Note: You may enter even if you have already registered for the event and booked your room! If you win, we will apply the discount to your current KC 2024 invoice.
Enter in 3 easy steps!
1. Make a social media post
2. RSVP on the FetLife event page
3. Sign-up for the drawing below
STEP 1: Make a post!
FetLife - www.fetlife.com: Share a photo or a status update that mentions Kinky Caribbean in the status or caption, tag @concations and paste the event link in the caption: https://fetlife.com/events/1326207
Instagram: Share a photo or story about Kinky Caribbean and tag @concations. Feel free to repost a photo or story about the event from @Concations .
X fka Twitter: Share a tweet/post or photo about Kinky Caribbean and tag @concations_kink. Feel free to repost a photo or tweet about the event from @Concations_Kink .
STEP 2: RSVP!
You must post AND RSVP to maintain a qualifying entry!
Post and RSVP must remain active until the prize drawing (on or about January 21)
Step 3: Sign up for the Drawing!
KINKY CARIBBEAN 2024 WIN $500 SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. MUST BE 18 AND A LEGAL RESIDENT OF A UNITED STATES STATE OR TERRITORY TO ENTER. THE ABILITY TO TRAVEL MAY BER REQUIRED TO ACCEPT PRIZE. TRAVEL DATES ARE LIMITED. WINNER MAY BE LIABLE FOR ADDITIONAL TRAVEL RELATED EXPENSES AND TAXES.
BY ENTERING INTO OR PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY, IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT ENTER THE SWEEPSTAKES.
1.Sponsorship. The KINKY CARIBBEAN 2024 WIN $500 SWEEPSTAKES (the “Sweepstakes”) is sponsored by Puddle Hopper LLC DBA Concations DBA Kinky Caribbean ("Concations" or “Sponsor”) with a principal address of PO Box 163612 Columbus, OH 43216 (“Sponsor’s Location”). The Sweepstakes is governed by these Official Rules. By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Sponsor (including Sponsor’s interpretation and application of these Official Rules), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
2.Eligibility. The Sweepstakes is open to a person that (a) at the time of entry, are the older of the age of majority in their applicable state, province or territory, or eighteen (18) years of age, whichever is older, (b) is a resident of the United States, and (submits a full and complete Entry. As applicable, officers and employees of the Sponsor, its affiliates, licensees, advertising and promotional agencies and the immediate family members of each are not eligible. An “immediate family member” is defined to mean spouse, parent, grandparent, child or sibling. In-laws are not considered to be immediate family members. Entries submitted by or on behalf of entrants who do not meet the eligibility requirements are void. Sponsor may decline and void any entry if it deems, at its sole discretion that the business representative does not fit the persona (HR or Finance Leader) or otherwise does not meet the eligibility requirements for any reason, all such determinations are final.
(a)Sweepstakes Procedure. During the Entry Period (as herein defined), Participants may enter by 1) making a social media post and RSVP per the Social Media Procedure below, and registering for the Sweepstakes by providing their FetLife/social media/scene name as well as their (a) legal first name; (b) legal last name; (c) social media account name or handle for either FetLife, Twitter, or Instagram, (d) valid mobile number; (e) valid email address; and (f) date of birth, (collectively, the “Required Information”) via the online form by visiting www.kinkycaribbean.com/winl to register OR 2) by mailing a 3x5’ postcard with the Required Information to Kinky Caribbean Win 500 2024 to 269 S. 17th St. Columbus OH 43205. Each eligible person that submits their valid and truthful Required Information via postcard to enroll in the KINKY CARIBBEAN 2024 WIN $500 SWEEPSTAKES during the Entry Period is automatically enrolled in the Sweepstakes and is referred to herein as a “Participant”. Each eligible person that completes the Social Media Procedure submits their valid and truthful Required Information via online registration to enroll in the KINKY CARIBBEAN 2024 WIN $500 SWEEPSTAKES during the Entry Period and schedules will be automatically enrolled in the Sweepstakes and is referred to herein as a “Participant”. Completion of the FTA shall include meaningful participation at an FTA with a Sponsor representative Social Media Procedure eligibility purposes shall be determined at Sponsor’s sole and absolute discretion, and all such determinations are final. Only one entry per person is permitted. Use of any automated system to participate is prohibited and will result in disqualification. Entries that are incomplete, illegible, misspelled, damaged, destroyed, late, misdirected, deceptive, false, contains fake or incorrect information, or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes, at the Sponsor’s sole and absolute discretion. Attempts made by the same individual to submit multiple entries by using multiple emails, addresses, accounts or other means may be disqualified. Entries generated by any automated means are void and may be disqualified.
