Scavenger Hunt Official Rules
Scavenger Hunt Official Rules
Jarritos Takeover - Nov 1 - 30, 2024
Back to GR1D Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
These Scavenger Hunter Contest Official Rules (“Official Rules” or this “Agreement”) are a contract between 1Kin Laboratories, Inc. and its affiliated companies (collectively, “IKIN,” “we,” “our,” or “us”) regarding your participation in the Contest (as defined below) and access to and use of any website (and all related components) or application where these Official Rules are posted (“Platform”).
THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY.
Sponsor and Contest Period
Beginning on November 1, 2024, and continuing through November 31, 2024 (“Contest Period”), Tipp Distributors, Inc., with an address at 500 W. Overland, Ste. 300, El Paso, TX 79901. (“Sponsor” or “Jarritos”), is sponsoring a multi-tiered scavenger hunt on the Platform (“Contest”). Sponsor and 1KIN are referred to collectively as the “Contest Companies.”
Registration
To participate in the Contest, you must register an account on the Platform. To register an account, you must be at least 18 years old, capable of forming a binding contract with 1KIN in your respective jurisdiction, and not a Restricted Party (as defined below). Any individual who fails to register an account and/or agree to these Official Rules will be ineligible to participate in the Contest. The Contest may have additional registration requirements in order to participate.
Eligibility
Entrants
The Contest is open only to natural persons who, at the time of entry, are (a) physically located in a jurisdiction in which participation in the Contest is permitted and unrestricted by that jurisdiction’s laws; (b) at least 18 years old or the age of majority in their jurisdiction; (c) personally assigned to the email address submitted during Account registration; capable of forming a binding contract with 1KIN; and (d) not a Restricted Party (each, the “Entrant” or collectively, “Entrants”).
Restricted Parties
You acknowledge that various rules, regulations, and laws addressing contests, promotional offerings, and/or prizes govern your participation (“Applicable Laws”), and that Applicable Laws are set up by each U.S. state, country, territory, or jurisdiction. Therefore, the Contest is not offered to Entrants participating in any jurisdiction in which the Contest violates its Applicable Laws (“Prohibited Jurisdictions”), and if you are located in any Contest Prohibited Jurisdiction then you may not participate in the Contest.
Further, the Contest is not open to natural persons who are located in a comprehensively sanctioned jurisdiction, which, as of the “Last Updated” date above, include: Afghanistan, Balkans, Belarus, Central African Republic, Cuba, Ethiopia, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, certain sanctioned areas of Russia and Ukraine (including without limitation, the regions of Crimea, Donetsk, and Luhansk), Somalia, Sudan, South Sudan, Syria, West Bank, Venezuela, Yemen, Zimbabwe (“Sanctioned Jurisdictions”). Collectively, a natural person located in a Prohibited Jurisdiction and/or a Sanctioned Jurisdiction is a “Restricted Party.” It is your responsibility to determine whether you are a Restricted Party. We reserve the right to monitor the location from which you access the Contest and may block access to the Contest if you are a Restricted Party.
Employees, contractors or interns of the Contest Companies, and each of their respective divisions, affiliates, parent companies, subsidiaries, advertising, and promotion agencies (including in each case, immediate family members) are not eligible for a prize in the Contest. For purposes of this Contest, “immediate family members” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage, remarriage, adoption, co-habitation, or other familial extension, and any other persons residing at the same household location, whether related or not.
We make no representations or warranties express or implied as to the lawfulness of your participation in the Contest, nor shall any person affiliated with us, or claiming affiliation, with us have authority to make any such representation or warranties.
Contest Details
During the Contest Period, Sponsor will post a unique scavenger hunt code (each, a “Code”) on the Platform. The sponsor will also post the Code on other websites. Entrants will be asked to locate Codes to complete missions, trivia, quests, riddles, and games (collectively, “Scavenger Hunts”). Scavenger Hunts will consist of three levels, and completion of each Scavenger Hunt level grants the entrant who completed the level with prizes (“Winners”), including:
Level 1: All Entrants who complete the first Scavenger Hunt level during the Contest Period receive an instant claim for a discount code to Sponsor’s merchandise shop.
