NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
THESE OFFICIAL RULES (THE “OFFICIAL RULES”) CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST KUIU TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KUIU ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. Eligibility: KUIU Trade Show Axis Hybrid Hooded Jacket (“Campaign”) is open only to those who sign up at kuiu.com/pages/kuiu-canada-gear-days-2022-giveaway in accordance with Section 4 and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of Canada and is void where prohibited by law. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Employees of KUIU, LLC (“KUIU”) its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, you agree to accept the decisions of KUIU as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on February 12th 12:00 AM Pacific Time and ending February 28th at 11:59 PM Pacific Time.
4. How to Enter: You may enter the Campaign once during the entry period starting at February 12th 12:00 AM Pacific Time and ending February 28th at 11:59PM Pacific Time (the “Campaign Entry Period”). To enter, visit February 28th at 6:01am Pacific Time and ending February 28th at 11:59pm Pacific Time (“Website”) during the Campaign Entry Period and follow all online instructions to complete and submit the Campaign entry form (referred herein as “Entry”). Each eligible Entry received during the Campaign Entry Period will be entered into the random drawing for the Campaign. One winner will be selected from the eligible entries received from each scheduled event in the KUIU Canada Gear Days. One entry per person. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of KUIU.
5. Prizes: The winner of each drawing (each, a “Winner”) will receive the following prize: Axis Hybrid Hooded Jacket. The total retail value of each prize awarded CAD $417. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by KUIU. No cash or other prize substitution shall be permitted except at KUIU’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of each Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. KUIU is responsible only for prize delivery; KUIU is not responsible for prize utility, quality or otherwise. Acceptance of prize constitutes permission for KUIU to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: The Winners will be selected by a random drawing under the supervision of KUIU. Winners will be notified by email within five (5) business days following selection of Winner. KUIU shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, fails to timely respond to requests for information from KUIU, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited (in KUIU’s sole discretion), and an alternate Winner selected. KUIU may request certain information, including date of birth or age, from the Winner in order to confirm eligibility, which the Winner must respond to in order to claim the prize. THE WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY KUIU TO FACILITATE THE DELIVERY OF THE PRIZE AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. Allow 4 weeks after claiming prize for receipt of prize. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT KUIU’s SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this Campaign, You hereby grant to KUIU, anyone acting on behalf of KUIU, and KUIU’s licensees, successors, and assigns, the right, to the extent permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your Entry, any content provided in such Entry (e.g., photo, video, text, etc.), your name and likeness (including any photos or statements about the Campaign that you provide to KUIU, and your state and city of residence for news, publicity, information, trade, advertising, public relations, and promotional purposes relating to the Campaign without any further compensation, notice, review, or consent.
9. Terms & Conditions: KUIU reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond KUIU’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, KUIU may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by KUIU. KUIU reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Official Rules. KUIU has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, KUIU reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, you agree to release and hold harmless KUIU and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and KUIU, whether arising out of or relating to these Official Rules, the Campaign, your participation in the Campaign, the prizes, acceptance, possession, use or misuse of the prizes (including any alleged breach thereof), any advertising, any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Campaign, you and KUIU are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief.. YOU AND KUIU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KUIU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. KUIU is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to KUIU should be sent to KUIU, LLC 1920 N Lincoln St. #101, Dixon, CA 95620 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If KUIU and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or KUIU may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by KUIU or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or KUIU is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless KUIU and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, KUIU agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, KUIU will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, KUIU will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, KUIU will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, KUIU will pay reasonable attorneys’ fees should you prevail. KUIU will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Governing Law. This Campaign is governed by the laws of the United States of America and California, without respect to conflict of law doctrines. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
g. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
h. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 11(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 11(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
13. Winners’ List: To obtain a copy of the Winner’s first name, last initial, city and state or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to (residents of Vermont and Washington need not include return postage): KUIU, ATTN: KUIU Trade Show Giveaway, 1920 N Lincoln St. #101, Dixon, CA 95620. Requests must be received no later than the date that is ninety (90) days following the end of the Campaign Entry Period.
14. Sponsor: The Sponsor of the Campaign is KUIU, LLC 1920 N Lincoln St. #101, Dixon, CA 95620.