KEEP A BREAST
The “#NDLovesKAB” Promotion (the “Sweepstakes”) begins on 05/22/2017 09:00am PST (the “Sweepstakes Start Date”) and ends on 06/5/2017 11:59pm PST (the “Sweepstakes End Date”) (such period referred to herein as the “Sweepstakes Entry Period”). The Sweepstakes is sponsored by Keep A Breast (the “Sponsor”) and is for the benefit of The Keep a Breast Foundation (the “Charity”).
The Sweepstakes is only open to individuals who are at least eighteen (18) years of age at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
THE SWEEPSTAKES IS VOID OUTSIDE OF THE UNITES STATES OR WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
- HOW TO ENTER
Participants may enter the Sweepstakes by visiting http://keep-a-breast.org/ndloveskab/ (the “Sweepstakes Website”) during the Sweepstakes Entry Period and following the on-screen prompts. If you donate a minimum of:
$10 you will receive 1 entry. Each time you donate a minimum of $10 during the Sweepstakes Entry Period, you will receive an entry. There are no limitations or restrictions on the number of entries.
FREE ENTRIES may also be earned by mailing Keep A Breast your name, age, address, phone number and e-mail address during the Sweepstakes Entry Period to: 3901 Medford Street, Los Angeles, CA 90063. You must include “#NDLovesKAB” on the back of your envelope.
- SELECTION OF WINNER
On or about 06/6/2017 PST (the “Drawing Date”), Sponsor will select the potential Sweepstakes winner (“Sweepstakes Winner”) in accordance with these Official Rules. The Sweepstakes Website is the official timekeeping device for the Sweepstakes. Proof of submission is not proof of receipt. The potential Sweepstakes Winner will be selected by random drawing from all eligible entries received by the Sponsor during the Sweepstakes Entry Period. The potential Sweepstakes Winner will be notified by email on or about the Drawing Date, using the email address provided with the selected entry, and will be conditionally awarded the prize subject to verification of eligibility and compliance with the terms of these Official Rules. In the event that a potential Sweepstake Winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner as provided herein. The selected winner Sweepstakes Winner must execute all consents as provided by applicable law. Odds of winning the Sweepstakes prize depend on the number of eligible entries received during the Sweepstakes Entry Period.
- VERIFICATION OF WINNER
EACH POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES. Potential Sweepstakes Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release in the form(s) provided by Sponsor (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Sweepstakes Winner may be selected. In the event: (a) potential Sweepstakes Winner cannot be reached within 48 hours of initial email notification from Sponsor, or for whatever reason after a reasonable effort has been exerted, or the potential Sweepstakes Winner notification or Affidavit is returned as undeliverable; (b) potential Sweepstakes Winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential Sweepstakes Winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) potential Sweepstakes Winner cannot or does not comply with these Official Rules, or (f) potential Sweepstakes Winner fails to fulfill the Affidavit-related obligations shall be disqualified from the Sweepstakes and an alternate potential Sweepstakes Winner may be randomly selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
Sweepstakes Prize. One (1) winner of the Sweepstakes (the “Sweepstakes Winner”) will win: a trip to Vegas (the Sweepstakes Winner and his/her travel guest (“Guest”) to go backstage at the Vans Warped Tour on June 23, 2017. The Prize includes: (i) roundtrip air transportation for Sweepstakes Winner and Guest departing from a major airport nearest the Sweepstakes Winner’s residence (as determined by Charity in its sole discretion) to Las Vegas, NV (Approximate retail value (ARV: $800); (ii) Breakfast with the band (ARV: $400); and (iv) backstage access at the Warped Tour on June 23, 2017 (ARV: $300); and (iv) a customized guitar signed by Fil and the Band (ARV: $2000) (collectively, the “Sweepstakes Prize”), as such Sweepstakes Prize is scheduled on June 23, 2017.
Sweepstakes Winner and Guest are responsible for all travel documents and requirements.
Guest must be 18 and may be required to execute and return to Sponsor an Affidavit (except where prohibited by law), in order to accompany the Sweepstakes Winner. The dates of departure and return are subject to change at Charity’s sole discretion. Travel arrangements are subject to availability, blackout dates and other restrictions.
The Sweepstakes Winner and Guest must travel on the same itinerary. In the event for any reason the Sweepstakes Winner does not have a valid ID at the time of departure, neither the Sweepstakes Winner nor Guest may travel, the Sweepstakes Prize will be forfeited in its entirety and nothing will be substituted in its place. Notwithstanding the foregoing sentence, if at the time of departure Sweepstakes Winner does have a ID and Guest does not have a valid ID, Sweepstakes Winner may travel but the Sweepstakes Winner may not choose a substitute Guest unless approved by Charity in its sole discretion. No deviations to travel itinerary are permitted.
Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. Sponsor and Charity are not responsible if the Sweepstakes Winner does not use any event tickets on day of the applicable event. ARV of the Sweepstakes Prize is $3,500 USD. Actual value may vary based on airfare rate fluctuations and distance between departure and destination.
No substitution or transfer of prizes is permitted, and prizes cannot be redeemed for cash. Sponsor and Charity are responsible only for prize delivery and not prize utility. Charity reserves the right to substitute the listed Sweepstakes Prize, or any portion thereof, for one of equal or greater value if any advertised prize becomes unavailable for any reason. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded, are the sole responsibility of the Sweepstakes Winner. Inappropriate activity may result in removal from the Venue and/or disqualification.
- CONDITIONS AND RELEASES
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, the Charity and their respective parent, subsidiary, and affiliated companies, celebrities, celebrities’ team/employer and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives, and their successors and assigns (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, travel, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Sweepstakes Prize, or any portion thereof (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Released Parties are not responsible if the Sweepstakes Prize, or any portion thereof, is delayed, postponed or cancelled for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except as in Charity’s sole discretion. Sweepstakes Winner acknowledges that all prizes are awarded as-is, without warranty, representation or guarantee, express or implied, in fact or in law of any kind.
Except where prohibited or restricted by law, Sweepstakes Winner’s and Guest’s acceptance of Sweepstakes Prize, or any portion thereof, constitutes the Sweepstakes Winner’s and Guest’s agreement and consent for Sponsor, Charity and any of their designees to use and/or publish Sweepstakes Winner’s and Guest’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Sweepstakes Winner and Guest regarding the Sweepstakes, Charity or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor and Charity, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Sweepstakes Winner is solely responsible for acquiring Guest’s agreement and consent for all required documents.
- GENERAL CONDITIONS
The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Sweepstakes Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s or Charity’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (b) acting in violation of these Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times in violation of these rules or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. Sponsor reserves the right to cancel any Sweepstake before the scheduled Sweepstakes End Date. In the event a Sweepstakes is cancelled, all entries into such Sweepstakes will be deemed null and void, all donations will be refunded to the donors thereof, no winners will be selected and no rewards will be delivered.
- LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize by Sweepstakes Winner and Guest. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate California State Court located in Los Angeles County, California; (c) 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 (d) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor and Charity in connection with the 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- WINNERS LIST
The first name, last initial, city and state of the winners and a copy of these Official Rules will be available on the Sweepstakes Website shortly following the Drawing Date and for ninety (90) days or more thereafter.