shopkick

“Kicking for a Cause” Contest

OFFICIAL RULES

The “Kicking for a Cause” Contest (the “Contest”) is intended for legal residents of the 50 United States of America (“USA”), including the District of Columbia (“D.C.”), and shall only be construed and evaluated according to the laws of the USA.  Void in Puerto Rico and U.S. territories. By participating, those who participate in the Contest (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest.

SPONSOR/ADMINISTRATOR: The Contest is sponsored by shopkick Inc., 900 Middlefield Road, Redwood City, CA  94063 (the “Sponsor”), and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).

ELIGIBILITY: The Contest is open and offered only to legal residents of the USA (including D.C), who have reached the age of majority in his or her state of residence at the time of entry. Residents of Puerto Rico and U.S. territories are not eligible. Employees of the Sponsor, the Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with the Contest are ineligible to participate in the Contest.  Void where prohibited or restricted by law.

HOW TO PARTICIPATE IN THE CONTEST: The Contest will begin at 12:00:01 a.m. Eastern Time (“ET”) on July 17, 2017, and end at 11:59:59 p.m. ET on August 20, 2017 (“Contest Period”). The Sponsor’s database clock is the official time-keeping device for the Contest. The Sponsor will identify five (5) charities competing for the Grand Prize:

1. AdoptAClassroom.org
2. American Red Cross
3. Feeding America
4. National Breast Cancer Foundation, Inc.
5. Room to Read

Entrants will be given the opportunity to complete a form (in-app) to request being added to a one (1) of the Teams. To participate in the Contest, Entrants must download the shopkick app to a personal mobile device/tablet thru the appropriate app store and create/set up a personal shopkick account within the app. Downloading the app and creating an account are free of charge.

Once on a Team, Entrants can earn kicks for their team by performing any of the following actions within the app:

  1. Store Check-Ins
  2. Scanning product barcodes
  3. Watching videos
  4. Browsing content
  5. Inviting friends
  6. Submitting receipts
  7. Purchasing with a linked credit card
  8. Visiting online shops

 

By entering the Contest, you agree to be bound by these terms and the Sponsor’s standard Terms of Service found at http://www.shopkick.com/terms-of-service (together, the "Terms"). You also acknowledge that the Sponsor may collect, use and disclose certain information you provide in connection with this Contest as set forth in our Privacy Policy found at http://www.shopkick.com/privacy-policy.  The Sponsor reserves the right to change the Terms at any time and without notice to you; updates will be posted at http://www.shopkick.com/terms-of-service.

WINNER DETERMINATION: The Team that has accumulated the most kicks during the Contest Period will be deemed the potential Grand Prize Winner (pending final approval and verification of the Sponsor).

GRAND PRIZE & PRIZE CONDITIONS: There will be one (1) Prize awarded following the Contest. The winning charity/Grand Prize Winner (“Winner”) will receive a $50,000 donation. No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize with another of comparable or greater value.

By accepting a Prize/donation, the winning charity agrees to release and hold harmless 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. The winning charity will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. By accepting the Prize, where permitted by law, the winning charity grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the charity’s full name, pictures, likeness, etc. for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.

GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention; (c) fraud; (d) technical failures, or (e) any other causes of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries/kicks/points received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules.  Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT 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. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from participating in the Contest; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize.  Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest.  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 Released Parties be liable for attorney’s fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

DISPUTES: By entering the Contest, Entrants agree that 1) 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; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and 3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with the laws of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than California. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.