VIVE ORGANIC’S “KICK IT IN KAUAI” GIVEAWAY
- NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.
- AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY & PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED IF REQUESTED BY SPONSOR.
- BY ENTERING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SPONSOR: Vive Organic, Inc., 2554 Lincoln Blvd., #772, Venice, CA 90291.
ELIGIBILITY: To enter the Vive Organic “Kick It in Kauai” Giveaway (the “Sweepstakes”), you must be a legal U.S. resident who physically resides in the 50 United States (includes DC) and, at the time of entry, must be 18 years of age or older and have reached the age of majority in your state of residence. Employees of Sponsor, Upaway App, Inc., or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the Sweepstakes, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild, regardless of where they reside) and household members of all such employees, are NOT eligible. Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:01 a.m. Pacific Time (“PT”) on June 21, 2021, and ends at 11:59 p.m. PT on July 7, 2021.
HOW TO ENTER: Follow Vive Organic @vive_organic on Instagram. Once you are following @vive_organic, and during the Sweepstakes Period, comment on the post with #KickItinKauai and #Sweepstakes to receive an entry. To receive a bonus entry, mention a friend in your comment and tell us why you should win this giveaway!
PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) winner will be randomly selected to receive the following prize package:
- One (1) $3,000 travel voucher to be redeemed with Upaway App Inc. (ARV: $3,000.)
- Six (6) cases of Vive Wellness Shots. (ARV: $285.00)
Total ARV of prize package: $3,285.00.
Prize Details: Sponsor will provide the winner with one (1) $3,000 travel voucher to be redeemed with Upaway App Inc. and six (6) cases of Vive Wellness Shots. Voucher may be used for air travel and hotel accommodations. Prize is limited to amount of stated travel voucher. If winner chooses to select an itinerary or travel package in excess of $3,000, winner shall be solely responsible for any amount in excess of the stated ARV value of the prize. Winner must possess any necessary valid travel documents (e.g., valid government-issued photo ID). Voucher must be used between August 1, 2021 and July 31,2022, or prize will be forfeited (at Sponsor’s final discretion). Please note that Upaway App Inc. is waiving all concierge fees and App-related fees, so the entirety of the voucher amount will go towards winner’s travel, and winner will receive any app-related services at no cost. Winner will not be required to utilize any paid version of the Upaway App and will have no future obligations upon fulfillment of the Sweepstakes prize.
No refund or compensation will be made in the event of the cancellation or delay of the flight. No refunds or credit for changes are allowed. All other expenses over the $3,000 ARV of the voucher and costs not expressly listed above, including but not limited to meals, activities, excursions, and transportation to/from the hotel, are the winner’s sole responsibility. Travel restrictions may apply.
Winning a prize is contingent upon fulfilling all requirements set forth herein. PLEASE NOTE: All taxes on prizes are the sole responsibility of the winner. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers’ terms and conditions, and winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Where not prohibited, affidavit of eligibility (including SSN), prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required from winner. Prize is not transferable and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prize of the same approximate retail value if advertised prize becomes unavailable for any reason, including but not limited to travel restrictions due to COVID. Because the value of the prize exceeds $600, the winner’s social security number or taxpayer I.D. will be required in order to issue a Form 1099-MISC showing prize ARV as income to winner. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein relating to the prize are the sole responsibility of the winner.
RANDOM DRAW & ODDS OF WINNING: On or about July 12, 2021, a random draw will be conducted from all entries received. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Selected entrant will be notified by a post and/or direct message on Instagram within 24 hours of winner selection.
WINNER CONFIRMATION: To be confirmed a winner, the selected entrant must: (1) respond as instructed within five (5) days to the post and/or direct message; and (2) if requested by Sponsor, winner may be required to execute and return within a reasonable specified time an Affidavit of Eligibility, Publicity Release, and Release of Liability (collectively, “Winner’s Documents”), that includes, without limitation, acceptance of the prize, tax information, and/or mutually acceptable liability releases, as requested by Sponsor, except where prohibited by law. If the selected entrant cannot be confirmed a winner for any reason, or if the Winner’s Documents are not fully completed within the specified time or are returned as undeliverable, s/he may be disqualified, and the prize will be forfeited and an alternate winner will be chosen. Upon responding to Sponsor’s notification, Sponsor will provide winner with instructions on prize delivery options.
PUBLICITY RELEASE: Except where prohibited, acceptance of the prize constitutes winner’s consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
ENTRANTS’ AGREEMENT TO ABIDE BY OFFICIAL RULES: By entering, entrant agrees that s/he has read, accepted, and will abide by and be bound by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or the awarding of the prize shall be submitted to Sponsor, whose decision shall be binding and final.
RELEASE OF LIABILITY: By entering, entrant agrees to release and hold harmless Sponsor, Instagram, Upaway App Inc., and their dealers and retailers, affiliates, sales representatives, agencies, wholesalers, distributors and promotional and other vendor agencies involved in the Sweepstakes, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations (“Releasees”) from any injury, loss or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of the prize, participation in any Sweepstakes-related activity, including but not limited to travel, or participation in the Sweepstakes.
LIMITATION OF LIABILITY: Releasees are not responsible for and each entrant releases and holds harmless the Releasees from and against any and all losses, damages, actions, demands, liabilities or claims of whatever nature or kind arising out of, or in connection with a prize or any portion thereof or this Sweepstakes. Without limiting the generality of the foregoing, the Releasees will not be responsible for any typographical or other error in the printed or other related material related of this Sweepstakes, the administration of the Sweepstakes, the selection of entrants, in the announcement of the prize, including erroneous appearance of qualification for the prize, any entries or entrants disqualified for any of the reasons stated in these Official Rules, or any loss, damage or claims caused by, or in any way related to the prize or the Sweepstakes itself.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY SUCH PERSON FROM THIS AND FUTURE SWEEPSTAKES.
DISPUTES REGARDING THE IDENTITY OF ENTRANT: Entries will be deemed made by the authorized Instagram account holder of the entry submitted. In the event of a dispute, the selected entrant may be required to provide proof that s/he is the authorized account holder of the identified account.
CHANGES TO SWEEPSTAKES, OFFICIAL RULES, ETC.: Under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Sweepstakes as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial/territorial or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, but not the obligation, in its sole and absolute discretion, to award the Prize from among all entries received to date.
DISPUTES/CHOICE OF LAW: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in CALIFORNIA; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the State of CALIFORNIA, without giving effect to any choice of law or conflict of law rules or provisions OF any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of CALIFORNIA.
RULES GOVERN: The Sweepstakes will be run in accordance with these Official Rules, which shall prevail, govern and control in the event of any inconsistency with any Sweepstakes-related materials.
WINNERS’ LIST: For the name of the winners, send a self-addressed stamped envelope to: Winner’s List – Vive Organic Kick It in Kauai Giveaway, c/o Vive Organic, Inc., 2554 Lincoln Blvd., #772, Venice, CA 90291. Requests must be received no later than December 31, 2021.
Upaway App Inc. is a prize provider only, and is not a sponsor of the Sweeptakes.
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