KOS Out Of This World Promotion Official Rules
November 10, 2020 12:00am PST – November 28, 2020 11:59pm PST
Publication Date of Official Rules: November 1, 2020
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CAMPAIGN IS INTENDED FOR LEGAL RESIDENTS OF THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S., WHO ARE 18 YEARS OF AGE OR OLDER AND THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY, WHO ENTER FROM WITHIN THE 50 UNITED STATES.
- Eligibility: The KOS Out Of This World 2021 Promotion (the “Campaign”) is open to: legal residents of the fifty (50) United States, who are at least eighteen (18) years of age or older and have reached the age of majority in their jurisdiction of residence, who are located in the United States at the time of entry. Employees, contractors, directors, officers, and agents of KOS Inc (“Sponsor”), Campaign and judging agencies and all other service agencies involved with the Campaign, if any, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such person(s) (whether or not related) are not eligible to enter or win.
This Campaign is subject to all applicable federal, state, provincial and local laws and regulations and is void where prohibited. 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 Campaign. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: KOS, Inc. 27 W. Anapamu St #300, Santa Barbara, CA 93101
- Campaign Period: The Campaign begins on November 10, 2020 at 12:00am Pacific Standard Time (“PST”) and ends on November 28, 2020 at 11:59pm PST (the “Campaign Period”). The Campaign Period consists of a “Registration Period” and a “Mail-In Period” as follows:
- The Campaigns “Registration Period” shall start on November 10, 2020 at 12:00 am PST and ends on November 28, 2020, at 11:59 pm PST
- The Campaigns “Mail-In Period” shall start on November 10, 2020, at 12:00 am PST and ends on December 1, 2020, at 12:00 pm PST
- How to Enter: There are two ways to enter the Campaign:
- To enter by registration: Go to https://pages.KOS.com/black-friday and, log in to your account (or create one for free) and enter your email address on the form within the Registration Period. Every email address entered during the Registration Period provides the buyer with one (1) Campaign entry. To receive an entry into the Campaign via this method, you must enter your email address and successfully submit the registration form during the Registration Period by the end time/date of the Registration Period. For the avoidance of doubt, registrations completed after the Registration Period end time/date will not be eligible for entry into the Campaign, unless an entrant decides to enter the Campaign without making a purchase in line with the mail-in entries detailed below. All entries into the Campaign are eligible for General Prizes and Top Prizes, subject to the limitations (as defined below).
- To enter without making a purchase: To enter the Campaign without making a purchase- hand-print your full name, age, mailing address, telephone number and email address on a 3” x 5” card, and for entrants who are residents of the fifty (50) United States, and mail to: KOS, Inc. 27 W. Anapamu St, Santa Barbara, CA 93101, to receive one (1) entry into the Campaign (i.e. one (1) entry in the General Prizes draw and one (1) entry in the Top Prize Draw). Requests must be postmarked and received no later than the Mail-In Period. Each mail-in entry must be in a separate postmarked outer envelope. Mail-in entry prizes are awarded at the same time as items are purchased directly online and awarded in the Registration Period, so mail-in entrants will be eligible for those prizes not already awarded in the course of the Registration Period. No facsimiles or mechanical reproductions of entries allowed. Submissions become property of Sponsor and will not be returned.
Limit: There is no limit to how many entries you may receive, regardless of method of entry. Limit one (1) Top Prize or General Prize per person/email-address or mail-in entry during the Campaign Period, regardless of method of entry or number of items purchased.
Individuals who do not provide the required information, successfully submit their bid, timely submit their entry, and/or abide by these Official Rules or other reasonable instructions of Sponsor may be disqualified.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Any entrant that attempts to complete or submit fraudulent entries will be disqualified (including all of that entrant’s entries) in Sponsor’s reasonably exercised discretion. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address. Should multiple users of the same email account enter the Campaign and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of the said email account at the time of entry will be considered the entrant. “Authorized Account Holder'' is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted e-mail address. A potential winner may be required to show proof of being the Authorized Account Holder.
- Drawing: For entrants who are residents of the fifty (50) United States registering, on or around the date of such registration(s) during the Registration Period, and on or around December 1, 2020 for mail-in entrants, Sponsor will randomly select one (1) prize for each eligible purchase during the Campaign Period. Odds of winning depend on number of eligible entries received during the Campaign Period. Top Prizes and General Prizes will be attributed to selected entrants in Sponsor’s sole and absolute discretion.
On or around the date of purchase for entrants making a registration and December 1, 2020 for mail-in entrants, potential winners will be notified via the email address and/or telephone number provided during entry into the Campaign. Potential winners are subject to verification of eligibility by Sponsor. Where lawful under applicable law, winners may be required to complete, sign and return an Affidavit of Eligibility/Declaration of Compliance and Liability Release, and a Publicity Release, within seven (7) days of attempted notification or the prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a potential winner cannot be verified, or if a potential winner is otherwise unable or unwilling to accept and claim the prize as stated, then the potential winner may be disqualified and the prize may be forfeited in Sponsor’s reasonably exercised discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly.
- Prizes: There is one prize to be won:
1) Top Prize
Each Campaign entry enables you to win one (1) of the one (1) category of prizes (defined below).
ARV (in United States Dollars)
Out Of This World Bundle
Limit one (1) Top Prize per person regardless of the method of entry or number of items purchased, meaning if you win either a Top Prize or General Prize, your remaining entries will not entitle you to win a Top Prize or General Prize.
Prize Restrictions and Details:
- The value of the Top Prize represents Sponsor’s good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a Prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No transfer, substitution, or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to unavailability of prizes for any reason, including but not limited to cancellation, scheduling conflicts, or force majeure. Sponsor reserves the right to substitute prizes of equal or greater value. All prizes are valued in U.S. dollars. Any costs associated with currency exchange are the sole responsibility of the recipient. The prizes do not include taxes, insurance, personal expenses, gratuities, incidental charges, or any other items not specifically described in the Rules and the foregoing are the Selected Entrants’ sole responsibility. Selected Entrants are responsible for determining applicability and payment of all taxes.
- Release: As a condition of entering, entrants agree to the maximum extent permitted by applicable law: (a) to release Sponsor, each of its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Campaign Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) that under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) that all causes of action arising out of or connected with this Campaign, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. The Sponsor does not exclude or limit its liability for personal injury or death caused by negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded.
- Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
- General Conditions: To the extent allowed under applicable law, Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Campaign or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Campaign, or any part of it, if any fraud, bugs, virus, technical failures, pandemics, government sanctioned lockdowns, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Campaign, as determined by Sponsor in its reasonable discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its reasonably exercised discretion, to disqualify any individual and his/her entries it finds to be tampering with the entry process, the website, or the operation of the Campaign or to be acting in violation of the Official Rules of this or any other Campaign or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Campaign may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.
- Binding Arbitration: Any controversy or claim arising out of or relating to this Campaign shall be subject to the jurisdiction determined by applicable law or otherwise settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CAMPAIGN IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CAMPAIGN, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
- Governing Law & Jurisdiction: Except where prohibited by law, this Campaign and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of Califoria, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Michigan. Notwithstanding the above, the entire mandatory law of the country in which the participant has his habitual residence remains applicable.