(b)Social Media Procedure: To enter and become a Participant, the potential Participant must make a social media post about Kinky Caribbean (the “Event”) or mentioning the Event and RSVP on the FetLife Event page as follows:
(i)Social media Platforms:
(1)FetLife - www.fetlife.com: Share a photo or a status update that mentions Kinky Caribbean in the status or caption, tag @concations and paste the event link in the caption: https://fetlife.com/events/1326207
(2)Instagram: Share a photo or story about Kinky Caribbean (feel free to repost a photo or story about the event from @Concations) and tag @concations.
(3)X fka Twitter: Share a tweet/post or photo about Kinky Caribbean (feel free to repost a photo or tweet about the event from @Concations_Kink) and tag @concations_kink.
(ii)RSVP on FetLife: Go to the Fetlife event page and select either "I'm Going" or "Maybe Going" at https://fetlife.com/events/1326207
Post and RSVP must remain active until the prize drawing (on or about January 21)
(c)The Sweepstakes will begin on November 9, 2023 and end on January 15, 2024, unless earlier terminated, canceled, shortened, or extended by Sponsor (the “Entry Period”). Sponsor may elect to close the Entry Period at any time, for any reason, including if Sponsor determines that there is a shortage of rooms available at the venue during the event dates, in which case the drawing date may also be moved to an earlier date.
(d)SPONSOR RESERVES THE RIGHT TO DISQUALIFY FROM THE SWEEPSTAKES ANY ENTRY WHICH DOES NOT MEET THE ELIGIBIILTY REQUIRMETNS, DOES NOT COMPLETE THE SOCIAL MEDIA PROCEDURE, DOES NOT COMPLY WITH THESE RULES, IS ILLEGAL, OR FOR ANY OTHER REASON, AS SPONSOR DEEMS FIT, AT SPONSOR’S SOLE AND ABSOLUTE DISCRETION.
4.NO PURCHASE IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. FURTHER, A PURCHASE WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING A PRIZE IN THE SWEEPSTAKES.
5.Drawing. The potential Prize winner will be selected by random drawing. There will be ONE (1) Participant names drawn to determine the potential winner (the “Winner”). Sponsor may at its discretion select additional back up entries that may become the Winner should the initial Winner fail to qualify or claim the prize. The random drawing will be conducted by Sponsor or a representative of Sponsor, or by a third party administrator at Sponsor’s direction, from all eligible entries received during the Entry Period (the “Drawing”). The potential winners will be selected on or about Jan 21, 2023 (the “Drawing Date”). Drawing date may be moved at Sponsor's discretion. Drawing date may be moved to an earlier date if the resort is low on rooms. If the drawing date is moved to an earlier date, the Entry Period will automatically be shortened and end prior to the Drawing.
6.Announcement of Winner. The potential winner will be notified by the Sponsor within forty-eight (48) hours following the Drawing Date via the email address submitted at the time of entry (the “Announcement Email”).
To claim a prize and become a Winner (“Winner” or “Winning Participant”), the potential winner must verify eligibility by completing of an affidavit of eligibility, a prize acceptance and publicity release, and required tax forms and returning the same to the Sponsor within five (5) days of the date of the Announcement Email, or as otherwise directed in the Announcement Email. If the potential winner does not respond to the Sponsor’s Announcement Email within five (5) days of the date the Announcement Email is sent, or if the notification is rejected, faulty, unclaimed or returned undeliverable (for any reason whatsoever) to such potential winner, the potential winner will be deemed to have forfeited the Prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining eligible entries, or terminate the Sweepstakes. Sponsor at its sole discretion may determine if a Winner has qualified by properly entering and may elect to waive some elements of a qualifying entry at its discretion.
7.Prizes, Prize Values, Odds of Winning and Collecting Prizes.