Level 2: All Entrants who complete the second Scavenger Hunt Level during the Contest Period will be eligible to receive additional prizes such as digital credits on the GR1D Terminal platform, and entries into a randomized raffle giveaway for additional prizes. The first person to complete the second Scavenger Hunt Level will receive a pair of Jarritos Nike SB Dunks. The approximate retail value (“ARV”) of the Jarritos Nike SB Dunks is $200.
Level 3: All Entrants who complete the third Scavenger Hunt Level during the Contest Period receive instant claims for prizes including a Reddit digital collectible celebrating Jarritos and us; and digital collectibles of GR1DRUNNERS in-game characters.
Winners who complete any Scavenger Hunt level also receive instant claims, in the form of GR1D credits, redeemable for gaming collectibles and rewards from a growing list of titles on GR1D terminal.
All Entrants are automatically entered to win a $100 gift card from Amazon or GameStop. The ARV of each gift card is $100. A total of ten Amazon or GameStop gift cards will be awarded in this Contest (ARV is $1,000).
Entrants who, at the end of the Contest Period, rank in the top 100 on the GR1DRUNNERS leaderboard will be automatically entered to win an XBOX Series X. The ARV of the XBOX Series X is $550. A total of one XBOX Series X will be awarded in this Contest.
Entrants who, at the end of the Contest Period, rank in the top 10 on the GR1DRUNNERS leaderboard will be automatically entered to win a Sony PS5 Pro. The ARV of the Sony PS5 Pro is $700. A total of one Sony PS5 Pro will be awarded in this Contest.
Prize Details
Odds of Winning
Odds of winning depend on the number of Entrants of the Contest as of November 31, 2024, and the number of Entrants correctly entering the Codes and/or participating in the Contest activities, as described in these Official Rules.
Prize Conditions
No compensation will be given for lost, stolen, or expired gift cards. The Contest Companies are not responsible for replacing lost, stolen, or expired gift cards. Fulfillment of any gift card is the sole responsibility of the merchant, not the Contest Companies, and is only redeemable as specified. The gift card must be surrendered upon redemption. All gift cards are subject to the terms and conditions regarding use, loss, theft, and redemption and all other terms and conditions established by the merchant providing that gift card. Any questions or issues regarding gift cards must be directed to the merchant customer service center and will be handled exclusively by the merchant. All transactions, disputes, questions, and all other aspects of the relationship between any prize winner and merchant are solely the responsibility of the prize winner and merchant, and the Contest Companies and their affiliates have no responsibility for any such matters. 1KIN has not made and 1KIN is not responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the gift cards, regarding the use, value or enjoyment of the gift cards, including, without limitation, merchantability or fitness for a particular purpose.
No prize substitution or exchange will be allowed, except by the Contest Companies in their sole discretion. All other costs and expenses not expressly set forth herein shall be solely the Winner’s responsibility. The Contest Companies shall not be held responsible for any delays in awarding a prize for any reason. If, after a good-faith attempt, the Contest Companies are unable to award or deliver a prize, the prize may not be re-awarded.
Taxes
All local, state, federal, provincial taxes, and all fees and expenses related to accepting a prize will be the sole responsibility of the prize winner. Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Publicity Release
Acceptance of a prize constitutes permission and grant by the Winner of the right and permission for the Competition Companies and their agencies to print, publish, broadcast and use worldwide in any media not known or hereafter developed, including but not limited to the worldwide web, any times or times, the Winner’s name and/or likeness, entry, picture, voice, likeness, opinions and biographical information (including but not limited to home town and state or country) prize information, quotes attributable to the Winner, and any other elements of the Winner’s persona for advertising, trade and promotional purposes (including the announcement of their name on television or radio broadcast), for purposes of advertising and trade without further consideration, compensation, permission or notification, publication to be used by the Competition Companies and its designees and partners. By accepting a prize (or a cash alternative), the Winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Competition Companies and can be used in any media throughout the world in perpetuity and in any manner at the Competition Companies’ sole discretion, without furth review, notice, approval, consideration, or compensation to the Winner or any third party.
