Purpose: These rules (the “Rules”) govern the “November 2020 Giveaway” (the “Giveaway”). By entering the Giveaway, you agree to be bound by these Rules.
Sponsor: The Sponsor of the Giveaway is Kinsa Inc., 535 Mission St, 18th Floor
San Francisco, CA 94105. The Giveaway is not sponsored or administered by any other company, including without limitation Instagram, which also is not associated with and does not endorse this Giveaway. By entering the Giveaway, you agree to release Instagram of any obligation, expectation, claim, or liability of any kind in connection with your entry or the Giveaway.
Binding Agreement: In order to enter the Giveaway and to receive a Prize, you must agree to the Rules. Please read these Rules prior to entry to ensure you understand and agree.
Eligibility: To be eligible to enter the Giveaway, you must be at least eighteen (18) years old and a legal resident of the United States. Employees of Sponsor and their family members are excluded from participation in the Giveaway. The Giveaway is void where prohibited by law.
How to Enter: Participation in the Giveaway is voluntary and does not require you to purchase anything from Sponsor. All entries must be complete and received during the Giveaway Period. You are limited to eighteen (18) entries total. To enter, follow the instructions on the Instagram post on www.instagram.com/kinsa_health, which state:
- Like the post
- Follow @kinsa_health on Instagram
- Tag a friend in the comments (limit one friend per comment and each eligible comment will be an entry)
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING.
Giveaway Period: The Giveaway begins on Monday, November 9, 2020, and ends on Wednesday, November 11, 2020 at 11:59 PM PT (the “Giveaway Period”). All dates are subject to change.
Selection and Notification of Winners: An entry will be selected under the supervision of Sponsor as a potential winner by random selection from entries that comply with these Rules after the Giveaway Period. The potential winner will be notified via Sponsor via Instagram Direct Message, by Monday, November 16, 2020. The potential winner is subject to validation and verification of eligibility and compliance with these Rules, and may be required to provide additional information and to sign and return a liability release, publicity release (if permitted under applicable law), and/or tax-related documents. The potential winner must respond to the notification and provide all requested information and signed documents within forty-eight (48) hours, or else the potential winner may be disqualified and Sponsor may select another winner. If the potential winner meets these and the other requirements in these Rules, they will be the winner (“Winner”). Decisions by Sponsor are final and binding.
Winner Announcement: The name of the Winner will be available upon request through this contact form for thirty (30) days after the end of the Giveaway Period.
Prize: One (1) winner will be shipped a prize that includes: one (1) Kinsa Quick Care Thermometer (MSRP $24.99) and one (1) Kinsa Smart Ear Thermometer (MSRP $39.99). No transfer, substitution, or cash equivalent for prize is allowed; provided that Sponsor reserves the right to substitute a prize of equal or greater value.
Odds of Winning: Odds of winning the Giveaway will depend on the number of entries received during the Giveaway Period.
Taxes: The Winner is solely responsible for all federal, state, and local taxes associated with the receipt and use of the prize. Winner may be required to provide a W-9 to Sponsor.
General Conditions: All federal, state, and local laws and regulations apply and Giveaway is void where prohibited by law. Sponsor reserves the right to disqualify any entry from the Giveaway if, in Sponsor’s sole discretion, it reasonably believes that the entry resulted from an attempt to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices or annoys, abuses, threatens, or harasses any other entrants or Sponsor. Entries using automated means are prohibited.
Warranty and Indemnity: By entering, and to the maximum extent permitted by law, you agree to release, defend, indemnify, and hold harmless Sponsor, and their employees, officers, directors, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising out of or relating to: (i) any misrepresentation you make in connection with the Giveaway; (ii) any non-compliance by you with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s entry or involvement with the Giveaway; (iv) acceptance, possession, misuse or use of any prize or participation in any Giveaway-related activity or participation in the Giveaway; (v) any malfunction or other problem with Instagram or Sponsor’s e-mail or computer systems in relation to the entry and participation in the Giveaway by you; (vi) any error in the collection, processing, or retention of entry in relation to the entry and participation in the Giveaway by you; or (vii) any typographical or other error in the printing, offering, or announcement of any prize or winners in relation to the entry and participation in the Giveaway by you.
Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel any Giveaway or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Giveaway by computer virus, technical problem, or other unforeseeable event. In the event of termination, winner will be selected from among all eligible entries received as of date of termination.
Forum and Recourse to Judicial Procedures: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. Any action relating to or arising from these Rules or the Giveaway shall be commenced in the federal or state courts in Marin County, California, and Sponsor and you agree to waive any argument that venue there is not convenient or appropriate. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Giveaway are hereby excluded, and entrants expressly waive any and all such rights. All claims arising from or related to these Rules and the Giveaway shall be resolved individually, without resort to any form of class action and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and, except as expressly provided in these Rules, in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and entrant waives all rights to claim, any punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and Entrant waives all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSORS AND ENTRANTS. ENTRANTS UNDERSTAND THAT EACH ENTRANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, ENTRANT ACKNOWLEDGES THAT ENTRANT 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.”
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.