TERMS & CONDITIONS
Kid Advance offers run as indicated on the Homepage and Social Media for each Program (“Program Period”). All products made available as part of a Program are subject to availability and while supplies last. All Programs are subject to verification of eligibility. Program items are subject to change at any time at the sole discretion of Kid Advance, Inc. All items are provided “as is”. You expressly understand and agree that any sales transactions made by you through the presented offers are solely between you and the merchant. Kid Advance does not make any warranties on the giveaway or offer items, express or implied, and is not responsible for fulfillment of any applicable warranties or representations on items made by the merchant.
Void where prohibited by law. This Program is subject to all applicable federal, state, and local laws and regulations.
Eligibility Requirements and Maximums For Kid Advance Programs
To be eligible for the Program, you must be a registered member of kidadvance.com and at least 18 years of age.
General Conditions For Programs
In this paragraph, “Participating Merchant” refers to the merchant whose deal appears alongside the Program on a Kid Advance’s Giveaway Banner. Kid Advance reserves the right to modify, suspend, or terminate any offer or the Program if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of the Program, as determined by Kid Advance, in its sole discretion. In the event an offer or the Program is modified, suspended, or terminated, Kid Advance will provide notice thereof on the website. Kid Advance is not responsible for any computer virus or damage caused to participant’s computer by accessing the website. Participants are solely responsible for applicable taxes, including, but not limited to, sales tax, luxury tax, and any and all taxes associated with any purchase or Program. The appropriate shipping and handling fees are the responsibility of the participant and will be applied to all orders prior to completing the purchase transaction. See each product for details on product shipping costs and delivery time frames. Kid Advance is not responsible for undeliverable products.
Kid Advance reserves the right, at its sole discretion, to disqualify any individual suspected of tampering with the purchasing process or the operation of the Program or website, or to be acting in any manner deemed by Kid Advance to be unsportsmanlike or disruptive or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM AND/OR A SALE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SLICKDEALS RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Kid Advance, its agencies and any Participating Merchant are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing, typographical, or other errors, or by any of the equipment or programming associated with or utilized in the Program; (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 purchase process or the Program; (4) computer, mechanical, technical, printing, typographical, or human or other errors which may occur in connection with the administration of the Program or the processing of the purchase requests or transactions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participants’ participation in the Program or receipt or use or misuse of any product, or other offer made.
Participants agree to these Terms and Conditions, and on their behalf, and on behalf of themselves and their respective heirs, executors, administrators, legal representatives, successors, and assigns (“Releasing Parties”), release, defend, indemnify and hold harmless, Kid Advance, its affiliated companies, its agencies, and all Participating Merchant(s), as well as the employees, officers, directors, and agents of each (“Released Parties”), from and against any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims, and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have, or hereafter can, shall, or may have which in any way arise out of or result from Participant’s participation in this Program, including any travel related activities. Participants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Program or use of any product or service purchased or received in this Program. This Program shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws’ provisions.
Official Rules For Contests and Sweepstakes (The “Promotion”)
This Promotion is intended for viewing and participation.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
IMPORTANT! Please read the key rules (“Initial Rules”) provided with the relevant Promotion and the following master official rules (“Master Rules” and, together with the Initial Rules, the “Rules”) before entering the Promotion. By entering the Promotion, you (the “Entrant”) agree to be bound by the Rules and represent that you satisfy all eligibility requirements for the Promotion.
1. Eligibility to Enter. The Promotion is opened to all registered with kidavance.com. Persons in any of the following categories are NOT eligible to participate: any person who, at any time on or after the start of the Promotion Period, was or is a director, officer, employee, or agent of Kid Advance or any of their respective parents, subsidiaries, divisions, or affiliated companies, dealers, or service agencies, independent contractors, web hosting or service or fulfillment providers, and persons who are or purport to be immediate family members of any such persons regardless of where they live, and any other persons residing at the same household location, whether related or not. If Entrant is under the legal age of majority in Entrant’s place of residence (a “Minor”), Entrant’s parents or legal guardians must read, understand, and agree to the Rules on behalf of the Minor. To be eligible to win a prize, Entrant’s entry must be completed and received by Sponsor in compliance with the Rules and all other instructions provided by Sponsor. For purposes of this Promotion, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
2. Additional Terms for Sweepstakes. If the Promotion is a sweepstakes, instant win or a random draw promotion, the following additional terms apply: UNLESS OTHERWISE PROVIDED ON THE INITIAL RULES, ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED
3. Promotion Period. The “Promotion Period” begins on the date and time indicated in the Initial Rules and ends at the date and time indicated in the Initial Rules (the “Deadline”). Entries must be submitted by the Deadline to be eligible to win a prize. Sponsor will, in its sole discretion, determine the valid and official entry time should any discrepancies of time occur. Sponsor reserves, in its sole discretion, the right to extend the Promotion Period for whatever reason without notification.