(a)By entering this promotion, Participant is eligible to win one Prize consisting of a voucher code worth $500 off a double or triple room booking or $250 off a single room booking for Kinky Caribbean 2024 organized by Sponsor, subject to availability (referred to herein as the “Prize”). The booking must be include a minimum of five nights during the event June 1 and June 8, 2024. The approximate total retail value of the Prize is $500, but may vary depending the booking type selected by the Winner. All preceding values are in United States Dollars. User must meet all of the eligibility requirements including required social media postings per the Social Media Procedure, age, and residency and must register for the event through www.kinkycaribbean.com before February 1, 2024 to use and receive any Prize. Must be 18 years old to enter and win. Cannot be redeemed for cash - No cash value. Void where prohibited. Registration for the Event must be paid in full by February 15, 2024 or the Prize may be forfeited at Sponsor’s discretion. Sponsor at its sole discretion may void any Prize won or held by any Winner that is banned from the Event or becomes banned by Sponsor or the Event’s Venue management. Prize may not be used with any other discount and may not be combined with other discounts, promo codes, or vouchers and the total discount on any booking may not exceed $500 per double or triple room or $250 per single room. Prize and sweepstakes may be recalled and voided at any time for any reason at Sponsor’s sole discretion. Registration and event terms apply (see more a twww.kinkycaribbean.com). Any depiction of a Prize in any advertising or promotional materials may not reflect the actual prize to be delivered to the winner. The Prize may not be transferred and must be accepted as awarded. Prize can only be used for the June 1-8, 2024 Event. A Winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute the Prize with another prize of equal of greater value if the Prize is not available for any reason, as determined by Sponsor in its sole discretion. Room and booking availability at the Event and the Resort during the Event is subject to availability which may be out of Sponsor’s control. It is the Participant’s responsibility to read and understand all information, Sweepstakes rules, event rules, and venue and resort rules, related to this Sweepstakes, the Event, and the Prize concerning use, risks, and travel and booking terms. To the maximum extent permitted by law, the Prize is provided on an “AS IS” basis, without any warranty of any kind, except for any standard warranties that are transferable to Participant. The Prize is non-transferable and may only be used by the Winner. Prize may be subject to other rules or restrictions including without limitation rules or restrictions, or limitations mandated or required by the Event, the Event’s venue, Hedonism II resort, the Sponsor’s travel agent, Tom’s Trips, and any applicable laws or ordinances.
(b)All costs and expenses associated with a Winning Participant’s acceptance, collection and use of a Prize not specified herein as being provided as part of the Prize are the sole responsibility of the Winning Participant. Winners are responsible for all necessary transportation to and from the Event as well as any additional booking fees, event fees, passport fees, ground transportation, resort fees, and any other costs in connection with any Prizes or related travel, and Winners assume all liability regarding any such travel. The Winner must take delivery of the Prize from the Sponsor or person or entity designated by Sponsor, and Sponsor will not be responsible for delays in delivery of the Prize, and delivery is subject to availability. Sponsor, however, will use all reasonable efforts, subject to availability, to deliver the Prize within fourteen days (14) after completion of the verification process. For purposes of clarity, Participant will be responsible for collecting the Prize at the location designated by Sponsor, in the United States, and all airfare, visas, meals, and other travel costs in connection with receipt and collection of the Prize are NOT included in the Prize, and are the sole responsibility of Participant; however, notwithstanding the foregoing, Sponsor may, at Winner’s requests, mail and/or digitally deliver the Prize to the Winner at Winner’s sole risk of loss. Winner will bear all risk of loss or damage to the Prize after it has been mailed, transmitted, sent, or delivered to the Winner. Unless otherwise agreed, Winner must personally retrieve the Prize within thirty (30) days of written notification of availability. In addition, Winning Participant is solely responsible for all other costs incurred in claiming and using the Prize including, without limitation, taxes (including but not limited to sales tax, income tax, use tax, etc.), duties, transportation, and other transaction fees, and all other fees and costs not specified herein as being awarded.
