Official Rules
The Kooskadoo Monthly T-Shirt Sweepstakes
"The Kooskadoo Monthly T-Shirt Sweepstakes" is a monthly sweepstakes sponsored by Kooskadoo.
Each month, we give away one (1) t-shirt to one lucky winner. To enter, provide your email address either via the popup on our home page, or by sending us a message using our contact form, or by sending an email to hello@kooskadoo.com with "SWEEPSTAKES" entry in the subject line.
No purchase necessary. Void where prohibited. One entry per person. The email address you provide for your entry will be added to an email list managed and owned by Kooskadoo.
Read the Official Rules below. Feel free to reach out to us with any questions.
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You must read these official rules (the "Official Rules") in their entirety.
Any description or reference to the Official Rules outside the contents of these Official Rules is not a part of the Official Rules.
By entering, you confirm that you are legally bound by the Official Rules and you understand the Official Rules is a legal contract that you are required to abide by. You further confirm that you satisfy all of the eligibility requirements.
1. NAME OF SWEEPSTAKES.
The official name is the "The Kooskadoo Monthly T-Shirt Sweepstakes" (the "Sweepstakes").
2. VOID WHERE PROHIBITED.
THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
3. CURRENT EMAIL LIST SUBSCRIBER.
At the time of the drawing, Participant MUST be a current subscriber to an email list owned by the Sponsor. If a potential Participant provides their email address to the Sponsor at any time before the End Date, and unsubscribes before the End Date (See Section 13 below), the entry shall be deemed not valid.
4. SPONSOR.
The Sweepstakes is sponsored by Kooskadoo. (the "Sponsor"). On the internet at www.kooskadoo.com. Official mailing address: 319 Vann Dr, Suite E #26, Jackson, TN 38305.
5. DISCLAIMER.
The Sweepstakes is not sponsored by, endorsed by, maintained by, authorized by, administered by, directly affiliated with, or associated with Shopify(tm), or its subsidiaries or affiliates. Shopify(tm) is a trademark of Shopify, Inc.
6. TRADEMARKS.
All product and company names are the registered trademarks of their original owners. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder of their product brand.
7. NO PURCHASE NECESSARY.
No purchase necessary to enter, to win, or to claim prizes.
8. NO WINNER POSSIBILITY.
In the event a winner cannot be declared, for whatever reason, the Sponsor reserves the right to end the Sweepstakes without a winner.
9. TIME ZONE.
Unless otherwise noted, all times are Pacific Time. You are responsible for determining the corresponding time zone in your respective location.
10. DESCRIPTION OF THE SWEEPSTAKES.
The Sweepstakes is designed to give an eligible entrant (the "Participant") the opportunity to win a t-shirt.
The winner will be determined by a random drawing in accordance with these Official Rules and prize(s) will be awarded to one eligible winning Participant(s).
11. RANDOM DRAWING.
The Official drawing will take place within 48 hours after the End Date, at the discretion of the Sponsor.
Before the drawing, each valid entry will be associated with a corresponding number starting at one (1) and continuing sequentially until all valid entries have been assigned a unique number.
The potential winning number will be determined by using the random number generator located at https://www.random.org/.
The winning random number will be generated through a three (3) step process. 1) Generate a random seed number (the "Seed Number") between one (1) and twenty (20). 2) Next, a random number between one (1) and the "total number of valid entries" will be generated until the count of total random numbers generated is equal to the Seed Number. 3) At this time, the generated random number will be recorded and declared to be the potential winning number. The valid email address that corresponds to the potential winning number will be deemed the potential winner.
12. ELIGIBILITY.
The laws governing Sweepstakes are set up by each individual state. If you are unsure regarding your eligibility to participate and/or win this Sweepstakes, contact the department in your state that regulates Sweepstakes.
The Sweepstakes is open to legal residents of the 50 United States, District of Columbia, Puerto Rico, and Canada (excluding Quebec), and where this Sweepstakes is lawful. All participants must be at least 18 years of age or the age of majority in the jurisdiction in which they reside, and have either a valid social security number or a valid U.S. personal tax identification number or another form of identification that is acceptable for tax reporting purposes in the participants jurisdiction, and have agreed to these Official Rules.
Participant agrees that any payments made by the Participant to individuals or to an entity of any type, for any type of product or service related to a Participants participation in this Sweepstakes is not necessary, or a requirement to participate in the Sweepstakes.
Sponsor reserves the right to limit, or restrict upon notice, participation in the Sweepstakes to any person at any time for any reason. If you do not meet any of these requirements, or any eligibility requirements in these Official Rules, you are not eligible to enter, participate, or to win the prize, and the Sponsor reserves the right to not award the prize to you.
Participant agrees that they are not subject to backup withholding tax because: (a) they are exempt from backup withholding, or (b) they have not been notified by the Internal Revenue Service (IRS) that they are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified them that they are no longer subject to backup withholding.
