NO PURCHASE IS NECESSARY TO PLAY OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE CONTEST (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (See Rule 10).
1. PROMOTION DESCRIPTION: The APEALZ Our Beautiful Earth Contest (the “Giveaway”) shall commence and run for the period set forth in Exhibit "A" hereto (the “Promotion Period”) and shall be accessible via the website located at https://www.apealz.com/contests/page/our-beautiful-earth-art-design-contest ("Contest Site"). The Contest is sponsored by Executive Board Sports, LLC, a Hawaii limited liability company (“Sponsor”) and produced as identified in Exhibit "A" hereto (“Producer”). The Contest will be comprised of 10 entrants winning their choice of an APEALZ CHAKA or THUMBS UP Sticker with a design of their choice. Up to ten (10) viewers who complete our APEALZ entry form, can win if selected. Viewers who enter, agree to sign up for an APEALZ email list in accordance with the specifications set forth in Section 3 hereinafter. By participating in the Giveaway, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
2. ELIGIBILITY: The Giveaway will take place via the APEALZ Contest Site and is open only to residents of the United States of America (the “Territory”) who are eighteen (18) years of age or older at the time of the Promotion Period Start Date. Persons in any of the following categories are NOT eligible to participate in the Giveaway or win a Prize: (a) persons who at any time is or was an officer, director, employee or agents of Sponsor or Producer, or their respective parent, subsidiary, or affiliated companies, franchisees, affiliates or service agencies, or independent contractors of any of the above; (b) individuals engaged in the development, production, delivery or distribution of materials or services for this Contest; and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, in-law, foster, adoptive or step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories. The Giveaway is void where prohibited.
3. HOW TO PARTICIPATE: There is no purchase necessary. Entrants must complete the Giveaway form found on the apealz.com website, or the APEALZ contest site: https://www.apealz.com/contests; on or before the Giveaway ends. Time is of the essence for entry.
Entrants will, and hereby do, grant to Producer and Sponsor the right to use and display the entrant’s name in conjunction with this Giveaway via websites, social media and any and all other mediums solely related to the Giveaway and Contest Site in perpetuity.
4. WINNER SELECTION: Following the close of the Promotion Period, The APEALZ Team will randomly select up to 10 Entrants who have completed the form successfully. In the event of rejection by a drawn winner, or if the winner drawn has won another of these Giveaways, then the APEALZ Team will randomly select another winner from the Giveaway entrant submissions and select the replacement winner at it’s discretion.
5. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): Entrants will be awarded the prizes identified in Exhibit "A" hereto. (each a “Prize”): APEALZ will pay for shipping and handling of prizes to addresses located within the United States of America.
6. PRIZE RESTRICTIONS/CONDITIONS: All details and other restrictions of Prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the applicable prize winner upon award of the Prize. No cash alternative or substitution of any Prize will be provided (other than as may be expressly provided in the Prize descriptions above), except Sponsor, in its sole discretion, reserves the right to substitute a Prize of equal or greater value if any Prize cannot be awarded as described due to unavailability for any reason. All income taxes (including, without limitation, federal, state, and/or local income taxes) on or connected with any Prize and the reporting consequences thereof, are solely the responsibility of respective winners. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any Prize are the sole responsibility of the winner. Each Prize winner will be required to complete a verification and Prize acceptance form, liability and publicity release form (collectively the “Release Form”). Winning any Prize requires that the potential winner of the Prize is, and remains, in compliance with these Official Rules. Until a potential winner completes the Release Form and is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules, and/or not being eligible to participate in the Contest. Incomplete or unintelligible waiver and release forms will disqualify a Contestant at the Sponsor’s sole discretion. Once submitted, waiver and release forms become the property of the Sponsor. If a potential winner cannot accept a Prize as stated that Prize will be forfeited in its entirety.
7. GENERAL CONDITIONS: In the event the Giveaway does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of Force Majeure, or for any other reason, then Sponsor regrets that the Prize will be forfeited and no other or additional compensation will be awarded. No cash alternative or substitution of the Prize will be allowed. In the event an Entrant or any of his or her guests engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify an Entrant. Each Prize winner, acknowledges and agrees that acceptance of a Prize constitutes Prize winner’s permission for Sponsor, Producer, and any of their respective parent, subsidiary, or affiliated companies, franchisees, or the licensees or designees of each, to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation or authorization, except where such condition is prohibited by law. Entrants agree that Sponsor, Producer, and each of their respective parent companies, franchisees, affiliates, subsidiaries, local corporate advertising cooperatives, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Contest Entities”) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Giveaway or any other Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any Prize. Without limiting the generality of the foregoing, the Contest Entities are not responsible for any printing errors, clerical, typographical or other error in the offering or announcement of any Prize or in any prize notification documents, or other errors of any kind or nature. The Contest Entities do not assume any responsibility for any disruption in the Giveaway caused by Giveaway schedule changes or cancellations.
8. DISQUALIFICATION/FORCE MAJEURE: It is the Entrant’s responsibility to ensure that he/she has complied with the terms and conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who has tampered with the entry process or the operation of the Contest; violated these Official rules; or acted in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. Only the type and quantity of Prizes described in these Official Rules will be awarded. Any Prizes that are not duly claimed in accordance with these Official Rules will not be awarded.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of the Contestant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
10. ARBITRATION: By participating in this Contest each Contestant agrees that: This Agreement shall be governed in all respects by the laws of the State of Hawaii, excluding the application of any conflict of laws principles and/or rules and all proceedings shall be held in the State of Hawaii. The Parties submit to the jurisdiction of Hawaii related to any and all disputes arising herefrom. Any and all claims, controversies or disputes arising out of or relating to this contest, contract/agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one/three arbitrator(s) in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator(s) is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.
11. WINNERS LIST/OFFICIAL RULES: The names of each winning Contestant will be posted on the Giveaway page: https://www.apealz.com/contests/page/cutouts-giveaway. To receive a list of winners and rules after, send a self-addressed, stamped envelope to: Executive Board Sports, LLC, Legal & Brand Services, Attn: Designated Agent, P.O. Box 1415, Koloa, HI 96756 no later than 30 days from ending of the contest.
12. SPONSOR(S): Executive Board Sports, LLC, P.O. Box 1415, Koloa, HI 96756
Runs October 1 thru 31, 2021 with your entry! Winners will be announced at the beginning of the next APEALZ sponsored PETER DRAWS video.
Giveaways end on or around November 1, 2021.
For specific details and information regarding the following items: (a) Contest Start Date and Time; (b) Contest End Date and Time; (c) Contest Submission Deadline; and (d) Contest Content Submission Additional Guidelines – please review the contest detail page for that specific contest.
Prizes for this Giveaway include:
a.) One (1) APEALZ product given to up to five (10) viewers who entered the Product Giveaway via our contest form: https://www.apealz.com/contests/page/cutouts-giveaway; comprised of the following: (i) 4" Chaka Cutout Sticker or; (ii) 4" Thumbs Up Cutout Sticker (iii) no substitutions for design or product are available in these Giveaways.
b.) There will be a total of 10 product Giveaways, with winners announced in three blocks. That means up to 10 unique viewers can win one (1) free APEALZ product during this Giveaway. You can win in any one (1) planned Giveaways, but not more than one (1), should your name be randomly drawn as a winner.
c.) Some of the prizes require that a winner accept the terms and conditions of the APEALZ websites, such as signing up for the APEALZ email list. Therefore, for any winner to accept such prizes, then they would have to agree to signing up for email at time of registration. If the winner accepts such terms and conditions with APEALZ, then the winner shall receive an APEALZ product as specified on the detail page.