4. How to Enter. To enter the Promotion, an Entrant must comply with the entry procedures stated in the Initial Rules (each, an “entry”) prior to the Deadline.
5. Inappropriate Entries. If applicable, Sponsor may reject and disqualify entries that: (a) deviate from the established theme; (b) violate or infringe any laws, regulations, or rights, including any intellectual property, publicity, or privacy rights; (c) are missing required information; (d) that contain any personally identifiable information, personal data, or personal information about any individual other than the Entrant, including another person’s address, phone number, email address, credit card number, or any information that may be used to track, contact, or impersonate that individual; (e) are sexually explicit, indecent, obscene, vulgar, discriminatory, or contain any other offensive subject matter; (f) are counter to public order and/or morals; (g) contain false, misleading, or potentially defamatory information; (h) make unauthorized or fraudulent use of a third party’s name, identity, information, or likeness; (i) are of low visual or audio quality or are otherwise difficult to evaluate; (j) depict any person without that person’s express permission; (k) violate any rule or condition in the Rules or terms on any applicable Social Media Platform (defined below); (l) are harmful to other users of the website or applicable Social Media Platform such as viruses, Trojan horses, harmful or malicious code, or other technologies that could adversely impact the Promotion; or (m) are otherwise damaging or detrimental to Sponsor or any third party (at Sponsor’s sole and absolute discretion). Sponsor reserves the right to judge whether Entry Materials (as defined below) are appropriate for public display.
Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts, or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic, or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Rules or other instructions of Sponsor may be disqualified.
6. Winner Selection. Sponsor shall select the number of prize winners (each, a “Winner”) indicated in the Initial Rules. Sponsor shall select the Winner(s) from among the eligible Entrants in the manner described in the Initial Rules. Only eligible Entrants will be eligible to win a prize.
7. Prizes. The Winner(s) shall receive the prize or prizes identified in the Initial Rules. The prizes shall have the values identified in the Initial Rules. Actual model, color, accessories, and features of the prize(s) shall be selected by Sponsor, in its sole discretion, and may vary from photos or images, if any, shown in the Promotion materials and advertising, including the Sponsor’s web site. Entrants may not win or receive more than one (1) prize per Promotion unless otherwise indicated in the Initial Rules. Prizes are not transferable unless otherwise indicated in the Initial Rules. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute prizes of equal or greater value for any prize listed in the Initial Rules. Actual retail value of prizes may vary due to market conditions at the time prizes are awarded. All prizes are awarded “AS IS” and WITHOUT ANY WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor’s behalf. The approximate retail value (“ARV”) of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If a Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize or portion of the prize. The Released Parties are not responsible for and Winner will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Rules or in any Promotion-related correspondence or material.
8. Winner Notification. Kid Advance shall notify each Winner (the “Notification Package”) via each Winner’s email account or another account provided as part of the entry, through a post on a potentially winning entry or as otherwise stated in the Initial Rules, after the winning entries are selected and in no event more than three (3) months after the Deadline. Return of any Notification Package as undeliverable will result in disqualification.
To be eligible to receive a prize, each Winner must follow the instructions contained in the Notification Package and respond with the information or documents requested prior to the date specified in the Notification Package or, if no such date is specified, within a reasonable time. If a Minor is selected as a potential Winner, a parent or legal guardian must sign any required or requested documents. The requested documents must be sent to Sponsor at the address specified in the Notification Package and must be received by Sponsor by the date specified or, if no date is specified, within a reasonable time. If a Winner fails to provide the requested information or documents according to the instructions provided in the Notification Package, or if the requested documents are not signed by an appropriate party (e.g., by a parent or legal guardian, if a Minor is selected) or are not received by Sponsor by the specified date, the Winner shall be deemed disqualified and will forfeit his or her eligibility.