Communications; Opt-Out
Each Entrant gives consent for the Contest Companies to obtain, process, store and deliver Entrant’s name, email address, state of residency, and other collected information to the Contest Companies and to Sponsor’s service providers and business partners: (i) for the purpose of administering this Contest; (ii) to comply with applicable laws, regulations and rules; and (iii) to communicate with Sponsor about offers and promotions from the Sponsor’s affiliates and/or business partners. Any information Entrant provides to the Contest Companies may be used to communicate with Entrant in relation to this Contest or on a Contest winner’s list and/or for the other purposes specified herein. Collection and use of personally identifiable information will be in accordance with the Contest Entities Privacy Policy or the applicable business partner’s privacy policy. Any email communication from Sponsor and/or its business partners will contain an unsubscribe link enabling Entrant to opt-out of further communications (except for Contest administration if Entrant continues to participate after unsubscribing).
Any Entrant participating in this Contest may be disqualified if he or she partakes in any activity or act that, in the Contest Companies reasonable judgment, (a) tends to bring the Entrant into public disrepute, contempt, scandal, or ridicule, or tends to shock insult, or offend the majority of the consuming public or any protected class or group; and/or (b) may in any way injure or adversely reflect on the name, goodwill or reputation of the Contest Companies, their affiliates, or respective products, logos or trademarks, including, without limitation, being arrested, charged with or convicted of substance abuse or DWI, a felony or misdemeanor, or crime of moral turpitude, or charged with a fraud (“Negative Acts”). If the Entrant commits any of the Negative Acts, the Contest Companies shall have the right, in their sole and absolute discretion, to disqualify such participating Entrant, without any further obligation or liability to the Entrant. The Contest Companies reserve the right to conduct a background check, including a check of criminal records, with respect to any Entrant eligible for a prize, and by participating in this Contest, each participating Entrant consents to such background check.
Internet
Contest Companies may run multiple campaigns and/or other contest and sweepstakes simultaneously (separately or collectively). Participation in one campaign, sweepstakes, or contest or the Contest does not constitute participation into any other. Any attempt by an individual to deliberately damage any site or undermine the legitimate operation of this Competition is a violation these Official Rules. Should such an attempt be made, the Contest Companies reserves the right to seek damages from any such individual to the fullest extent permitted by law.
The Contest Companies are not responsible for faulty, incorrect, undeliverable, or mis-transcribed phone/email/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission that may limit a user’s ability to participate in the Contest. The Contest Companies assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in the Entrant’s email account to receive email.
The Contest Companies reserve the right to cancel or modify the Contest if for any reason, the Contest is undermined by any event beyond the Contest Companies control including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program as determined by Contest Companies and/or its agencies, in their sole discretion. In the event of termination, a notice will be posted online. The failure of the Contest Companies to comply with any provision of these Official Rules due to an act of God, epidemic/pandemic, act of public enemies or any act outside of the Contest Companies control/force majeure event, will not be considered a breach of these Official Rules.
Proof of submitting Contest entries will not be deemed to be proof of receipt by Contest Companies. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) will be disqualified, based on determinations made solely by the Contest Companies. Contest Companies reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirements of participation as stated herein or with any provision in these Official Rules.
Waiver of Class Action and Mandatory Arbitration
To the extent permissible by law, any claims, controversy, or dispute arising out of or related to these Terms, this Contest, or any products or services provided in connection with this Contest (“Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.
In the event of a Dispute between the parties or the breach thereof, the parties shall participate in at least one live or teleconferenced (e.g., using Zoom or a similar video conferencing software that allows the parties to communicate in real time) mediation session with an American Arbitration Association (“AAA”) neutral. The parties agree to participate in mediation in good faith and to share equally in the cost of such mediation.
Should a Dispute not be settled within seven days following a live mediation session, either party may commence a binding arbitration administered in New York, New York by the AAA under its Commercial Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The prevailing party shall be entitled to recover attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of AAA, however, nothing in this Agreement shall preclude the parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the parties agree to waive any claim of improper venue or forum non conveniens.
To the extent permitted by law, any Dispute must be filed within six months after the relevant claim arose; otherwise, the dispute is permanently barred.
Limitation of Liability
The Contest Companies will not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including without limitation, damages for lost data, lost profits, lost revenue, lost business, anticipated profits, costs of procurement of substitute goods or services, however caused and under any theory of liability, and regardless of whether the releasees were or should have been aware of or advised of the possibility of such damages. In addition, to the fullest extent possible by law, the releasees’ maximum aggregate liability arising out of or in connection with the contest, regardless of the number of claims or causes of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $500.
