KIWI COLLECTION GUESS AND GO SWEEPSTAKES RULES
KIWI COLLECTION HOTEL GIVEAWAY SWEEPSTAKES (THE "SWEEPSTAKES") IS OPEN TO INDIVIDUALS ARE WHO ARE LEGAL RESIDENTS WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR COUNTRY AT THE DATE OF ENTRY, BUT VOID IN COUNTRIES WHERE PROHIBITED. THE SWEEPSTAKES IS OPEN TO INDIVIDUALS WHO ARE LEGAL RESIDENTS IN THE UNITED STATES (OTHER THAN FLORIDA, RHODE ISLAND AND NEW YORK), AND CANADA (OTHER THAN QUEBEC) AND HAVE REACHED THE AGE OF MAJORITY IN THEIR PROVINCE OR STATE, OF RESIDENCE AT THE DATE OF ENTRY. IN ADDITION, THE SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF COUNTRIES OUTSIDE OF THE UNITED STATES AND CANADA WHERE LEGAL, AND TO INDIVIDUALS WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR COUNTRY AT THE DATE OF ENTRY, BUT VOID IN COUNTRIES WHERE PROHIBITED. INDIVIDUALS FROM COUNTRIES WHERE LAWS PROHIBIT INDIVIDUALS FROM ENTERING SUCH SWEEPSTAKESS CANNOT PARTICIPATE. NO PURCHASE IS NECESSARY. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE SWEEPSTAKES RULES (THE "SWEEPSTAKES RULES"). THESE SWEEPSTAKES RULES EXEMPT KIWI COLLECTION INC. AND OTHER PERSONS FROM LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS. IF YOU DO NOT AGREE WITH EACH AND EVERY PROVISION OF THESE RULES, YOU MAY NOT PARTICIPATE IN THE SWEEPSTAKES.
1. THE SWEEPSTAKES
The Sweepstakes is a series of 8 separate weekly Sweepstakess (each a "Weekly Sweepstakes") offered by Kiwi Collection Inc. beginning at 12:01 a.m. (Pacific Time) on June 6, 2011 and closing at 11:59 p.m. (Pacific Time) on July 31, 2011 (the "Sweepstakes Period"). During the Sweepstakes Period, a new Weekly Sweepstakes will begin at 12:01 a.m. (Pacific Time) on each Monday and close at 11:59 p.m. (Pacific Time) on the following Sunday (the "Weekly Sweepstakes Closing Time").
(a) To be eligible for this Sweepstakes, you must:
a. be a legal resident of the either the United States (excluding Florida, Rhode Island and New York residents), or Canada (excluding Quebec residents). In addition, the sweepstakes is open to legal residents of countries outside of the United Stats and Canada where legal, but void in countries where prohibited. Individuals from countries where laws prohibit individuals from entereing sweeptakes cannot participate; and
b. be at least the age of majority in your province or state of residence as of the date of entry.
(b) Directors, officers, or employees of Kiwi Collection Inc. (the "Sponsor"), its affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Sweepstakes. For the purpose of these Sweepstakes Rules, "immediate family" means spouse, mother, father, brother, sister, son and daughter, whether or not they reside in the same household.
(c) The Sponsor shall have the right at any time to require proof of identity and eligibility to participate in the Sweepstakes. Failure to promptly provide such proof may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of this Sweepstakes must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right in their sole discretion, to disqualify any entrant, should an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal and other information.
3. HOW TO ENTER
(a) There is no purchase or payment necessary to participate in the Sweepstakes.
(b) To participate in the Sweepstakes, you must complete and submit the online entry form located at www.kiwicollection.com/win (the "Sweepstakes Website") by no later than the Weekly Sweepstakes Closing Time. Each entry must include all mandatory fields. If you do not have Internet access, local libraries may be able to provide access to the Internet and a number of companies offer free email accounts.
(c) Limit of one (1) entry per person per day. Persons making multiple entries in one day may be disqualified.
(d) All entries become the sole property of the Sponsor, and will not be acknowledged or returned for any reason.
(e) Entries will be declared invalid if they are late, illegible, incomplete, corrupted, irregular, fraudulent, or mechanically or electronically reproduced.
(f) No communication or correspondence will be exchanged with any person at any time other than the selected entrants.
(g) Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of these Sweepstakes Rules, "authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Selected entrants may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the selected entry.
4. PRIZES AND DRAW
(a) There are a total of 8 prizes available to be won. There is one (1) prize available to be won for each Weekly Sweepstakes (a "Weekly Prize").
