Kindra Connect, Inc. Thank You Gifts Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A GIFT. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A GIFT. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Kindra Connect, Inc. Thank You Gifts Sweepstakes (the "Sweepstakes") is sponsored by Kindra Connect, Inc. (the "Sponsor", "Kindra", "us" or "we"), located at 807 Superba Ave, Venice, California 90291.
The Sweepstakes is open to legal residents of the State of California who (a) 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), (b) are at least eighteen (18) years old, (c) have not yet registered on Kindra's beta testing version of its mobile dating app (the "Kindra App") as of Saturday, August 18, 2018 at 1 pm Pacific Standard Time (the "Effective Time") and (d) register on the Kindra App after the Effective Time and before all of the gifts (described below) have been awarded (the "Termination Time") and (e) before the Termination Time, create a profile on the Kindra App that contains content for all eleven (11) boxes in the profile using all of the currently available types of media (i.e., photographs, text, audio recordings, video recordings and emoji) (collectively, the "Eligibility Requirements").
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 Sweepstakes, and each of their respective parents, subsidiaries, affiliates, and advertising and promotion agencies associated with the Sweepstakes, are not eligible to participate in the Sweepstakes or be awarded a Gift. The Sweepstakes 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. Sweepstakes Period
The Sweepstakes begins after the Effective Time and ends immediately before the Termination Time (the period beginning after the Effective Time and ending immediately before the Termination Time, the "Sweepstakes Period"). All persons meeting the Eligibility Requirements during the Sweepstakes Period are automatically submitted to the Sweepstakes. Persons who have registered on the Kindra App on or before the Effective Time or on or after the Termination Time will be disqualified.
4. Object of the Sweepstakes; Gifts
The object of the Sweepstakes is to award a gift as described below ("Gift") to each of the first twenty-six (26) persons who during the Sweepstakes Period satisfy the Eligibility Requirements, as determined in the sole discretion of a panel of judges consisting of Kindra's Chief Executive Officer and contractors.
The following 26 Gifts will be awarded:
- Maze necklace (5 available)
- Burner Maze necklace (5 available)
- Jeweled T-shirt (1 available)
- Vintage brocade turban (1 available)
- Partial body painting (1 available)
- Sound healing (2 available)
- Six month subscription to Futurelife.tv (1 available)
- Sacred Geometry Spirittats (1 available)
- My Willows jewelry sunglasses (1 available)
- Face painting (1 available)
- I, Robot tattoos (2 available)
- Indian ethnic belt (1 available)
- Pyrite bullet pendant (1 available)
- Gold-plated ‘Boss’ necklace (1 available)
- Hip Glyphs metallic tattoos (1 available)
- Metal show bead wrap (1 available)
Each person qualifying to be awarded a Gift will be able to select the particular Gift to be so awarded to such person out of the Gifts that are available as of the time such person so qualifies. As discussed below, Kindra will publish and publicize each Gift recipient's first name or user name (whichever he/she prefers) and city and state of residence. Kindra may separately make a request of the Gift recipient to use his or her profile, photograph, voice, image and/or likeness and Gift information as part of its promotion of Kindra and the Kindra App.
All Gifts will be awarded in accordance with these Official Rules. Each Gift is non-transferable and non-assignable. Each person awarded a Gift 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 Sweepstakes, you must during the Sweepstakes Period (a) register on the Kindra App and (b) create a profile on the Kindra App that contains content for all 11 (eleven) boxes in the profile using all of the currently available types of media (i.e., photographs, text, audio recordings, video recordings and emoji), and (c) satisfy all of the other Eligibility Requirements. All eligible profiles created on the Kindra App during the Sweepstakes Period are automatically entered into the Sweepstakes and, thus, all persons having such profiles are considered entrants into the Sweepstakes.
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 created on the Kindra App during the Sweepstakes Period that satisfy the Eligibility Requirements are automatically entered into the Sweepstakes.
Each person, per email address, who satisfies the Eligibility Requirements 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 created during the Sweepstakes Period and will select, in their sole discretion, the first twenty-six (26) persons who satisfy the Eligibility Requirements to be awarded a Gift. Being awarded a Gift 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 Sweepstakes. Odds of being awarded a Gift depend on the total number of completed profiles created on the Kindra App during the Sweepstakes Period that satisfy the Eligibility Requirements. Limit one (1) Gift per person.
Each potential recipient of a Gift 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 Gift.
7. Gift Recipient Notification; Disqualification
Kindra will attempt to notify each Gift recipient via email. If a potential Gift recipient 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 Gift or the Release and Declaration of Compliance is returned as undeliverable, the potential Gift recipient is disqualified and forfeits the Gift. If the potential Gift recipient is at least 18 but still considered a minor in his/her jurisdiction of residence, Kindra reserves the right to award the Gift 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 Gift recipient's behalf and fulfill any other requirements imposed on the potential Gift recipient set forth herein. Potential Gift recipients must continue to comply with all terms and conditions of these Official Rules, and receipt of a Gift is contingent upon fulfilling all requirements. If the potential recipient of a Gift is disqualified for any reason, the applicable Gift will be awarded to the potential recipient of the next succeeding Gift. Each Gift will be fulfilled promptly after verification of eligibility, compliance with the terms of these Official Rules and satisfaction of all other requirements of the applicable potential Gift recipient.
8. General Conditions
In the event that the operation, security, or administration of the Sweepstakes 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 Sweepstakes 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 Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the relevant Gifts 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes, entrants agree to be bound by these Official Rules and to release and hold harmless the Sponsor and all other companies associated with the Sweepstakes, 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 Sweepstakes or receipt or use of the Gift (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, 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 Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the Gift recipients, 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 Sweepstakes-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 Sweepstakes or acceptance, receipt or misuse of the relevant Gift (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 Sweepstakes, 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 Sweepstakes. 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 Gift, and (ii) disclaim any implied warranty.
In the event that the Sweepstakes is challenged by any legal or regulatory authority, the Sponsor reserves the right to discontinue or modify the Sweepstakes, 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 GIFT 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 Sweepstakes or any Gift 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 Sweepstakes, 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.