Waiver of Unknown Claims
Residents of California or states with similar law: if you are a resident of California, or of a state with a law substantially similar to section 1542 of the California civil code, then you expressly waive all rights and benefits afforded by California civil code section 1542 or your state’s substantially similar law, and you do so understanding and acknowledging the significance of such specific waiver thereof. Section 1542 of the civil code of the state of California states as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Thus, notwithstanding the provisions of section 1542 or your state’s substantially similar law, and for the purpose of implementing a full and complete release and discharge of releasees, you expressly acknowledge that the release granted by you by these rules is intended to include in its effect, without limitation and with respect to the entirety of the release herein, all claims not known or suspected by you and all facts in addition to or different from those which you currently know or believe to be true, and that this release contemplates the extinguishment of any such claims which you may have against any releasees. All provisions of these rules applicable to section 1542 will apply with full force and effect to your state’s substantially similar provision.
Governing Law
This Contest and these Official Rules will be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from or relating to this Contest, these Official Rules (including their construction, validity, and enforceability), the prizes being awarded, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Delaware.
Modification
The Contest Companies reserve the right to amend this Agreement from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notices of such changes or modifications.
Miscellaneous
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Contest Companies failure to enforce any term of the Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Official Rules and Conditions, Contest Companies have sole and absolute determination. By participating in the Contest, Entrant hereby agrees to waive any rights to claim ambiguity of the Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or communications, privacy policy or terms of use on the Platform, websites and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Contest Companies sole and absolute determination. Contest Companies will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. Contest Companies reserve the right to change, alter, or amend these Official Rules as necessary, in its sole determination, to ensure the fair administration of the Contest or to comply with applicable law. Any and all decisions of Contest Companies regarding the Contest are final.
Use of Trademarks
The use of a third-party trademark in connection with any prizes being awarded in this Contest is for the purposes of prize description only and such use is not intended to suggest or imply sponsorship, endorsement or the approval of this Contest.
Names of Winners
To obtain the names of the winners, send a self-addressed, stamped envelope to 1Kin Laboratories, Inc.111 NE 1st Street, 8th Floor #8380, Miami, FL 33132, United States
Attn: Legal Dept. Legal@1kin.io by 12/31/2024.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
These Scavenger Hunter Contest Official Rules (“Official Rules” or this “Agreement”) are a contract between 1Kin Laboratories, Inc. and its affiliated companies (collectively, “IKIN,” “we,” “our,” or “us”) regarding your participation in the Contest (as defined below) and access to and use of any website (and all related components) or application where these Official Rules are posted (“Platform”).
THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY.
Sponsor and Contest Period
Beginning on November 1, 2024, and continuing through November 31, 2024 (“Contest Period”), Tipp Distributors, Inc., with an address at 500 W. Overland, Ste. 300, El Paso, TX 79901. (“Sponsor” or “Jarritos”), is sponsoring a multi-tiered scavenger hunt on the Platform (“Contest”). Sponsor and 1KIN are referred to collectively as the “Contest Companies.”
Registration
To participate in the Contest, you must register an account on the Platform. To register an account, you must be at least 18 years old, capable of forming a binding contract with 1KIN in your respective jurisdiction, and not a Restricted Party (as defined below). Any individual who fails to register an account and/or agree to these Official Rules will be ineligible to participate in the Contest. The Contest may have additional registration requirements in order to participate.
Eligibility
Entrants
The Contest is open only to natural persons who, at the time of entry, are (a) physically located in a jurisdiction in which participation in the Contest is permitted and unrestricted by that jurisdiction’s laws; (b) at least 18 years old or the age of majority in their jurisdiction; (c) personally assigned to the email address submitted during Account registration; capable of forming a binding contract with 1KIN; and (d) not a Restricted Party (each, the “Entrant” or collectively, “Entrants”).
Restricted Parties
You acknowledge that various rules, regulations, and laws addressing contests, promotional offerings, and/or prizes govern your participation (“Applicable Laws”), and that Applicable Laws are set up by each U.S. state, country, territory, or jurisdiction. Therefore, the Contest is not offered to Entrants participating in any jurisdiction in which the Contest violates its Applicable Laws (“Prohibited Jurisdictions”), and if you are located in any Contest Prohibited Jurisdiction then you may not participate in the Contest.
