KWIPPIt challenge

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER ON THE DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW.

 

1) CHALLENGE PERIOD: The Kwippit Challenge and Sweepstakes (the “Challenge” or the “Promotion”) starts August 1, 2019 at 12:01 AM Eastern Time (“ET”) and ends August 30, 2019 at 12:00 PM ET (the "Challenge Period").

 

2) ELIGIBILITY: TO BE ELIGIBLE TO WIN, YOU MUST BE A LEGAL RESIDENT OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA AND BE AT LEAST 13 YEARS OF AGE OR OLDER ON THE DATE OF ENTRY AND BE A REGISTERED USER OF KWIPPIT. The officers, directors and employees of Kwippo, Inc. (the “Sponsor”) its subsidiaries and affiliated organizations and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are eligible to participate in the Challenge. Officer, directors and employees of Marden-Kane Inc. (the “Administrator”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This Challenge is void where prohibited by law. Each participant (the “Participant” or “Challenge Participant”)), by participating in the Challenge, acknowledges and agrees to be bound by the Official Rules and by Sponsor’s decisions.  Void where prohibited or restricted by law. This Promotion is subject to all applicable federal, state, and local laws and regulations.

 

3)   HOW TO PARTICIPATE: Using your web-enabled mobile device, visit the Apple App store for your iOS device (The Challenge is not currently available for Android devices) and download and install the Kwippit application (the “App” or “Kwippit”) if you have not done so already. You can search for “Kwippit” in the Apple App store to locate the App. There is no charge to download the Kwippit App.

 

Once the App is installed, open it and at the bottom of the leaderboard tap the button titled “Learn More & Start Playing”. On the next page, tap the “Register to Play” button and follow instructions provided. Once your registration is successfully processed, you will be entered into the Challenge and deemed a Challenge Participant. All Participants will be awarded either one (1) point or five (5) points (the “Points”) for participating in the Challenge. Five (5) Points will be awarded for correctly identifying the name of the person who prompted you to register for the Challenge whereas one (1) Point will be awarded if a person’s name is not provided. You will also earn additional Points by recruiting other people to join the Challenge. You will earn one (1) Point for each person that credits you with their joining the Challenge. There is no limit on the amount of Points that can be earned via this method. Each Participant will also earn one (1) entry (the “Entry”) into the Sweepstakes drawing as further described below in Rule #6. Limit of one (1) Entry into the Sweepstakes per person for the entire promotion period.

 

To participate in the Challenge with a mobile device, you must have a service plan for your web-enabled mobile device with your wireless service provider and a device that supports the App. Message and data rates may apply. See your wireless service provider for pricing, plan details and capabilities.

 

The name of the person participating in the Challenge must be the authorized account holder of such email address utilized at time of registration, otherwise, participation in the Challenge may be deemed void. In the event of a dispute over the identity of any respective prize winner, all Challenge Points and Sweepstakes Entry earned will be declared made by the authorized account holder of the email address used at time of account setup. At Sponsor’s sole discretion, a respective prize winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address.

 

Any Participant information collected from the Challenge shall be used only in a manner consistent with these Official Rules and with the Sponsor’s Privacy Policy which can be found at https://kwippit.com/privacy.  Participants irrevocably grant to Sponsor, its affiliates, agents and licensees, the royalty-free right and permission to unconditionally and perpetually reproduce, store, transmit, publish, display, use or reuse your name and prize information, as well as any other information or materials arising out of your participation in the Challenge for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known, in any language, throughout the world, in perpetuity and in any manner without further review, notice, approval, consideration or compensation of Participants. Unless prohibited by law, Participants waive any rights of privacy, rights of publicity, intellectual property rights, and other rights that may preclude Sponsor from using or disclosing all or any part of your Entry in any manner and for any purpose. By participating, Participants further release Sponsor from any future claims arising out of any use or disclosure of Participants participation consistent with these Official Rules. By participating, Participants acknowledge and agree that Participants will not now or in the future be paid or compensated in any way for participation or for granting the Sponsor any of the rights set out in these Official Rules, whether chosen as a Winner or not. Participants further agree that Sponsor is not obligated to make use of any of the rights granted in these Official Rules.

 

4) LEADERBOARD: The Challenge leaderboard will feature those Participants with the greatest amount of points earned during the Challenge Period. Each Participant’s rank (e.g., first position, second position, etc.) will be determined by (i) total score and (ii) chronological order. Challenge information will be updated on a regular basis as solely determined by the Sponsor.  While it is believed that the contents of this leaderboard are accurate and reliable, accuracy and completeness of information contained herein is not guaranteed. In addition, Sponsor shall not be liable for any delay in keeping information contained on the leaderboard current.

 

5) CHALLENGE WINNERS: The top five (5) Challenge Participants (as described above) at the close of the Challenge Period will be deemed Challenge Prize Winners, subject to verification and confirmation of eligibility. All decisions of the Administrator and Sponsor are final and binding.

 

6) SWEEPSTAKES DRAWING AND ODDS OF WINNING: The Sweepstakes random drawing will be held by the Sponsor or its designee on or about August 30, 2019 from all eligible entries received during the Challenge Period. All decisions of the Sponsor are final and binding. Odds of winning depend upon the number of eligible entries received.