(b) The Weekly Prize consists of a stay of a maxium of five days in a standard room at the featured hotel of the week.
(c) The approximate retail value of the Hotel Stay will vary depending on the the hotel and selected travel dates.
(d) On each of the draw dates listed below at the offices of Kiwi Collection Inc. in Vancouver, British Columbia at approximately 2:00pm (Pacific Time), one (1) potential Weekly Prize winner will be selected by a random draw from all eligible entries received as of Weekly Sweepstakes Closing Time. If your entry is not selected as a potential Weekly Prize winner, you must enter again for the next Weekly Prize until the end of the sweepstakes period.
Week # Weekly Sweepstakes Closing Time (11:59pm) Weekly Prize Draw Date Weekly Prize Details of 5 nights stay (
1 Sunday, June 12, 2011 Monday, June 13, 2011 Announced after sweepstakess end
2 Sunday, June 19, 2011 Monday, June 20, 2011 Announced after sweepstakess end
3 Sunday, June 26, 2011 Monday, July 27 2011 Announced after sweepstakess end
4 Sunday, July 3, 2011 Monday, July 4, 2011 Announced after sweepstakess end
5 Sunday, July 10, 2011 Monday, July 11, 2011 Announced after sweepstakess end
6 Sunday, July 17, 2011 Monday, July 18, 2011 Announced after sweepstakess end
7 Sunday, July 24, 2011 Monday, July 25, 2011 Announced after sweepstakess end
8 Sunday, July 31, 2011 Monday, August 1, 2011 Announced after sweepstakess end
(e) A Hotel Stay is subject to availability and blackout dates. The Sponsor is not responsible for accommodation not being available at the dates requested by the winner. Any changes made to the Hotel Stay after booking will be at the sole expense and responsibility of the Weekly Prize winner. The Sponsor will arrange the Hotel Stay reservation after receipt of a signed Release by the Weekly Prize winner.
(f) The Weekly Prize winners are not entitled to the monetary value of the prize.
(g) The Weekly Prize winners are solely responsible for any other fees, charges or benefits, including flights, taxes, ground transportation costs, travel documents, insurance, meals, and other travel and hotel charges (including mini-bar, movies, telephone calls, internet costs, gratuities) and expenses not specifically mentioned as part of the Weekly Prize.
(h) All prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. The Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if any prize (or portion thereof) cannot be awarded for any reason, and will do so within thirty (30) days of the date on which the Weekly Prize winner submits dates of stay. In the event that the Weekly Prize is no longer a part of Kiwi Collection, another hotel will be selected in the same area at the discretion of Kiwi Collection.
(i) The booking instructions and information for the Weekly Prize will be delivered to the Weekly Prize winner at the email address provided in his or her entry form within fifteen (15) business days after the selected entrant fully complies with section 5(e).
(j) The Hotel Stay must be redeemed within one (1) year of the day the booking instructions and information for the Weekly Prize is sent to Weekly Prize winner by the Sponsor in accordance with section 4(i) above. If the Weekly Prize winner is unable to complete the Hotel Stay for any reason, including visa restriction, the Weekly Prize Winner shall forfeit any and all rights to the Hotel Stay.
(k) The Weekly Prize winner is responsible for providing a valid credit card for the purpose of a damage deposit pre-authorization at the time of check-in. The hotel will run a preauthorized payment for the value of the 5-night stay as a damage deposit. No charge will be put through unless actual damages occur.
5. HOW TO WIN
(a) Each entrant shall be eligible to win only one (1) prize.
(b) The odds of winning depend on the number of eligible entries received.
(c) Selected entrants will be notified by e-mail at the e-mail address provided in their entry forms no later than forty-eight (48) hours following each random draw.
(d) If a prize notification email is returned as undeliverable, or a selected entrant does not respond in accordance with these Sweepstakes Rules, or otherwise fails to comply with these Sweepstakes Rules, then in the Sponsor's sole discretion, the prize may be forfeited without any liability to the selected entrant or any other person, and another entrant may be selected by random draw in accordance with these Sweepstakes Rules.
(e) To win a Weekly Prize, the selected entrant must:
(i) comply with these Sweepstakes Rules;
(ii) upon notification, respond within five (5) business days by telephone to the contact number provided in the notification message and correctly answer, unaided by any other person, a time-limited, mathematical, skill-testing question administered by the Sponsor. If selected entrant is unsuccessful at contacting by telephone within five (5) business days, the prize may be forfeited.