Further, the Contest is not open to natural persons who are located in a comprehensively sanctioned jurisdiction, which, as of the “Last Updated” date above, include: Afghanistan, Balkans, Belarus, Central African Republic, Cuba, Ethiopia, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, certain sanctioned areas of Russia and Ukraine (including without limitation, the regions of Crimea, Donetsk, and Luhansk), Somalia, Sudan, South Sudan, Syria, West Bank, Venezuela, Yemen, Zimbabwe (“Sanctioned Jurisdictions”). Collectively, a natural person located in a Prohibited Jurisdiction and/or a Sanctioned Jurisdiction is a “Restricted Party.” It is your responsibility to determine whether you are a Restricted Party. We reserve the right to monitor the location from which you access the Contest and may block access to the Contest if you are a Restricted Party.
Employees, contractors or interns of the Contest Companies, and each of their respective divisions, affiliates, parent companies, subsidiaries, advertising, and promotion agencies (including in each case, immediate family members) are not eligible for a prize in the Contest. For purposes of this Contest, “immediate family members” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage, remarriage, adoption, co-habitation, or other familial extension, and any other persons residing at the same household location, whether related or not.
We make no representations or warranties express or implied as to the lawfulness of your participation in the Contest, nor shall any person affiliated with us, or claiming affiliation, with us have authority to make any such representation or warranties.
Contest Details
During the Contest Period, Sponsor will post a unique scavenger hunt code (each, a “Code”) on the Platform. The sponsor will also post the Code on other websites. Entrants will be asked to locate Codes to complete missions, trivia, quests, riddles, and games (collectively, “Scavenger Hunts”). Scavenger Hunts will consist of three levels, and completion of each Scavenger Hunt level grants the entrant who completed the level with prizes (“Winners”), including:
Level 1: All Entrants who complete the first Scavenger Hunt level during the Contest Period receive an instant claim for a discount code to Sponsor’s merchandise shop.
Level 2: All Entrants who complete the second Scavenger Hunt Level during the Contest Period will be eligible to receive additional prizes such as digital credits on the GR1D Terminal platform, and entries into a randomized raffle giveaway for additional prizes. The first person to complete the second Scavenger Hunt Level will receive a pair of Jarritos Nike SB Dunks. The approximate retail value (“ARV”) of the Jarritos Nike SB Dunks is $200.
Level 3: All Entrants who complete the third Scavenger Hunt Level during the Contest Period receive instant claims for prizes including a Reddit digital collectible celebrating Jarritos and us; and digital collectibles of GR1DRUNNERS in-game characters.
Winners who complete any Scavenger Hunt level also receive instant claims, in the form of GR1D credits, redeemable for gaming collectibles and rewards from a growing list of titles on GR1D terminal.
All Entrants are automatically entered to win a $100 gift card from Amazon or GameStop. The ARV of each gift card is $100. A total of ten Amazon or GameStop gift cards will be awarded in this Contest (ARV is $1,000).
Entrants who, at the end of the Contest Period, rank in the top 100 on the GR1DRUNNERS leaderboard will be automatically entered to win an XBOX Series X. The ARV of the XBOX Series X is $550. A total of one XBOX Series X will be awarded in this Contest.
Entrants who, at the end of the Contest Period, rank in the top 10 on the GR1DRUNNERS leaderboard will be automatically entered to win a Sony PS5 Pro. The ARV of the Sony PS5 Pro is $700. A total of one Sony PS5 Pro will be awarded in this Contest.
Prize Details
Odds of Winning
Odds of winning depend on the number of Entrants of the Contest as of November 31, 2024, and the number of Entrants correctly entering the Codes and/or participating in the Contest activities, as described in these Official Rules.
Prize Conditions
No compensation will be given for lost, stolen, or expired gift cards. The Contest Companies are not responsible for replacing lost, stolen, or expired gift cards. Fulfillment of any gift card is the sole responsibility of the merchant, not the Contest Companies, and is only redeemable as specified. The gift card must be surrendered upon redemption. All gift cards are subject to the terms and conditions regarding use, loss, theft, and redemption and all other terms and conditions established by the merchant providing that gift card. Any questions or issues regarding gift cards must be directed to the merchant customer service center and will be handled exclusively by the merchant. All transactions, disputes, questions, and all other aspects of the relationship between any prize winner and merchant are solely the responsibility of the prize winner and merchant, and the Contest Companies and their affiliates have no responsibility for any such matters. 1KIN has not made and 1KIN is not responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the gift cards, regarding the use, value or enjoyment of the gift cards, including, without limitation, merchantability or fitness for a particular purpose.