Participants agree that the decisions of the Sponsor is final and binding in all respects.
Directors, officers and employees of Sponsor and any of their respective affiliated committees, subsidiaries, agents, professional advisers, consultants, advertising and promotional agencies, and immediate families of each are not eligible to enter, compete, or win any prizes.
13. SWEEPSTAKES PERIOD.
The Sweepstakes shall begin at 12:00:00 am PT on the first day of each month (the "Start Date"). The Sweepstakes ends (the "End Date") at exactly 11:59:59 pm PT on the final day of the same month as the Start Date. The Sweepstakes period (the "Sweepstakes Period") is the time between the Start Date and the End Date.
The time stamp (the "Official Time") on the computer used to administer the Sweepstakes will serve as the official time keeper of the Sweepstakes.
The Sponsor reserves the right to extend the Start Date if the Sponsor deems it necessary for any reason whatsoever. The new Start Date will then be the first day following the Start Date. If the Sweepstakes cannot begin on the Start Date after two extensions, then the Sponsor reserves the right to continue or cancel the Sweepstakes.
14. PRIZE.
One (1) Participant, who will successfully have their email address randomly drawn according to the Official Rules will be awarded a prize (the "Grand Prize").
The Grand Prize is one (1) t-shirt, any size, any color, to be selected by the Official Winner, that is currently sold, and in stock, on the Sponsors website located at kooskadoo.com.
Only one (1) prize will be awarded to one winner if all requirements set forth in the Official Rules are met.
The Prize will be shipped to the Official Winner using a carrier selected by the Sponsor. All shipping costs, handling costs, and packaging costs will be paid by the Sponsor. If the Prize is shipped to an address outside the USA, the Sponsor will pay all customs and other international fees.
The participant(s) who completes the Sweepstakes according to the rules will not receive any "monetary compensation" for being declared an Official Winner. No substitution or transfer of prizes will be accommodated or permitted.
The Approximate Retail Value ("ARV"), or Fair Market Value ("FMV") of the prize is $30
To claim the prize, a potential winner will be sent a notification email to the email address that the Participant used to enter the Sweepstakes and should follow the instructions and comply with the conditions contained in his or her notification email (See Section 23 below). The notification email must be replied to within seven (7) days of receipt or the potential winner will be disqualified.
15. ODDS; TAXES; ETC.
This Sweepstakes is a random drawing Sweepstakes. The odds of winning the Sweepstakes will be determined by the number of valid entries. PRIZES WON CAN BE VIEWED AS TAXABLE INCOME BY THE IRS, THEREFORE, THE WINNER COULD RECEIVE A FORM 1099-MISC FROM THE SPONSOR FOR THE TOTAL ARV.
Prize payments, if any, are subject to the express requirement that the participant submit to sponsor all documentation requested by sponsor to permit it to comply with all applicable us, state, and local tax reporting and withholding requirements. Any prize payment will be net of any taxes sponsor is required by law to withhold. All federal, state and local taxes associated with the receipt or use of any prize are the sole responsibility of winner.
In order to receive a prize, the potential winner must submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
The prize will be forfeited and not awarded to an alternative winner if the winner affidavit and release materials (see Sections 20 and 24 below) are not returned as required from winner or if two (2) attempts to contact winner by phone and/or e-mail are not successful, or if the prize is otherwise not claimed. Grand Prize is not transferable. No substitutions or exchanges of the Grand Prize will be permitted. Limit one prize per mailing address per year. The prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
16. HOW TO ENTER.
INDIVIDUAL PARTICIPANTS ONLY. INDIVIDUALS MUST ENTER THE SWEEPSTAKES BEFORE THE START DATE (See Section 13 above). ONLY ONE ENTRY PER PERSON IS ALLOWED.
Individuals MUST be a current subscriber to an email list at the Sponsors website at the time of the drawing.
Individuals are NOT required to enter their email address each month for each successive drawing. If your email address is subscribed to an email list owned by the Sponsor, you are automatically entered into each month's drawing, until you unsubscribe your email address, or notify the Sponsor that you do not want your email address used for the purposes of this Sweepstakes.
Only entries created; 1) at the Sweepstakes Website, or via one of the alternate methods of entry described below, and 2) before the Start Date are valid entries (See Section 13 above). An email account is required (See Section 17 below).
INDIVIDUALS MAY ENTER AS FOLLOWS:
(a) Online Entry Method: To participate in the Sweepstakes, visit http://www.kooskadoo.com/ (the "Sweepstakes Website") before the Start Date and subscribe your valid email address to the Sponsor's email list (i.e. newsletter). The successful submission of your valid email address will serve as your official online entry into the Sweepstakes. The email address you provide will be added to an email list owned by the Sponsor.