 

7) PRIZES: Challenge and Sweepstakes prizes are as follows:

 

Challenge:

One (1) First Place Award: $500 Amazon.com eGift Card. Retail Value (the “RV”) of $500. One (1) Second Place Award: $250 Amazon.com eGift Card. RV of $250. One (1) Third Place Award: $125 Amazon.com eGift Card. RV of $125. One (1) Fourth Place Award: $75 Amazon.com eGift Card. RV of $75. One (1) Fifth Place Award: $50 Amazon.com eGift Card. RV of $50. Total RV of all Challenge prizes to be  awarded is $1,000.

 

Sweepstakes:

One (1) Grand Prize: $1,000 Prize Check. RV of $1,000.

 

Total Value of Challenge and Sweepstakes prizes offered: $2,000.

 

8) WINNER NOTIFICATION: Each potential Challenge Prize Winner will be notified by the Sponsor within five (5) business days after the close of the Challenge via text message and/or email utilized at time of registering for the Challenge with instructions on how to receive your prize.

 

The potential Sweepstakes Grand Prize Winner will be notified by the Sponsor immediately after the prize drawing via text message and/or email utilized at time of registering for the Challenge with instructions on how to receive your prize. The potential Sweepstakes Grand Prize Winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to complete, sign, and return [1] an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Affidavit”) and [2] an IRS Form W-9 to include his/her social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service, as required. Completed documents must be returned to the Administrator by the date stated in the notification email/letter or the prize will be forfeited and awarded to an alternate potential Grand Prize Winner.  If the potential Grand Prize Winner (i) cannot be contacted after a reasonable attempt has been made by Administrator (as determined in Sponsor’s sole discretion); or (ii) fails to timely return the required paperwork without alteration and in the form presented by Administrator; or (iii) refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such potential Grand Prize Winner will be disqualified and forfeits all rights to be deemed a winner in the Sweepstakes and receive the prize, and an alternate potential Grand Prize Winner will be notified, time permitting. Upon prize forfeiture, no compensation will be given.

 

Your wireless service provider may charge you for each text message sent or received, including those in connection with the Challenge. Please consult your wireless service provider’s pricing plan for details. Message and data rates may apply.

 

9) GENERAL: eGift Cards are subject to terms and conditions specified by the issuer. Except as determined by the Sponsor in its sole discretion, no substitution of prize shall be offered and no transfer of prize to a third party is permitted. All federal, state, and other tax liabilities arising from this Challenge are the sole responsibility of prize winners. All prizes will be fulfilled within 2 to 3 weeks of notification and verification.

 

10) CONDUCT: By entering into this Challenge, Participants agree to be bound by these Official Rules and the decisions of the Administrator and the Sponsor, which shall be final and binding in all respects and waive any right to claim ambiguity in the Challenge or these Official Rules. These Official Rules are accessible from www.kwippit.com/kwippit-challenge-official-rules/ throughout the Challenge Period. Failure to comply with these Official Rules may result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual: (a) suspected of tampering with the entry process or the operation of the Challenge; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

11) LIMITATIONS OF LIABILITY: The Sponsor and the Administrator assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Challenge; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Challenge; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Challenge or to download any materials from the Challenge. If, for any reason, the Challenge is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Challenge, then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Challenge in whole or in part, without further liability to the Participants or third parties. In the event the Challenge is cancelled, Sponsor reserves the right to (i) award the Challenge prizes to those Participants with the highest number of valid points at the time of cancellation and/or (ii) conduct a random drawing (comprised of only those eligible Participants prior to the time of the action or event warranting such cancellation) to award all prizes. With regard to this Challenge, the Sponsor and/or Administrator will contact those Participants deemed as potential winners for purposes of clearance and awarding of any prize.   The Official Rules prevail should there be any conflict or uncertainty relating to the promotion based on information or advice provided by any of the Released Entities (as defined below).

 

12) WINNER RELEASES: All Participants, as a condition of entry into the Challenge, agree to release Sponsor, its directors, officers, employees, subsidiaries and affiliated companies, suppliers, printers, application developers, advertisers, promotion agencies (collectively the “Released Entities”) from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) accessing the Challenge; (b) participating in any aspect of the Challenge; (c) the acceptance, receipt, ownership, use or misuse of any prize awarded; or (d) any typographical or other error in these Official Rules or the announcement of the offering of any prize.

 

13) DISPUTES: The Challenge is governed by the laws of the United States. All federal, state and local laws and regulations apply. The construction, validity and interpretation of the Promotion shall be governed by the laws of Colorado, without giving effect to any choice of law or conflict of law rules. All disputes, claims and causes of action arising out of or related to the Challenge shall be resolved in the applicable court within Colorado.

 

14) WINNERS LIST: To receive a copy of the Winners List, available after August 30, 2019, send an email with subject line: "Kwippit August Challenge" Winner’s List to winnerslist@mardenkane.com. All such requests must be received by September 30, 2019. The winners list will only be available after the all Winners have been verified.

 

15) SPONSOR/ADMINISTRATOR: Sponsor: Kwippo, Inc., 1166 Santa Fe Drive, Denver CO 80204. Administrator: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791.

Apple Inc. and Amazon.com are neither participants nor Sponsors of this promotion.

Amazon, Kindle, Echo, Alexa, Dash, Fire, and all related logos are trademarks of Amazon.com, Inc. or its affiliates.

 Copyright 2019 Marden-Kane Inc.  All rights reserved.  Participants are hereby authorized to copy these Official Rules on the condition that it will be for the Participant’s personal use only.