(c)A Winning Participant is solely responsible for reporting and paying all applicable federal, state, provincial, and local taxes related to the Prize. No responsibility or liability is assumed by Sponsor for any obligations, damages, losses or injury resulting from acceptance or use of the Prize or any substitute therefore. Following the Winner claiming the Prize, the failure to utilize the Prize does not relieve the Winner of tax obligations associated with receiving the Prize. For the Prize, the United States of America Internal Revenue Service (IRS) requires Form 1099-MISC for U.S. residents for each winner who receives a Prize if the amount or value of the Prize is $600 or more. Sponsor will send the Winner a W9, which must be completed and returned to Sponsor for the Winner to receive the Prize. A copy of the Form 1099-MISC by Sponsor will be sent to the Winner. The Form 1099-MISC will be issued for the fair market value of the Prize, which may be different at the time of acceptance as otherwise stated herein. Any Winner who fails to promptly (i.e., within ten (10) business days) provide information sufficient to complete Form 1099-MISC, including, without limitation, their social security number, shall forfeit any and all rights to the Prize and Sponsor shall have the right to select an alternate winner to receive the Prize.
(d)The odds of winning are dependent entirely on the number of entries received during the applicable Entry Period for the Drawing.
(e)Winner will be required to verify eligibility and to provide evidence of a valid driver’s license or other form of identification deemed acceptably at Sponsor’s sole discretion within ten (10) days of notification of winning; and if he/she does not produce proof of same, an alternative winner will be selected and the original Winner’s rights to the Prize will be automatically forfeited.
8.Release & Indemnity. To the fullest extent permitted by law, Participant and each of the Winners forever release, discharge, and covenant not to sue Sponsor and its affiliates, as well as all sweepstakes partners and sponsors, and each of their respective owners, employees, agents, directors, officers, shareholders, contractors, successors and assigns (collectively “Released Parties”) for, from and against, any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions, causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, arising out of or in any way related to the Sweepstakes, these Official Rules, the negligence of any of the Released Parties, entry into the Sweepstakes and the acceptance, possession, misuse or use of any Prize (including, without limitation, any property loss, personal injury, or death, in connection with use or possession of the Prize). By participating in the Sweepstakes, each Participant also agrees to indemnify, defend, release, discharge and hold harmless Released Parties from any and all Claims of any kind whatsoever for injuries, death, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, possession, use or misuse of any Prize by Participant and Participant’s guests and invitees, including without limitation, claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal, state or provincial laws arising from participation and any exploitation of any or all of the rights granted to Sponsor. In addition, each Participant acknowledges and agrees that the Released Parties are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible or misdirected entries; (ii) any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or discontinued; (iii) any failure to receive or process entries due to any cause, including without limitation, human, transmission or technical problems, failures, or malfunctions of any kind, howsoever originating, that may limit an participant’s ability to participate in the Sweepstakes including any interruptions to any network, server, Internet, website, telephone, satellite, mail, computer or other connections; (iv) garbled, misdirected or jumbled transitions, or traffic congestion; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from entry into or participation in the promotion (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy, or the participant’s claim that they have somehow been defamed or portrayed in a false light); (vi) any printing or typographical errors in any materials associated with the promotion, (vii) human error and other errors; or (viii) late, lost, delayed, or damaged delivery of the prize.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL A WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTICIPANT AND WINNER HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE SWEEPSTAKES, THESE OFFICIAL RULES, PARTICIPANT’S ENTRY, THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO EACH PARTICIPANT.
PARTICIPANTS UNDERSTAND THAT EACH PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES 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.”
10.Entry License And Publicity Release. By participating in the Sweepstakes, Participant grants each of SPONSOR and each of its shareholders, licensees, affiliates, and contest partners and sponsors, (“Authorized Parties”) an irrevocable, perpetual, worldwide non-exclusive, royalty-free license to use, including without limitation to display, edit, modify reproduce, distribute, broadcast, publish, perform and create derivative works (as applicable) of (i) Participant’s entry and entry details (including the Required Information) or any part thereof (the “Entry”); and (ii) Participant’s name, user name, image, voice and/or any other likeness; (collectively the “Participant Materials”), also as it may appear in the SPONSOR Created Materials (as defined below), each and all for: (A) promotional purposes, (B) any other purposes related to this Sweepstakes; on any online channel and on any public relations channels online or otherwise, whether controlled by SPONSOR or by third parties (including, without limitation, any social channel) and without the need for any advance approval or consent from Participant. The foregoing license is only in addition to and shall not derogate from any other license you grant Sponsor with respect to Participant’s Entry.