(b) Alternate Method Of Entry ("AMOE"): If you choose to use an AMOE, please allow enough time to ensure your entry has been received before the Start Date. The email address you provide will be added to an email list owned by the Sponsor.
Either (1) OR (2):
1) Send your legal name, and your valid email address (See Section 17 below) to the address listed (See Section 4 above) before the Start Date. The email address you provide will be added to an email list owned by the Sponsor.
OR
2) Send your legal name, and your valid email address (See Section 17 below) to the email address hello@kooskadoo.com with "SWEEPSTAKES ENTRY" in the subject line, before the Start Date. The email address you provide will be added to an email list owned by the Sponsor.
For all entry methods, failure to submit all required information in the manner required in these Official Rules and/or any entry or contribution form may result in disqualification. Proof of online entry will not be deemed to be proof of receipt of entry by Sponsor. All Participants and entries are subject to verification by Sponsor. Entries will not be acknowledged or returned. By entering the Sweepstakes, you consent to being placed on an e-mail mailing list to receive official information from Sponsor about the Sweepstakes in accordance with Sponsor's Privacy Policy.
Individuals may enter the Sweepstakes a maximum of one time by any method listed above.
Individuals who enter the Sweepstakes multiple times by using multiple email addresses, by any method listed above will be disqualified.
17. IDENTITY OF ENTRANT.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
18. INDEPENDENT PANEL OF JUDGES
Sponsor may, at their discretion, assign an independent panel of judges within fourteen (14) days after the End Date. The judges decisions are final and binding in all respects. The panel shall consist of not less than three (3) and no more than ten (10) individuals. The panels first task is to elect one judge to be the leader of the panel (the "Head Judge"). The Head Judge will speak for the panel and be the decision-maker if disputes and questions arise from the other judges.
The validation and review process by the judges on all eligible submissions will begin no later than fourteen (14) days after the End Date. The judges will declare which Participants have acted in accordance with these Official Rules, and declare a maximum of one (1) winner. The judges have a maximum of ninety (90) days from the End Date to reach a decision, but may announce their decision at any time before ninety (90) days has passed.
19. GENERAL RELEASE.
By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
20. USE OF WINNER NAME, LIKENESS, ETC.
Except where prohibited by law, entry into the Sweepstakes constitutes permission to use each winner's name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
21. DISCLAIMER.
Sponsor, and its related committees, candidates, affiliates, directors, officers, consultants, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
22. INTELLECTUAL PROPERTY NOTICE.
The Sweepstakes and all accompanying materials are copyright (c) 2023 by Kooskadoo. All rights reserved.
23. AFFIDAVIT & RELEASE.
As a condition of being awarded any prize, a potential winner may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
24. WINNERS LIST; RULES REQUEST.
The Winners List can be requested beginning seven (7) days after the Sweepstakes has ended and requests will be honored until one year after the Sweepstakes has ended.
For a copy of the Winners List, send an email request to info@kooskadoo.com with Winners List in the subject line, or send a SSAE (stamped, self-addressed, envelope) to the address listed in Section 4, Attn: Winners List.
To obtain a copy of these Official Rules, visit http://www.kooskadoo.com/pages/official-rules/ or send an email request to info@kooskadoo.com with Official Rules in the subject line, or send a SSAE (stamped, self-addressed envelope) to Sponsor at the address listed in Section 4, Attn: Rules Request. Residents of VT may omit return postage.
25. TERMINATION.
Sponsor, at their sole discretion, reserves the right to terminate the Sweepstakes, or suspend the Sweepstakes, or terminate any Participants participation in the Sweepstakes should unforeseen or extraordinary circumstances beyond Sponsor's control affect the security or proper administration of the Sweepstakes, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Sweepstakes as planned, or Sponsor, at their sole discretion, determines that the Sweepstakes must be terminated due to a insufficient participation level. Sponsor will make a good faith effort to ensure the Sweepstakes concludes with a winner, but cannot be held liable if unforeseen or extraordinary circumstances, or a insufficient participation level requires the Sweepstakes to be canceled, or suspended.
26. PRIVACY.
The Entry information provided is subject to Kooskadoo's Privacy Policy. To read this Policy, access https://kooskadoo.com/policies/privacy-policy. Entries become the property of Sponsor, and will not be acknowledged or returned. The information you provide will be used for the purposes of Sweepstakes administration.
27. LEGAL.
If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be deemed modified or eliminated to the extent necessary, in the court's opinion, to make it enforceable while preserving the original intent of the Sponsor, and the remaining parts of these Official Rules will remain in full force and effect and enforceable.
The Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of Tennessee, U.S.A. without regard to its or any other jurisdiction's choice of law provisions. Entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects.
Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. If you have any questions about these Official Rules or the Sweepstakes, please e-mail them to legal@kooskadoo.com or send written questions to the address listed in Section 4 above, Attn: SWEEPSTAKES Questions.
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