Entrant must submit his/her own name, birth date, email address, cell phone number, address, place of residence, and/or other information, as requested by Sponsor. Entrant may not impersonate any other person or entity, or submit false or misleading information.
Entrants who tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, any Released Party, any other Entrant, or any other person are subject to disqualification. Sponsor reserves the right to disqualify persons whose eligibility is in question. Sponsor reserves the right to disqualify persons who have been disqualified for misconduct from any other Sponsor promotion, or from any promotion of any of Sponsor’s affiliates.
As a condition of being awarded any prize, Winner(s) (and if Winner is a Minor, Winner’s parent or legal guardian) may be required to execute and deliver to Sponsor a signed Affidavit of Eligibility, an acceptance of the Rules, a release of liability, and/or any other agreements or releases. Sponsor may also require, in its sole discretion, to have any requested documents notarized by the Winner (or his or her parent or legal guardian, in the case of a Minor)
In the event of a dispute about the identity of an Entrant who entered with an online account, entries shall be declared made by the authorized account holder of the account submitted at time of entry. An authorized account holder is the natural person who is assigned the account by the relevant service provider. A potential Winner may be required to provide proof that he/she is the authorized account holder of the account associated with the winning entry. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
9. Prize Delivery. Winner(s) should allow six (6) to eight (8) weeks for delivery of prizes.
10. Effect of Disqualification. If a Winner forfeits or is disqualified for any reason, the Winner will not receive any prize. In the event that a Winner forfeits or is disqualified, Sponsor may select an alternate Entrant as a replacement for the disqualified or forfeited Winner using the Winner-selection procedure in the Initial Rules, or Sponsor may elect to hold another Promotion Period to pick an alternate Winner, or Sponsor may, subject to applicable law, elect not to award the prize at all, all at Sponsor’s sole discretion.
11. General Release. By entering the Promotion, Entrant (and, if Entrant is a Minor, Entrant’s parents or legal guardians) agrees to release, discharge, indemnify, and hold harmless the Sponsor, any person or entity that provided services related to the Promotion, any person or entity through which Entrant posted, obtained, or submitted materials in connection with the Promotion (e.g., Social Media Platform Owners (as defined below), online service providers, mobile networks, etc.), any person or entity that provided prizes for the Promotion, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, vendors, and agencies (collectively, the “Released Parties”), from and against any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries (up to and including bodily injury and death), losses, or damages of any kind arising out of or in connection with: (i) Entrants’ participation in the Promotion (including travel to/from any Promotion activity or prize); (ii) any acceptance, possession, misuse, or use of any prize (including, without limitation, losses, damages, or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any Promotion activity or prize); (iii) any violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) any printing, typographical, human, or other error in the printing, offering, selection, operation, or announcement of any Promotion activity and/or prize; (v) any late, lost, misrouted, garbled, or distorted or damaged transmissions or entries; (b) any telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; and (vii) any Promotion disruptions, injuries, losses, or damages caused by events beyond the control of Sponsor or the Released Parties, whether under a theory of contract, tort (including negligence), warranty, or any other theory.
IF ENTRANT IS A MINOR, ENTRANT’S PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH THAT MAY BE SUFFERED BY ENTRANT OR ENTRANT’S PARENTS OR LEGAL GUARDIANS.
12. Class-Action Waiver. AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RULES AND THE PROMOTION, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
13. Intellectual Property Rights in Entries. Entrant, upon submission of his or her entry and other materials submitted in connection with the Promotion (including all copyright, trademark, and other intellectual and proprietary rights associated therewith) (collectively, the “Entry Materials”), irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry Materials, and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, sell, and adapt the same, to combine it with other material, and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prize(s) to the Winner(s) in the Promotion. Entrants agree that during the Promotion Period, Entrant shall maintain all rights without encumbrances to the Entry Materials so that, if Sponsor desires, Entrants can assign all rights in and to Entry Materials if selected as a Winner and Entrant shall make such an assignment if requested to do so by Sponsor. Sponsor, and each of its successors, assigns, and licensees, will have the right to make unlimited derivative works of Entry Materials, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entry Materials submitted as part of the Promotion, and all images, text, and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion, or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Entry Materials submitted as part of the Promotion. Entrants acknowledge that as a condition of participating in the Promotion and/or being selected as a Winner, Sponsor may request that the Entrant’s Entry Materials, and any rights therein, be assigned to Sponsor and Entrants may be required to confirm such assignment by completing and submitting the prize acceptance documents (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entry Materials and are not obligated to use any Entry Materials. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Entry Materials submitted.
