Giveaway Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A SARDA™ GIVEAWAY. A PURCHASE OR PAYMENT OF ANY KIND BY A CUSTOMER WILL NOT INCREASE CHANCES OF WINNING. GIVEAWAYS AND/OR PRIZES VOID WHERE PROHIBITED BY LAW.

From time to time, SARDA™ INC (“Promoter”) through its employees or management, may conduct contests, sweepstakes or giveaways (herein referred to as a “Giveaway”) on online platforms, including live/recorded broadcasts, including giveaways not previously announced (aka “Flash” or “Instant Giveaways”). By participating in a Giveaway, each entrant/contestant unconditionally accepts and agrees to comply with and abide by these “Official Rules,” including Promoter’s interpretation of these Official Rules, which shall be final and binding in all respects.

Promoter may, from time to time, conduct promotions, including sweepstakes, for which Promoter publishes specific rules. In the event there is a discrepancy or inconsistency between these Official Rules and the promotion-specific rules, the promotion-specific rules shall govern.

RULES

1. Eligibility. Individuals who are at least 18 years of age at the time of entry are eligible for entry into Giveaways. Employees, officers and directors of Promoter, its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively with Promoter, the “Giveaway Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Giveaway or win a prize. For purposes of this Giveaway, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address.

2. Entering a Giveaway. Promoter will give instructions on how to enter each Giveaway by stating such instructions on online platforms or broadcasts depending on the online platform on which Promoter is implementing the Giveaway. The exact dates and method of entry for each Giveaway are referred to herein as the “Promotion Period.” A limit of 1 entry per person (regardless of method) will be accepted during each Promotion Period. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being voided. Entries generated by a script, computer program, macro, programmed, robotic or other automated means are void and may be voided. Entries which do not follow all of the instructions, provide the required information in connection with entry, and abide by these Official Rules or other instructions of Promoter may be voided. Promoter assumes no responsibility for entrants not making timely entries as a result of delays in internet streaming or other technical delays and is not responsible for lost, late, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Information collected from entrants may be used by Promoter in accordance with, and subject to, Promoter’s Privacy Policy.

BY ENTERING THE GIVEAWAY AND ACCEPTING PRIZES/REWARDS, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

3. Winner and Claiming Prizes. Giveaway winners will be determined according to the method specified by Promoter at Promoter’s sole and exclusive discretion. Decisions of Promoter as to the selection of the winner(s) will be final. The potential winner(s) will be notified using the information provided by the entrant in connection with entry, and such notification may be accomplished by email, telephone, mail, social media post (if entry is completed on a social media platform), or through a direct message on a social media platform (method to be selected by Promoter in its sole discretion), within a commercially reasonable time after the Promotion Period. Promoter is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred (i) immediately upon notification by email, phone call, or via a social media platform, or (ii) three (3) days after mailing if notification is conducted by mail. If a potential winner cannot be contacted or does not respond to claim his or her prize within FIVE (5) business days after the contest winner(s) are announce, he or she will be disqualified. In the event a prize goes unclaimed, Promoter reserves the right to announce an alternate winner by the same terms the contest was previously run, or select a winner in their own discretion, or cancel the contest.

Promoter is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s). If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor, or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. The winner(s) may also be required to provide Sponsor with a valid social security number for tax reporting purposes before the prize(s) will be awarded. An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which he or she resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received.

4. Prize(s) and Values.

Prize(s) are non-transferable, have no cash value and shall have no cash redemptions, equivalents, or substitutions, except at Promoter’s sole and absolute discretion. Promoter reserves the right to substitute a prize of equal or greater value. All prize details not specified in these Official Rules and the applicable Giveaway advertisement will be determined in Promoter’s sole and absolute discretion. All prize(s) are 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). Winners are responsible for all applicable federal, state, provincial, municipal and local taxes and all other costs and expenses associated with prizes. Promoter may in their sole, absolute discretion limit the prizes awarded to previous winners within the last twelve months. The odds of winning a prize depend on the number of eligible entries received.

5. Publicity Release; License. Subject to applicable law, by accepting a prize, winner(s) irrevocably grant Promoter and its affiliates, successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Giveaway, in all forms of media and by all manners (now and hereafter known), and in connection with products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation or, notice.

All entrants submitting materials/content as part of a Giveaway entry shall be deemed to grant to Promoter a non-exclusive, royalty-free, worldwide license (with the unlimited right to sublicense) to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes), with the right to modify the materials and make derivative works thereof, without any further consideration to the entrant. Entrant represents and warrants that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity, and the use thereof will not result in any third party liability or obligations. Promoter reserves the right to reject any content, in Promoter’s sole discretion, based on the operating practices and policies established by Promoter and the terms set forth herein.

6. Termination. In the event Promoter is prevented from continuing with a Giveaway by any event beyond its control, Promoter shall have the right to modify, suspend or terminate the Giveaway or prize. Promoter additionally reserves the right, in its sole and absolute discretion, to modify, suspend or terminate the Giveaway should causes beyond Promoter’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway.

7. Waivers, Disclaimers and Releases. By participating in the Giveaway, entrant hereby releases, indemnifies, and holds harmless Promoter and its directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries of any kind arising out of or related to: (i) entrants’ participation in the Giveaway (including travel to/from any Giveaway activity); or (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity). Entrant agrees that the Released Parties shall have no responsibility or liability for any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or technical malfunctions of any kind.

8. Governing Law / Limitation of Liability. All disputes concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the parties in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

9. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in Promoter’s Privacy Policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Promoter’s sole and absolute discretion.

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