Official Rules (“Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
By entering into this Sweepstakes, I accept the terms and conditions and set forth in these Official Rules. I confirm I am at least 21 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in (21 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, I agree to sign up to receive newsletters and special offers from KindTraveler, PBC, Mowellens, 102Drive, FORK & MELON, Luxury Leather Brands LLC, 1440 Media, LLC, Travel + Leisure, and True the Magazine Inc. MacArthur Place Hotel & Spa, Bohemian Highway Travel Co. (collectively, the “Associated Companies”). The Associated Companies have provided prizes to the Sweepstakes but only KindTraveler, PBC is sponsoring the sweepstakes and responsible for operating the Sweepstakes. No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited. (New Jersey Notice: This Sweepstakes is not void in New Jersey).
Eligibility: 3-Night Luxe Recharge in the Heart of Sonoma Wine Country (the “Sweepstakes”) is open to anyone who is at least twenty one (21) years of age and has reached the age of majority in their jurisdiction of residence at the time of opt-in and lives within the continental United States and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the associated companies are not eligible to enter.
Sponsor: The Sweepstakes is sponsored by KindTraveler, PBC at PO BOX 1164 , Malibu, CA, 90264.
Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entry Period: The Sweepstakes begins at 12:00am EST on 3/7/2020 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes will end on 4/17/2020 at 11:59pm EDT.
How to Enter: At the beginning of the Entry Period, you may enter the Sweepstakes by visiting the sweepstakes site www.dojomojo.com/landing/campaign/81168423-29b6-4d66-b8e2-6c51848872bb (the “Sweepstakes Site”) and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address (not including “Bonus Entries,” as described below). Additional entries per person/email address, excluding “Bonus Entries” will not be acknowledged. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.
By entering the Giveaway in accordance with the entry process described above, you will be registering to receive email communication from KindTraveler, PBC, Mowellens, 102Drive, FORK & MELON, Luxury Leather Brands LLC, 1440 Media, LLC, Travel + Leisure, and True the Magazine Inc. MacArthur Place Hotel & Spa, Bohemian Highway Travel Co. and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by the following partners: Mowellens in accordance with their Privacy Policy, a current copy of which can be found here www.mowellens.com/policy;102Drive in accordance with their Privacy Policy, a current copy of which can be found here https://www.mattsflights.com/terms-and-conditions/;FORK & MELON in accordance with their Privacy Policy, a current copy of which can be found here https://forkandmelon.com/pages/terms-of-service-privacy-policy;Luxury Leather Brands LLC in accordance with their Privacy Policy, a current copy of which can be found here https://ghurka.com/pages/privacy-policy;KindTraveler, PBC in accordance with their Privacy Policy, a current copy of which can be found here https://www.kindtraveler.com/privacy-policy;1440 Media, LLC in accordance with their Privacy Policy, a current copy of which can be found here http://join1440.com/terms-conditions/;Travel + Leisure in accordance with their Privacy Policy, a current copy of which can be found here https://subscription.travelandleisure.com/storefront/privacy/travelleisure/generic_privacy_new.html?dnp-source=E;True the Magazine Inc. in accordance with their Privacy Policy, a current copy of which can be found here https://true.ink/.
Bonus Entries: Each person who submits an entry to the Sweepstakes will have the opportunity to obtain additional entries by performing listed social actions. For each action performed, the user will receive the allotted amount of bonus entries listed below.
{
Entrant will receive 2 additional entries for sharing the link to this campaign(3-Night Luxe Recharge in the Heart of Sonoma Wine Country).
Entrant will receive 2 additional entries for following Mowellens on Pinterest.
Entrant will receive 2 additional entries for sharing the link to this campaign(3-Night Luxe Recharge in the Heart of Sonoma Wine Country).
Entrant will receive 3 additional entries for following forkandmelon on Twitter.
Entrant will receive 2 additional entries for visiting ghurkausa on Instagram.
Entrant will receive 3 additional entries for following kindtraveler on Twitter.
Entrant will receive 3 additional entries for subscribing to https://www.youtube.com/channel/UCsKbY9h4iSAkxd-q88GIwUw on YouTube.
Entrant will receive 3 additional entries for downloading the app https://bit.ly/32ZBUM1.
Entrant can receive a total of 20 additional entries by completing all bonus entry actions.
}Drawing: After the Entry Period, on or about 4/19/2020, Sponsor will select 1 potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received.
Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted. If after attempts of outreach to the winner is not reached Kind Traveler (Host)has the right to randomly select a winner to from their database. This can include ambassadors, influencers and other.
Prize(s): One (1) grand prize will be awarded and one (1) winner will be chosen.
Description of Prizes: Grand Prize (total value of $3500)
General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, the prize providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
1. Trade Marks: Nothing herein shall give Partner any interest in the trademarks, logos, images, footage, or other intellectual property owned by or under license to Kind Traveler (“Trade Marks”) or the goodwill attaching thereto or in any label, design, container or other visual representations thereof, or used in connection therewith; and Partner acknowledges and agrees that all rights and interest created through such usage of the Trade Marks, labels, designs, containers or other visual representations shall inure to the benefit and be the property of Kind Traveler. Partner and Kind Traveler agree and understand that there is extended to Partner under this Agreement a mere temporary permission, uncoupled with any right or interest, and without payment of any fee or royalty charge, to use said Trade Marks, labels, designs, containers or other visual representations thereof, in connection with 3-Night Luxe Recharge in the Heart of Sonoma Wine Country Sweepstakes (“Campaign”); said use to be in such manner and with the result that all goodwill relating to the same shall accrue to Kind Traveler as the source and origin of such Campaign, and Kind Traveler shall be absolutely entitled to determine in every instance the manner of presentation and such other steps necessary or desirable to secure compliance with this Section.
2. Data Protection.
2.1 Each party shall be individually and separately responsible for complying with any and all privacy, security and data protection laws and regulations that apply to it, including, as applicable, the California Consumer Privacy Act, including all amendments, supplements and regulations promulgated thereunder (“Data Protection Law”).
2.2. Each party will process any information deemed personal information or personal data (or other analogous variations of such terms) under an applicable Data Protection Law that is collected or received in connection with the Campaign (“Personal Information”) solely in accordance with (i) the Agreement, (ii) applicable Data Protection Laws, (iii) its privacy notice; and (iv) any additional disclosures made in connection with the Campaign. All user-facing materials related to the Agreement (including without limitation websites, popups, and portals) will be co-branded with Partner and Kind Traveler branding in a manner that allows Campaign participants (“Participants”) to understand that they are intentionally interacting with both parties.
2.3 Kind Traveler will maintain a publicly-accessible privacy policy on its mobile applications and websites that is available via a prominent link that satisfies transparency disclosure requirements of applicable Data Protection Law. Kind Traveler will not sell Personal Information without giving the Participant notice and an opportunity to opt out, in compliance with Data Protection Law. Kind Traveler will promptly notify Partner in writing, and in any case within 2 days of receipt, unless specifically prohibited by laws applicable to Kind Traveler, if Kind Traveler receives any complaint relating to the use of Personal Information collected in connection with the 3-Night Luxe Recharge in the Heart of Sonoma Wine Country Sweepstakes.
2.4 Where either party receives a request from a Participant with respect to Personal Information controlled by the other party or directed to the other party, where relevant, the party receiving such request will direct the Participant to the other party, as applicable, in order to enable the other party to respond directly to the Participant’s request.
2.5 As between Partner and Kind Traveler, Kind Traveler shall be solely responsible for the execution and administration of the campaign and for ensuring that the campaign, including any sweepstakes or contests conducted in connection therewith comply with all applicable federal, state and local laws and regulations.( the "Applicable Laws"). Kind Traveler shall indemnify, defend and hold harmless Partner from and against any claims or actions or liabilities resulting from the Campaign, including without limitation the failure of the campaign to comply with the Laws, except to the extent such claims result solely from the negligent acts or omissions of Partner.
Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Sponsor and the participating companies KindTraveler, PBC, Mowellens, 102Drive, FORK & MELON, Luxury Leather Brands LLC, 1440 Media, LLC, Travel + Leisure, and True the Magazine Inc. MacArthur Place Hotel & Spa, Bohemian Highway Travel Co. will use Entrant’s information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry. By providing my phone number, I consent to receive automated marketing by text message from the host and partners of this campaign through an automated telephone dialing system at the number provided. Message/data rates may apply and you can unsubscribe anytime. For text messages, you can text “STOP” in response to a text message that you receive.
Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Malibu, CA. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of CA, without giving effect to any choice of law or conflict of law rules (whether of CA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than CA.
Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
Results: To request a winners list, send a self addressed, stamped envelope to KindTraveler, PBC at PO BOX 1164 , Malibu, CA, 90264. Requests must be received within four (4) weeks of the end of the Entry Period.