential winner of the Second Prize and all other potential prize winners will be moved up in prize ranking accordingly) and/or the applicable prize(s) (as the case may be) will be awarded to the alternate potential winner(s) (discussed below). If an alternate potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the relevant prize will be awarded to a further alternate potential winner (discussed below). Alternate potential winners will be awarded the applicable prizes by random drawing from among all remaining non-winning eligible entries. Only three (3) alternate selection will be made, after which the prize(s) will remain un-awarded. Each prize will be fulfilled promptly after the conclusion of the Contest upon verification of eligibility, compliance with the terms of these Official Rules and satisfaction of all other requirements of the applicable potential winner.
8. 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, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with, abusing or attempting to undermine the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Sponsor's website or the Kindra App or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability
By participating in the Contest, entrants agree to be bound by these Official Rules and to release and hold harmless the Sponsor and all other companies associated with the Contest, and the Sponsor's and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective officers, directors, advisors, employees, contractors, shareholders, representatives, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the relevant event, the incorrect downloading of the Kindra App, the processing of profiles on the Kindra App or in any Contest-related materials; or (f) 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 entrants' participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrants 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 any 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. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty.
In the event that the Contest is challenged by any legal or regulatory authority, the Sponsor reserves the right to discontinue or modify the Contest, or to disqualify entrants residing in the affected geographic areas. In such event, Released Parties shall have no liability to any entrants who are disqualified due to such an action.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, 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 California.