NEWSLETTER GIVEAWAY TERMS & CONDITIONS
OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. SPONSORS: The sponsor of the Newsletter Giveaway is HMNKIND located at 673 Monterey Pass Rd, Monterey Park, CA, 91754 ("Sponsor").
GIVEAWAY DESCRIPTION AND TIMING:
The HMNKIND “Newsletter Giveaway” (the “Giveaway”) begins on or about July 1, 2021 at 12:01 a.m. Pacific Time (“PT”) and ends on July 31, 2021 at 11:59 p.m. PT (the “Giveaway Period”). At the end of each calendar month during the Giveaway Period, a random drawing will be conducted to select one (1) winner of a $50 promotional credit to be used at HMNKIND.com from among all eligible entries received during the Giveaway Period, as set forth more fully below. The $50 promotional credit must be used within one (1) year of issuance. Any promotional credit that is not used in its entirety within one year from the date of issuance will be deemed to have expired. Entry in the Giveaway does not constitute entry into any other promotion, contest or giveaway. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects. This Giveaway is void where prohibited by law. The Giveaway may be cancelled or discontinued at any time during the Giveaway Period. This giveaway is not sponsored, administered, or associated with Instagram.
ELIGIBILITY:
The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia, who are (iS) at least eighteen (18) years of age as of the date of the Giveaway entry. Employees of Sponsor, and its parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Giveaway (all such individuals and entities collectively referred to herein as the "Giveaway Entities"), and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. This Giveaway is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void where prohibited by law. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER:
There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Giveaway. A purchase does not improve your chance of winning. During the Sweepstakes Period, you may enter the Giveaway by visiting the Giveaway site at https://www.hmnkind.com/pages/newsletter-giveaway and following the instructions to sign up for the HMNKIND newsletter and complete the information requested. Upon completion and submission of the signup form, you will receive one (1) entry into the Sweepstakes. Limit 1 entry per person, regardless of the method of submission during the Giveaway Period. All entries must be received by Sponsor before the end of the Giveaway Period in order to qualify for participation. Proof of entering information at the Giveaway Site is not considered proof of delivery to or receipt by Sponsor of such entry. Sponsor's designated computer shall be the official time keeping device for the Giveaway Use of computer programs and other automatic means to enter the Giveaway is prohibited and will result in disqualification. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and will result in disqualification. Normal Internet access, usage charges and/or mobile usage imposed by your online service or mobile provider may apply. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial Giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of the Giveaway, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the entry in question will be deemed to be the entrant, but only if that person meets all other eligibility criteria for this Giveaway. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof that he or she is the authorized account holder. 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. The Giveaway Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of the entries in the Giveaway. The Giveaway Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Any communication or information transmitted to Sponsor and/or the Giveaway Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Entries become the exclusive property of the Sponsor and will not be returned or acknowledged. As a condition of entering the Giveaway, each entrant gives consent: (1) for Sponsor to obtain and deliver his or her name, email address and other information to third parties for the purpose of administering this Giveaway and complying with applicable laws regulations and rules; (2) to the collection, storage and use of his or her personally identifiable information by Sponsor in accordance with its privacy policy located at https://www.hmnkind.com/pages/privacy-policy and (3) for Sponsor to deliver his or her name, email address and other personally identifiable information to any of Sponsor's existing marketing partners during the Giveaway Period.
WINNER SELECTION AND NOTIFICATION:
At the end of each calendar month during the Giveaway Period, a winner will be randomly selected in a drawing from all eligible entries received throughout each calendar month during the Giveaway Period. Each monthly drawing will be conducted by Sponsor or its third-party administrator, using randomization methods selected by Sponsor or its third-party administrator in its sole discretion. Odds of winning a prize are dependent upon the number of eligible entries received during each respective calendar month of the Giveaway Period. The potential winners will be notified via email. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate potential winner may be selected at the sole discretion of the Sponsor. Sponsor may in its sole discretion successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, such prize will go unawarded.
PRIZES/ODDS:
There is one (1) prize available each month during the Giveaway Period. The prize consists of a $50 HMNKIND Promotional Credit (“Credit”) to be used only at HMNKIND.COM. The $50 promotional credit must be used within one (1) year of issuance. Any promotional credit that is not used in its entirety within one year from the date of issuance will be deemed to have expired. The Credit is subject to the terms and conditions associated therewith and imposed by issuer. The approximate retail value ("ARV") for each prize is $50. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize becomes unavailable, in whole or in part, for any reason.
GENERAL PRIZE CONDITIONS:
Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Giveaway materials are for illustrative purposes only as actual prizes may vary from the prizes pictured. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return any requested Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate potential winner may be selected. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. GENERAL LIABILITY RELEASE/FORCE MAJEURE:
By participating in the Giveaway, entrants agree to be bound by these Official Rules, the privacy policy of Sponsor located at https://www.hmnkind.com/pages/privacy-policy and the decisions of the Sponsor. Acceptance of a Prize constitutes permission for the Giveaway Entities to use that winner's name and/or likeness, biographical information, and/or entry for purposes of advertising and trade and on the winner's list without further compensation, unless prohibited by law. By submitting an entry, you warrant that all of the information provided as part of your entry is accurate, does not violate any third party's legal rights (including without limitation rights of privacy and publicity) and otherwise does not violate applicable law. Entrants agree that the Giveaway Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Giveaway or any Giveaway -related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. The Giveaway Entities assume no responsibility for any damage to an entrant's, or any other person's, computer system which is occasioned by accessing the Giveaway Site or otherwise participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor has the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway or the Giveaway Site, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. ARBITRATION PROVISION:
By participating in this Giveaway, each entrant agrees that: (1) any and all disputes the entrant may have with, or claims entrant may have against, the Giveaway Entities relating to, arising out of or connected in any way with the Giveaway, the awarding or redemption of any prize, and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration.
WINNERS LIST/OFFICIAL RULES:
To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: "Newsletter Giveaway", to 673 Monterey Pass Rd, Monterey Park, CA, 91754 Attn: Marketing Department. Vermont residents may omit return postage.