(iii) within five (5) business days after the selected entrant answers the skill-testing question correctly, the selected entrant must execute a release (the "Release") that confirms the selected entrant's: (i) eligibility for the Sweepstakes and compliance with these Sweepstakes Rules; (ii) acceptance of the prize as offered; (iii) release of and agreement to indemnify, save and hold harmless the Sponsor and its affiliates, employees, directors, officers, suppliers, and agents (collectively, the "Releasees") from any and all losses, claims, actions, proceedings, liabilities, damages, costs or expenses (including reasonable legal fees and expenses) and obligations of any nature and kind whatsoever and howsoever arising, whether known or unknown, whether now or hereinafter exists, which the selected entrant or any other person may suffer or incur arising out of, related to, or connected with the Sweepstakes and the prize including personal injury, death or property damage; and (iv) consent to the Sponsor' public announcement of the selected entrant's name as the prize winner and the use of the selected entrant's name and address (city), photograph, likeness, voice and biography, in any and all media now known or hereafter devised, without further compensation, and in connection with the Sweepstakes and the promotion and exploitation thereof.
(f) The names of the Weekly Prize Winners will be posted on the Sweepstakes Website. The names of all Weekly Prize winners may be obtained by sending a self-addressed stamped envelope to Kiwi Collections Inc. at 1650 West 1st Avenue, Vancouver, British Columbia, V6J 1G1 within thirty (30) days after August 1, 2011.
6. LIMITATION OF LIABILITY
To the extent permitted by law, the Sponsor is not responsible or liable, jointly or severally, for any of the following:
(a) lost, late, misdirected, invalid or incomplete entries, notifications, responses, replies or Releases;
(b) failure for any reason whatsoever of a selected entrant to receive a prize notification email or for the Sponsor to receive a selected entrant's response;
(c) computer, online, telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry;
(d) incorrect or inaccurate information (including entrants' telephone numbers or e-mail addresses), whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the administration of the Sweepstakes;
(e) error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or
(f) damage or loss, including any loss of use, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any theory of law or equity, arising from, connected with, or relating to the Sweepstakes, or the submission of entries to the Sweepstakes, or participation in the Sweepstakes, or the prizes, or the use of the Sweepstakes Website, or the use or misuse of entrants' Personal Information, and regardless of cause or any negligence by the Sponsor or any person or entity for whom any of them are responsible, and notwithstanding that any of those entities or person may have been advised of the possibility of such loss or damage being incurred.
(a) By participating in the Sweepstakes, you acknowledge and signify that you have read, understood and agreed to be bound by these Sweepstakes Rules, which is posted at the Sweepstakes Website and made available at Kiwi Collection Inc. [*] throughout the Sweepstakes Period.
(b) You further agree to be bound by the decisions of the Sponsor, which shall be final and binding in all respects and on all entrants.
(c) The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Sweepstakes Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Sweepstakes Website; (c) violating the terms of service, conditions or use and/or general rules or guidelines of any Sponsor property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
(d) CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
8. PRIVACY / USE OF PERSONAL INFORMATION
Sponsor reserves the right, in its sole discretion, to withdraw, cancel, modify, amend, suspend or terminate the Sweepstakes (including these Sweepstakes Rules), in whole or in part, in any way, at any time, for any reason (including reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Sweepstakes Website), without prior notice or any liability to any person. Any changes to the Sweepstakes including to the Sweepstakes Rules will be published on the Sweepstakes Website.
10. LAW AND DISPUTES
(a) All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Rules or the rights and obligations as between you and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the province of British Columbia including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.
(b) Any dispute between any person and any of the Sponsor arising from, connected with or relating to the Sweepstakes, the prizes, the Sweepstakes Website, the use or misuse of entrants' Personal Information, or any related matters (collectively, the "Disputes") must be resolved before the courts of British Columbia sitting in the City of Vancouver. Entrants hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia within one (1) year after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
11. ACCEPTANCE OF SWEEPSTAKES RULES
(a) These are the official Sweepstakes Rules.
(b) If any provision of these Sweepstakes Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
(c) This Sweepstakes is subject to applicable federal, provincial and municipal laws and regulations, and is void where prohibited by law.
(d) These Sweepstakes Rules are subject to change as they relate to future Weekly Sweepstakess from time to time, for any reason, and without any prior notice or liability to you or any other person.
(e) Participation in the Sweepstakes constitutes irrevocable acceptance and agreement to all of these Sweepstakes Rules.