(a)Winners of the Sweepstakes may be filmed, recorded, interviewed and/or photographed by any of the Authorized Parties in connection with the receipt and use of the Prizes (“SPONSOR Created Materials”). For the avoidance of doubt, all rights, title and interests, including copyrights and other intellectual property rights, throughout the world, in and to the SPONSOR Created Materials in all formats, are and shall be exclusively owned by Sponsor. For the avoidance of doubt, none of the Authorized Parties shall be under any obligation to promote or publish Participant’s Entry and/or win on any specific online channels or on specific timelines and durations, all of which shall remain at Sponsor’s full discretion. Any display or publication of any Entry on an Authorized Party’s website or on any other channels and/or any other usage as aforesaid, does not indicate in any way that the Participant will be selected as a Winner or has better chances to be selected as a Winner and Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Participant hereby consents to Sponsor doing or omitting to do any act that would otherwise infringe your moral rights, privacy rights or publicity rights, and you further remise, release and discharge the Authorized Parties, to the fullest extent permitted by law, from all liabilities, obligations, claims and demands whatsoever arising out of Authorized Parties' use of your Participant Materials and/or the SPONSOR Created Materials as stipulated herein.
(b)Upon Sponsor’s request, each Participant must be prepared to provide (within forty-eight hours of receipt of Sponsor’s request) or other time period specified by Sponsor at Sponsor’s sole discretion) a signed license agreement authorizing the Authorized Parties to reproduce, distribute, display, and create derivative works of your Participant Materials (or part thereof) in connection with the Sweepstakes as stipulated herein. All license agreements must be in the form provided by Sponsor or satisfactory to Sponsor. Failure to provide such license agreement upon request may result in disqualification at any time during the Sweepstakes and selection of an alternate potential winner in case the refusal is communicated by a Winner.
11.Intellectual Property. The Sweepstakes Official Rules, The SPONSOR website, the Sweepstakes Website, all related web pages, all content created by Sponsor or on behalf of Sponsor, and SPONSOR Created Materials, and all trademarks used by Sponsor (the “Intellectual Property”) are the property of the Sponsor. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of Sponsor is strictly prohibited. “Sponsor” is a registered trademark of Sponsor. No rights in or to any of the Sponsor’s intellectual property or trademarks are transferred or licensed (expressly, impliedly, or otherwise) to any Participant or Winner and no Participant or Winner may use any of Sponsor’s intellectual property or trademarks without the express written consent of Sponsor. Use of “Hedonism II” and other trademarks owned by Hedonism II are with permission of Hedonism II.
12.Reservations. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time for any reason in its sole discretion, which shall be final. All Participants agree to abide by and be bound by these Official Rules. Sponsor reserves the right to permanently disqualify and/or revoke a Prize from any person it believes has violated these Official Rules or has acted in a manner that is, in Sponsor’s discretion, offensive, harassing, threatening, repugnant, or violent at any time, including any tampering with the entry process. Participants further agree to not knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. All decisions of Sponsor shall be final and Participants waive any right to challenge any decisions made by Sponsor.
13.Governing Law/Venue. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place solely and exclusively in courts located in the State of Ohio in the county of Hamilton. All matters involving the Sweepstakes and these Official Rules shall be resolved individually, without resort to any form of class action and all damages, claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (excluding any attorneys’ fees).
14.Social Media Disclosure. Although this promotion may be advertised on the Facebook pages, Twitter accounts, Instagram accounts, YouTube channel or other social media platforms of Sponsor, this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, YouTube or other social media platforms. Participants are providing their information to the Sponsor and not to Facebook, Twitter, Instagram, YouTube or other social media platforms. The information a Participant provides will only be used by the Sponsor and its agents. By entering, Participants provide a complete release of Facebook, Twitter, Instagram or YouTube from any and all responsibilities implied or provided by the Sponsor and that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, YouTube or any other social media platform or party not expressly provided for by these Official Rules.
15.Binding Arbitration. Except with respect to the protection and enforcement of the intellectual property rights of the Sponsor and its rights to seek and/or obtain injunctive or equitable relief therefore, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in Cincinnati Ohio administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”). The U.S. Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the Arbitration Rules. The arbitrator shall be selected pursuant to the Arbitration Rules. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the Arbitration Rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute and any action arising from or relating to these Official rules or the Sweepstakes may only be brought in the state or federal courts located in Cincinnati, Ohio. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES AND THE ARBITRATION RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.