No prize substitution or exchange will be allowed, except by the Contest Companies in their sole discretion. All other costs and expenses not expressly set forth herein shall be solely the Winner’s responsibility. The Contest Companies shall not be held responsible for any delays in awarding a prize for any reason. If, after a good-faith attempt, the Contest Companies are unable to award or deliver a prize, the prize may not be re-awarded.
Taxes
All local, state, federal, provincial taxes, and all fees and expenses related to accepting a prize will be the sole responsibility of the prize winner. Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Publicity Release
Acceptance of a prize constitutes permission and grant by the Winner of the right and permission for the Competition Companies and their agencies to print, publish, broadcast and use worldwide in any media not known or hereafter developed, including but not limited to the worldwide web, any times or times, the Winner’s name and/or likeness, entry, picture, voice, likeness, opinions and biographical information (including but not limited to home town and state or country) prize information, quotes attributable to the Winner, and any other elements of the Winner’s persona for advertising, trade and promotional purposes (including the announcement of their name on television or radio broadcast), for purposes of advertising and trade without further consideration, compensation, permission or notification, publication to be used by the Competition Companies and its designees and partners. By accepting a prize (or a cash alternative), the Winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Competition Companies and can be used in any media throughout the world in perpetuity and in any manner at the Competition Companies’ sole discretion, without furth review, notice, approval, consideration, or compensation to the Winner or any third party.
Communications; Opt-Out
Each Entrant gives consent for the Contest Companies to obtain, process, store and deliver Entrant’s name, email address, state of residency, and other collected information to the Contest Companies and to Sponsor’s service providers and business partners: (i) for the purpose of administering this Contest; (ii) to comply with applicable laws, regulations and rules; and (iii) to communicate with Sponsor about offers and promotions from the Sponsor’s affiliates and/or business partners. Any information Entrant provides to the Contest Companies may be used to communicate with Entrant in relation to this Contest or on a Contest winner’s list and/or for the other purposes specified herein. Collection and use of personally identifiable information will be in accordance with the Contest Entities Privacy Policy or the applicable business partner’s privacy policy. Any email communication from Sponsor and/or its business partners will contain an unsubscribe link enabling Entrant to opt-out of further communications (except for Contest administration if Entrant continues to participate after unsubscribing).
Any Entrant participating in this Contest may be disqualified if he or she partakes in any activity or act that, in the Contest Companies reasonable judgment, (a) tends to bring the Entrant into public disrepute, contempt, scandal, or ridicule, or tends to shock insult, or offend the majority of the consuming public or any protected class or group; and/or (b) may in any way injure or adversely reflect on the name, goodwill or reputation of the Contest Companies, their affiliates, or respective products, logos or trademarks, including, without limitation, being arrested, charged with or convicted of substance abuse or DWI, a felony or misdemeanor, or crime of moral turpitude, or charged with a fraud (“Negative Acts”). If the Entrant commits any of the Negative Acts, the Contest Companies shall have the right, in their sole and absolute discretion, to disqualify such participating Entrant, without any further obligation or liability to the Entrant. The Contest Companies reserve the right to conduct a background check, including a check of criminal records, with respect to any Entrant eligible for a prize, and by participating in this Contest, each participating Entrant consents to such background check.
Internet
Contest Companies may run multiple campaigns and/or other contest and sweepstakes simultaneously (separately or collectively). Participation in one campaign, sweepstakes, or contest or the Contest does not constitute participation into any other. Any attempt by an individual to deliberately damage any site or undermine the legitimate operation of this Competition is a violation these Official Rules. Should such an attempt be made, the Contest Companies reserves the right to seek damages from any such individual to the fullest extent permitted by law.
The Contest Companies are not responsible for faulty, incorrect, undeliverable, or mis-transcribed phone/email/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission that may limit a user’s ability to participate in the Contest. The Contest Companies assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in the Entrant’s email account to receive email.
