Ka’Chava Sweepstakes Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

 

1. Eligibility                  

Ka'Chava Email Subscribers Sweepstakes (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Tribal Nutrition and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations.

 

2. Sponsor        

The Sweepstakes is sponsored by Tribal Nutrition / Ka’Chava, located at PO Box 1874, Zephyr Cove, Nevada 89448.

 

3. Agreement to Official Rules          

Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

 

4. Sweepstakes Period

The Sweepstakes begins on January 01, 2019 at 12:00 AM Pacific and ends on December 31, 2019 at 11:59 PM Pacific (the "Sweepstakes Period"). Entries that are submitted before or after the Sweepstakes Period will be disqualified.

Submissions will be accepted for the duration of the Sweepstakes using any of the following methods:

(1) Online: by subscribing to our email list.

 

5. How to Enter

Online: This method of entry will be available by visiting our website (www.kachava.com) and following the directions provided to subscribe to emails from Ka’Chava, and submit. Participants agree to receive emails from www.kachava.com and Tribal Nutrition when they subscribe to our newsletters, and/or when they subscriber via any email sign-up fields on www.kachava.com.

 

Limit one (1) entry per person, per email address, and per household for the duration of the Sweepstakes Period, regardless of method of entry, unless otherwise stated for additional chances to win. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.

 

6. Prize Drawing

A winner is drawn monthly. Every month, on or about the first day of the month, the Sponsor will select a potential winner in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via email on or about the second day of the month. If the potential winner cannot be contacted within ten (10) days after the date of the first attempt to contact him/her, the prize is forfeited and the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.

 

7. Winner Notification

The potential winner will be notified by email. Each potential winner will be required to send their mailing address when requested, within 10 (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted or fails to send their mailing address within the required time period (if applicable), or prize is returned as undeliverable, the potential winner forfeits the prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, the prize is forfeited and the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, the prize will remain un-awarded. Prizes will be fulfilled approximately 1-10 weeks after the conclusion of the monthly Sweepstakes.

 

8. Prizes

A new winner is drawn monthly. Monthly Prize (1) - One unique winner will be selected to receive Two (2) bags of Ka'Chava and One (1) blender, of the Sponsors choosing.

 

9. 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, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the 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) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

10. Release and Limitations of Liability

By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, 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 the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Sweepstakes-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees 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 entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

11. Disputes

Except where prohibited, each entrant agrees 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 Nevada. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Nevada, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Nevada.

 

12. Privacy

Information collected from entrants is subject to Sponsor's privacy policy.

 

13. Winner List

The monthly winner is announced in our newsletter, the "Tribal Monthly." The "Tribal Monthly" newsletter is emailed to all subscribers (who have not opted-out), on or about the first week of each month. To request the name of the winner, send an email to community@kachava.com, or send a self-addressed, stamped envelope to

Ka'Chava

PO Box 1874

Zephyr Cove, Nevada

89448

Winner List requests will only be accepted after the promotion end date (listed above).

 

 

 

Ka’Chava Selfie Contest Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

 

1. Eligibility

Ka’Chava Selfie Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Tribal Nutrition / Ka'Chava and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

 

2. Sponsor

The Contest is sponsored by Tribal Nutrition / Ka'Chava, located at PO Box 1874, Zephyr Cove, Nevada 89448.

 

3. Agreement to Official Rules

Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

 

4. Contest Period

The Contest begins on April 01, 2019 at 12:00 AM Pacific and ends on December 31, 2019 at 11:59 PM Pacific (the "Contest Period"). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods (platforms):

1. Online at kachava.com

2. Online at Instagram.com

3. Online at Twitter.com

4. Online at Facebook.com

 

5. How to Enter

(1) Online at Kachava.com: This method of entry will be available by visiting our website (www.kachava.com) and following the directions provided (for “Selfie” entries) to fill out the entry information, and submit.

(2) Online at Instagram: This method of entry will be available by sharing a public post on Instagram (instagram.com) and following the directions provided to fill out the entry information, and submit with the contest hashtags.