Each Entrant acknowledges that Entry Materials are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor and other Entrants may have created ideas and concepts contained in their Entry Materials that may have familiarities or similarities to his/her own Entry Materials, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Entrants for their Entry Materials and there is no obligation for any Released Party to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entry Materials are not confidential and the Released Parties’ only obligations to Entrants regarding Entry Materials are as specifically set forth in these Rules. The decisions of the Sponsor are final and binding in all matters relating to this Promotion, including interpretation and application of these Rules. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in their Entry Materials in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Promotion.
All physical Entry Materials become the physical property of Sponsor upon receipt and will not be returned. Sponsor may destroy, dispose of, or make any other use of such physical Entry Materials at any time.
14. Original Work of Authorship. By entering the Promotion, Entrant represents and warrants that he or she has read, understands, agrees to and will follow the Rules. Entrant further represents and warrants that his or her Entry Materials and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Entry Materials) are wholly original with such Entrant and are not a copy or imitation of any other material or Entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, patent, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim, or dispute that might give rise to litigation, which does or could adversely affect or in any way prejudice, impair, or diminish the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Rules and that he or she has complied and has obtained all permissions, licenses, and consents that are necessary for the submission of the Entry Materials and the use of the Entry Materials and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses, and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post any Entry Materials that Sponsor determines do not comply with these Rules, to make such changes to any Entry Materials as are necessary to make them compliant, or to require the Entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned, or otherwise encumbered his/her Entry Materials, or any images, text, or materials depicted therein, to any third party. Further, Entrant represents and warrants that Sponsor’s use of any Entry Materials, including any images, text, and materials depicted therein, shall not violate an agreement to which such Entrant has signed. Entrant agrees to indemnify, defend and hold the Released Parties harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty, or covenant made by Entrant in connection with his or her acceptance of these Rules or Promotion activities.
15. Use of Entrant’s and Winner’s Name, Likeness, Etc. Entry into the Promotion constitutes the right and permission for Sponsor and Sponsor’s affiliates and licensees to use the Entrants’ and Winner(s)’ names, account names, avatars, profile images, likenesses, prize information, and/or other information (including, but not limited to, anything included in the Entry Materials) (collectively, “Name and Likeness”) in connection with the Promotion in all forms of media and by any and all means (now and hereafter known), and on and in connection with related products, services, advertising, and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prize(s) to the Winner(s). As a condition of being awarded any prize, Winner(s) may be required to execute a further consent to the use of their Name and Likeness for promotional purposes without further permission or compensation. Entrant hereby warrants and represents that Entrant owns all rights to Entrant’s Name and Likeness. Sponsor or Sponsor’s affiliates may publicly announce or display the Name and Likeness of the Entrants and the Winner(s), and may publicly display all Entry Materials, on Sponsor’s webpage, Sponsor’s social media channels, or elsewhere online or offline. Entrant gives consent for Sponsor to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations, and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Promotion or on a Promotion winner’s list.
16. Governing Law and Venue. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. If either: (i) the Entrant is not a legal resident of the United States or (ii) the arbitration provisions of Section 20 do not apply to the Entrant for any reason, then Entrant agrees to the exclusive jurisdiction and venue of the courts of San Bernardino County, California for any disputes arising out of the Rules or the Promotion.
17. Limitation of Liability. BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (B) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
18. Binding Arbitration. This Section 20 applies only to legal residents of the United States of America. The Sponsor and the Entrants each agree to finally settle all disputes arising out of or related to this Promotion only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Bernardino County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
19. Force Majeure and other Amendments/Modifications. Sponsor reserves the right to change, suspend, or cancel the Promotion if, in Sponsor’s sole discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes, labor disputes, war, insurrections, revolutions, terrorism, riots or other civil disturbances, earthquakes, fires, floods or other natural disasters, governmental restrictions, embargoes or other exercises of governmental authority, unavailability of supplies, components, or material, viruses, network disruptions, bugs, unauthorized human intervention, or any other cause beyond Sponsor’s control.
Sponsor reserves the right to amend the terms and conditions set forth in the Rules without notice for any other reason; however, the remaining terms in the Rules remain in full force and effect, and all rights and obligations set forth herein and any amendments shall be binding upon Sponsor, Entrants, and Winner(s), should such change take place.
