Official Rules of the American Kratom Association’s “Kratom Changes Lives” Video Contest"
1. Eligibility: American Kratom Association’s Kratom Changes Lives Video Contest (the Contest) is open only to those who are at least eighteen (18) years of age as of the date of entry and legal residents of the fifty (50) United States and the District of Columbia. Void where prohibited by law. Employees and Board Members of American Kratom Association, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. AKA reserves the right to refuse an entry submission if it violates our standards.
2. Sponsor: The Contest is sponsored by the American Kratom Association, 5501 Merchants View Sq#202, Haymarket, Virginia 20169. Prize package provided courtesy of anonymous donor.
3. Agreement to Official Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of the American Kratom Association as final and binding as it relates to the content of this Contest.
4. Contest Period: Entries will be accepted online starting on August 28, 2017, 12:00 am EST and ends September 26, 2017 at 11:59pm EST (“the Contest Period”). All online entries must be received by September 26, 2017 at 11:59pm EST. Submissions will be accepted for the duration of the Contest Period by submitting your entry online. No other methods of submission will be accepted and will be void.
5. How to Enter: The Contest must be entered by submitting an entry using the online form provided on our website (www.americankratom.org) and following directions provided to fill out the entry information and submit. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Limit one (1) entry per person, per email address and per household for the duration of the Contest period, regardless of method of entry. Entries received from any person, email address or household in excess of the stated limitation will be void. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of AKA. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion AKA. All entries become the property of AKA and will not be acknowledged or returned.
6. Entry Criteria: All entries submitted must clearly state the message “Kratom Changes Lives.” Video entries must be 3 minutes or less in duration and highlight the impact of kratom. The videos must be English language and/or English subtitles. No profane, inappropriate language or content is permitted. No vendor promotion, indirect or direct, in any form is permitted. No cross promotion of other organizations or commercial entities is permitted. Absolutely no medical claims of any kind are permitted. All video footage must be original content, property of the entrant and not submitted to any other contest or public view. Entrant affirms they are the legal owner of submitted video content and affirms that all parties used in the production of the video gave consent. The sponsor reserves the right to refuse an entry submission that violate its standards.
7. Prize Award: On or about October 3, 2017, AKA will select the Winner(s) from among eligible entries received. The odds of winning depend on the number of eligible entries received. The Winner will be selected by a panel of qualified, independent & impartial judges, appointed by AKA and under the supervision of AKA. The public will act as a single judging entity and will receive one vote as a “judge” per public vote hosted on the AKA website. Public voting will be tallied from online voting on October 3, 2017 to determine final public vote. In addition, those entries with the highest ranking will continue on to the jury panel for voting. Judging is final and binding. Scoring guidelines for judging entries will be based upon the published criteria and scoring system, as determined by the Sponsor, and published on website as Judging Criteria (“Criteria”). Our decision in all matters to do with the Content will be final and no correspondence will be entered into.
8. Prizes: The Winner(s) of the Contest (the “Winner”) will receive, as chosen by a jury panel of judges:
· 1 (one) 1st Place Prize of $10,000;
· 1 (one) 2nd Place Price of $2,000;
· 1 (one) 3rd Place Prize of $1,000.
· Up to 50 (fifty) additional awards for honorable mention, awarded at the discretion of AKA and to be announced at a later date, for the top 50 entrants per selection, based on jury vote.
The specifics of the prize shall be solely determined by the Sponsor. No other prize substitution shall be permitted except at AKA’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others by Winner is permitted. Acceptance of prize constitutes permission for the sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
9. Winner Selection and Notification: Winner posted on the AKA website will be notified by email within five (5) days following selection of Winner. The Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted by an email, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in the Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE TERMS AND CONDITIONS BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
10. 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 the Sponsor 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 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.
11. Rights Granted by You: By entering your video content in this Contest, You understand and agree that AKA, anyone acting on behalf of AKA, and AKA’s successors and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, used solely for the purpose of the Contest, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion AKA. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless AKA from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which AKA may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
12. Release and Limitations of Liability: By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents including Facebook (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest and receipt or use of the prize 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 transmission 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 an 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. Entrant further agrees that in any cause of action the 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.
13. Terms & Conditions: AKA reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond AKA’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, AKA may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. AKA reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Official Rules. AKA has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, AKA reserves the right to seek damages to the fullest extent permitted by law.
14. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNTIED STATES AND THE COMMONWEALTH OF VIRGINIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. 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 the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s 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 Virginia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws or any jurisdiction other than Virginia. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering the Contest). Participant further waives all rights to have damages multiplied or increased.
16. Facebook: The Contest hosted by AKA is in no way sponsored, endorsed, administered by, or associated with Facebook.
17. Agreement: You agree that by submitting your entry into the Contest, you the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.