(3) Online at Twitter: This method of entry will be available by sharing a public post on Instagram (instagram.com) and following the directions provided to fill out the entry information, and submit with the contest hashtags

(4) Online at  Facebook: This method of entry will be available by sharing a public post on Instagram (instagram.com) and following the directions provided to fill out the entry information, and submit with the contest hashtags

Limit one (1) entry per person, and per platform, per month - for the duration of the Contest Period, regardless of method of entry.

 

DISCLAIMER

This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.com, Instagram.com, or Facebook.com. You understand that by entering any Ka'Chava Sweepstakes or Contest you are providing your information to Tribal Nutrition / Ka’Chava, and not to Twitter.com, Instagram.com, or Facebook.com.

 

6. Prize Drawing

The winners are selected by Ka’Chava, monthly. Every month, on or about the first day of the month, the Sponsor will select a potential winner from among all eligible entries received during the previous month. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via email, comment or direct message the platform of entry, on or about the second week of each month. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place from the remaining non-winning, eligible entries.

 

7. Winner Notification

The potential winners will be notified by email, comment, or direct message on the platform of entry. Each potential winner will be required to send their mailing address when requested, within 10 (10) days of the date notice or attempted notice is sent, in order to claim his/her prize.  If a potential winner cannot be contacted, or fails to provide their mailing address within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner of Sponsors choosing from all remaining eligible entries. Only one (1) alternate winner may be selected, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 1-10 weeks after the conclusion of the Contest.

 

8. Prizes

A new winner is drawn monthly (one winner per month). Monthly Prize - (1) One bag of Ka'Chava in the flavor of the winners choosing.

 

9. General Conditions

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

10. Release and Limitations of Liability

By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

11. Disputes

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Nevada. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Nevada, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Nevada.

 

12. User Content Terms of Use

For adequate consideration, including the possibility of publicity, you and Tribal Nutrition (“Ka’Chava”) agree as follows with respect to Ka’Chava’s use of all content, information and/or other materials which you have agreed to share with Ka’Chava (referred to as “User Content”) by entering this contest for Ka’Chava’s use in its marketing, advertising and/or promotional activities:

By entering this contest you hereby grant to Ka’Chava and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content, in whole or in part, in connection, without limitation, on Ka’Chava’s websites, emails, print, social media and other Ka’Chava marketing purposes (the “Media”).

This License shall be non-exclusive (meaning you may use the User Content for your own purposes or let others use your User Content for their purposes), irrevocable, perpetual and worldwide. Our License to your User Content shall be royalty-free (meaning Ka’Chava is under no obligation to provide you or any third party additional consideration of any kind in connection with its use of the User Content). Notwithstanding the License, Ka’Chava shall have no obligation to use the User Content.

You represent and warrant that:

- You own all rights to your User Content or, alternatively, that you have the right to give Ka'Chava the rights described above;

- Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You agree to indemnify and hold Ka’Chava and its affiliates or subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, Ka’Chava’s use of your User Content, your violation of these Terms of Use ("TOU") or your violation of any right of another party. 

These TOU and the relationship between you and Ka’Chava shall be governed by, construed and enforced in accordance with the laws of the State of Nevada and the USA, without regard to any principles of conflicts of laws.

If any provision of these TOU are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.

These TOU supersede all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in these TOU, whether oral or written.

If you believe that someone has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please click here for information on how to notify us.

 

13. Privacy

Information collected from entrants is subject to Sponsor's privacy policy.

  

Ka’Chava Kitchen Recipe Contest Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

 

1. Eligibility

Ka’Chava Kitchen Recipe Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Tribal Nutrition / Ka'Chava and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

 

2. Sponsor

The Contest is sponsored by Tribal Nutrition / Ka'Chava, located at PO Box 1874, Zephyr Cove, Nevada 89448.