20. Taxes, Costs, Fees, and Compensation. It is each Winner’s sole responsibility to file winning prizes with the appropriate tax authorities or other governmental entities, should the Winner be required by law to do so. ALL APPLICABLE TAXES, OR OTHER COSTS OR FEES, ASSOCIATED WITH ENTERING THE PROMOTION OR THE RECEIPT OR USE OF ANY PRIZE(S) ARE THE SOLE RESPONSIBILITY OF THE ENTRANTS AND THE WINNER(S).
IN NO EVENT WILL PROMOTION ENTRANTS OR WINNER(S) BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION (OTHER THAN THE PRIZE FOR WINNER(S)) OF ANY KIND AS A RESULT OF THE PROMOTION. BY ENTERING, EACH ENTRANT (AND, IF A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FOR SPONSOR’S AND SPONSOR’S AFFILIATES’ USE OF SUCH ENTRANT’S ENTRY MATERIALS AND NAME AND LIKENESS IN ACCORDANCE WITH THESE RULES.
Each Entrant and Winner should consult with professional financial, legal, and/or other advisors, if necessary.
The Winner(s) may be required to provide Sponsor with a valid social security number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received.
21. Legal Compliance. Each Entrant and Winner shall comply with all applicable laws and regulations at all times.
23. Applicable Terms of Service and Privacy Policies. By participating in the Promotion, Entrant agrees to be bound and abide by Sponsor’s terms of service, privacy policies, and all other applicable terms of service and policies. Such policies can be reviewed at the Sponsor’s website. Entrant further agrees to be bound and abide by the terms of service, privacy policies, and all other applicable terms of service or policies, of any entity that Entrant may or must use in connection with his/her entry in the Promotion. To the extent of a conflict between such terms outlined in this Section and these Rules, these Rules will govern and control in all respects.
24. Additional Terms for Social Media Promotions.
The following additional terms apply only if the Promotion involves the use of Facebook, Twitter, Instagram, Snapchat, Twitch, YouTube, Tumblr, Pinterest, or any other social media platform or online service (each, a “Social Media Platform
”): (i) the Social Media Platform’s owner (e.g., Facebook, Inc. for Facebook, Twitter, Inc. for Twitter, Instagram, LLC for Instagram, Snap, Inc. for Snapchat, and Pinterest Inc. for Pinterest etc.) (the “Social Media Platform Owner
”) and any of their respective parent companies, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, vendors, and agencies shall be “Released Parties” for purposes of these Rules; (ii) the Promotion is in no way sponsored by, endorsed by, administered by, or associated with the Social Media Platform or the Social Media Platform Owner; (iii) Entrant’s user profile, and all posts or updates related to the Promotion, must be publicly viewable; (iv) Entrant shall not create or use multiple accounts with the same Social Media Platform in connection with a single Promotion and anybody found to use multiple accounts in connection with a single Promotion will be ineligible to enter or win the Promotion; (v) Entrant shall not post duplicate, or near duplicate, updates or links to his/her Social Media Platform account and Entrant shall not submit multiple entries per account in a single day; (vi) if applicable, Entrant must “follow,” “friend,” “like,” etc. (depending on the Social Media Platform) the relevant Sponsor/Promotion account prior to submitting an entry to ensure Sponsor or Sponsor’s delegate is able to view the entry and contact the Entrant (if necessary); (vii) Entrant must not inaccurately tag user content (for example, Entrant must not tag him/herself in a photo if he/she is not actually in the photo); (viii) Entrant must agree to and comply with the Social Media Platform and the Social Media Platform Owner’s terms of service, privacy policies, and all other applicable policies and terms (including, for YouTube, the YouTube Community Guidelines available at http://www.youtube.com/t/community_guidelines
; and (ix) if the Promotion is on Pinterest, Entrant must include the word “contest” or “sweepstakes” (as appropriate) in the descriptions or images when Entrant saves Pins for the Promotion. The Released Parties are not responsible for any changes or unavailability of the Social Media Platform used for purposes of administering this Promotion that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Social Media Platform for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the Social Media Platform, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.
25. Document Hierarchy. If there is any conflict between the Initial Rules and the Master Rules, the Initial Rules shall control.
26. Sponsor: Kid Advance, Inc, 11854 6th St., Rancho Cucamonga, CA 91730 (“Sponsor”).