The Contest Companies reserve the right to cancel or modify the Contest if for any reason, the Contest is undermined by any event beyond the Contest Companies control including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program as determined by Contest Companies and/or its agencies, in their sole discretion. In the event of termination, a notice will be posted online. The failure of the Contest Companies to comply with any provision of these Official Rules due to an act of God, epidemic/pandemic, act of public enemies or any act outside of the Contest Companies control/force majeure event, will not be considered a breach of these Official Rules.
Proof of submitting Contest entries will not be deemed to be proof of receipt by Contest Companies. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) will be disqualified, based on determinations made solely by the Contest Companies. Contest Companies reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirements of participation as stated herein or with any provision in these Official Rules.
Waiver of Class Action and Mandatory Arbitration
To the extent permissible by law, any claims, controversy, or dispute arising out of or related to these Terms, this Contest, or any products or services provided in connection with this Contest (“Dispute”) must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.
In the event of a Dispute between the parties or the breach thereof, the parties shall participate in at least one live or teleconferenced (e.g., using Zoom or a similar video conferencing software that allows the parties to communicate in real time) mediation session with an American Arbitration Association (“AAA”) neutral. The parties agree to participate in mediation in good faith and to share equally in the cost of such mediation.
Should a Dispute not be settled within seven days following a live mediation session, either party may commence a binding arbitration administered in New York, New York by the AAA under its Commercial Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The prevailing party shall be entitled to recover attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of AAA, however, nothing in this Agreement shall preclude the parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the parties agree to waive any claim of improper venue or forum non conveniens.
To the extent permitted by law, any Dispute must be filed within six months after the relevant claim arose; otherwise, the dispute is permanently barred.
Limitation of Liability
The Contest Companies will not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including without limitation, damages for lost data, lost profits, lost revenue, lost business, anticipated profits, costs of procurement of substitute goods or services, however caused and under any theory of liability, and regardless of whether the releasees were or should have been aware of or advised of the possibility of such damages. In addition, to the fullest extent possible by law, the releasees’ maximum aggregate liability arising out of or in connection with the contest, regardless of the number of claims or causes of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $500.
Waiver of Unknown Claims
Residents of California or states with similar law: if you are a resident of California, or of a state with a law substantially similar to section 1542 of the California civil code, then you expressly waive all rights and benefits afforded by California civil code section 1542 or your state’s substantially similar law, and you do so understanding and acknowledging the significance of such specific waiver thereof. Section 1542 of the civil code of the state of California states as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Thus, notwithstanding the provisions of section 1542 or your state’s substantially similar law, and for the purpose of implementing a full and complete release and discharge of releasees, you expressly acknowledge that the release granted by you by these rules is intended to include in its effect, without limitation and with respect to the entirety of the release herein, all claims not known or suspected by you and all facts in addition to or different from those which you currently know or believe to be true, and that this release contemplates the extinguishment of any such claims which you may have against any releasees. All provisions of these rules applicable to section 1542 will apply with full force and effect to your state’s substantially similar provision.
Governing Law
This Contest and these Official Rules will be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from or relating to this Contest, these Official Rules (including their construction, validity, and enforceability), the prizes being awarded, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Delaware.
Modification
The Contest Companies reserve the right to amend this Agreement from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notices of such changes or modifications.
Miscellaneous
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Contest Companies failure to enforce any term of the Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Official Rules and Conditions, Contest Companies have sole and absolute determination. By participating in the Contest, Entrant hereby agrees to waive any rights to claim ambiguity of the Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or communications, privacy policy or terms of use on the Platform, websites and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Contest Companies sole and absolute determination. Contest Companies will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. Contest Companies reserve the right to change, alter, or amend these Official Rules as necessary, in its sole determination, to ensure the fair administration of the Contest or to comply with applicable law. Any and all decisions of Contest Companies regarding the Contest are final.
Use of Trademarks
The use of a third-party trademark in connection with any prizes being awarded in this Contest is for the purposes of prize description only and such use is not intended to suggest or imply sponsorship, endorsement or the approval of this Contest.
Names of Winners
To obtain the names of the winners, send a self-addressed, stamped envelope to 1Kin Laboratories, Inc.111 NE 1st Street, 8th Floor #8380, Miami, FL 33132, United States
Attn: Legal Dept. Legal@1kin.io by 12/31/2024.