 

3. Agreement to Official Rules

Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

 

4. Contest Period

The Contest begins on April 01, 2019 at 12:00 AM Pacific and ends on December 31, 2019 at 11:59 PM Pacific (the "Contest Period"). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods (platforms):

5. Online at kachava.com

6. Online at Instagram.com

7. Online at Twitter.com

8. Online at Facebook.com

 

5. How to Enter

(1) Online at Kachava.com: This method of entry will be available by visiting our website (www.kachava.com) and following the directions provided (for Recipe entries) to fill out the entry information, and submit. 

(2) Online at Instagram: This method of entry will be available by sharing a public post on Instagram (instagram.com) and following the directions provided to fill out the entry information, and submit with the contest hashtags. 

(3) Online at Twitter: This method of entry will be available by sharing a public post on Instagram (instagram.com) and following the directions provided to fill out the entry information, and submit with the contest hashtags. 

(4) Online at  Facebook: This method of entry will be available by sharing a public post on Instagram (instagram.com) and following the directions provided to fill out the entry information, and submit with the contest hashtags. 

Limit one (1) entry per person, and per platform, per month - for the duration of the Contest Period, regardless of method of entry.

DISCLAIMER

This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.com, Instagram.com, or Facebook.com. You understand that by entering any Ka'Chava Sweepstakes or Contest you are providing your information to Tribal Nutrition / Ka’Chava, and not to Twitter.com, Instagram.com, or Facebook.com.

 

6. Prize Drawing

The winners are selected by Ka’Chava, monthly. Every month, on or about the first day of the month, the Sponsor will select a potential winner from among all eligible entries received during the previous month. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via email, comment or direct message the platform of entry, on or about the second week of each month. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place from the remaining non-winning, eligible entries.

 

7. Winner Notification

The potential winners will be notified by email, comment, or direct message on the platform of entry. Each potential winner will be required to send their mailing address when requested, within 10 (10) days of the date notice or attempted notice is sent, in order to claim his/her prize.  If a potential winner cannot be contacted, or fails to provide their mailing address within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner of Sponsors choosing from all remaining eligible entries. Only one (1) alternate winner may be selected, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 1-10 weeks after the conclusion of the Contest.

 

8. Prizes

A new winner is drawn monthly (one winner per month). Monthly Prize - (1) One bag of Ka'Chava in the flavor of the winners choosing.

 

9. General Conditions

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

10. Release and Limitations of Liability

By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

11. Disputes

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Nevada. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Nevada, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Nevada.

 

12. User Content Terms of Use

For adequate consideration, including the possibility of publicity, you and Tribal Nutrition (“Ka’Chava”) agree as follows with respect to Ka’Chava’s use of all content, information and/or other materials which you have agreed to share with Ka’Chava (referred to as “User Content”) by entering this contest for Ka’Chava’s use in its marketing, advertising and/or promotional activities:

By entering this contest you hereby grant to Ka’Chava and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content, in whole or in part, in connection, without limitation, on Ka’Chava’s websites, emails, print, social media and other Ka’Chava marketing purposes (the “Media”).

This License shall be non-exclusive (meaning you may use the User Content for your own purposes or let others use your User Content for their purposes), irrevocable, perpetual and worldwide. Our License to your User Content shall be royalty-free (meaning Ka’Chava is under no obligation to provide you or any third party additional consideration of any kind in connection with its use of the User Content). Notwithstanding the License, Ka’Chava shall have no obligation to use the User Content.

You represent and warrant that: 

• You own all rights to your User Content or, alternatively, that you have the right to give Ka'Chava the rights described above;
• Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. 

You agree to indemnify and hold Ka’Chava and its affiliates or subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, Ka’Chava’s use of your User Content, your violation of these Terms of Use ("TOU") or your violation of any right of another party. 

These TOU and the relationship between you and Ka’Chava shall be governed by, construed and enforced in accordance with the laws of the State of Nevada and the USA, without regard to any principles of conflicts of laws. 

If any provision of these TOU are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions. 

These TOU supersede all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in these TOU, whether oral or written. 

If you believe that someone has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please click here for information on how to notify us.

 

13. Privacy

Information collected from entrants is subject to Sponsor's privacy policy.