The Tribal Nutrition (“Ka’Chava”) 2022 Promotion Official Rules (“Official Rules”)
- PROMOTION DESCRIPTION: The Ka’Chava 2022 Promotion (the “Promotion”) consists of a single grand prize, as set forth in greater detail herein. The entry period is valid from 12:00am PST on December 26, 2021 through January 31, 2022 at 11:59 p.m. PST (the “Promotion Period”). The winner chosen will receive a prize, as set forth in greater detail below. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tribal Nutrition, LLC, with an official address at 11500 South Eastern Avenue, Ste. 150, Henderson, Nevada 89052 (“Ka’Chava” or “Sponsor”), which shall be final and binding in all respects.
- ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older at the time of entry are eligible to enter and must not be employees, or immediate family members of employees, of Ka’Chava. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- HOW TO ENTER: To enter, a person (hereinafter, “you” or the “Entrant”) must sign-up for the Promotion by entering a (i) valid email address. Entrant will receive an additional entry in the Promotion by providing (ii) a valid phone number. Entrant can obtain additional entries in the Promotion by (iii) referring third parties, who also sign up for the sweepstakes (with a valid email), within the Promotion Period. For each third party that you refer, which submits a valid email in the Promotion, you shall receive an additional entry into the Promotion. (collectively, the foregoing shall be referred to as “Submissions”). All Submissions must be provided by January 31, 2022, at 11:59 PM PST. Entries will not be acknowledged or returned.
- WINNER SELECTION AND NOTIFICATION: The winner of the Grand Prize shall be selected, at random, by Ka’Chava. Ka’Chava may select additional entries to be used as replacements in the event that the first entrant chosen as a finalist cannot satisfy these Official Rules or receive a prize. The winner shall receive an email sent to the email address first provided when submitting the entry from Ka’Chava, informing the Entrant that he or she has won the Grand Prize and instructing the potential winner to follow instructions on how to claim the prize. Time is of the essence in awarding the prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. The winner selection and notification shall be notified in the first week of February 2021.
- PRIZES: One (1) grand prize winner will receive a year’s supply of Ka’Chava meal shake, of any two bags of Ka’Chava available flavors delivered each month, including shipping (the “Grand Prize”). The total approximate retail value (“ARV”) of the Grand Prize is $1,678.80.
- GENERAL PRIZE CONDITIONS: The Prizes will be awarded only if the potential prize winner(s) fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Ka’Chava in its sole discretion. No cash alternative or substitution of the prize will be allowed.
- ODDS. The odds of winning depend on the number of eligible entries received.
- CONSENT AND RELEASE. By entering the Promotion, each Entrant releases and discharges Ka’Chava, and its respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited, entry into the Promotion constitutes the consent of the Entrant, without further compensation, for Ka’chava to use his/her name, and contact information (including, for clarity, any email address and phone number provided by entrant) for editorial, advertising, marketing, publicity, and administrative purposes by Ka’Chava. Acceptance of the Grand Prize constitutes a release by any winner of Ka’Chava of any and all legal claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize.
- LIMITATION OF LIABILITY. By entering, Entrant agrees to release and hold harmless Ka’Chava and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- DISPUTES: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE US AND THE STATE OF NEVADA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Nevada, having jurisdiction. 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 this Promotion). Entrant further waives all rights to have damages multiplied or increased.
- DISCLAIMERS. (i) For clarity, Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Moreover, use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor is not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vi) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
- NO RELATIONSHIP. The Promotion is solely hosted by Ka’Chava and is in no way sponsored, endorsed, administered by, or associated with Facebook and/or Instagram. You are providing your information to Ka’Chava and not to Facebook and/or Instagram.