KLARSTEIN CONTEST/SWEEPSTAKES OFFICIAL RULES
Klarstein contest/sweepstakes (the "Sweepstakes") is open to legal residents of 49 contiguous United States (including the District of Columbia), Alaska and Hawaii, who are at least eighteen (18) years old at the time of entry. Sweepstakes is void in all areas outside of the 49 contiguous United States (including the District of Columbia), Hawaii and Alaska, and where prohibited by law. Employees of the Sponsor or any company associated with the promotion of the Sweepstakes and their respective parents, subsidiaries, affiliates, franchisees and advertising and promotion agencies, as well as the immediate family (spouses, parents, siblings, and children) and household members of such employees, are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
The Sweepstakes is sponsored by Berlin Brands Group Inc. (the "Sponsor"), located at 101 Montgomery Street, Suite 2050, San Francisco, CA 94104.
3. Agreement to Official Rules
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Sweepstakes Period
The Sweepstakes occur on a monthly basis, and commence on the first day of each month at 12:01am Pacific Standard Time and ends on the last day of each month at 11:59pm Pacific Standard Time (the "Sweepstakes Period"). Sponsor's database clock will be the official timekeeper for the Sweepstakes. Sponsor may cease the Sweepstakes at any time after conclusion of the then current monthly Sweepstakes Period.
The winner of each monthly Sweepstakes will receive an Amazon voucher for KLARSTEIN products as a grand price (the "Price"). This voucher cannot be redeemed for cash. Berlin Brands Group Inc. is not responsible for lost, misplaced, stolen, or unauthorized use of voucher. Lost, misplaced or stolen vouchers will not be replaced. As permitted by law, Berlin Brands Group Inc. disclaims any and all direct or implied warranties. The odds of winning Prize depend on the number of valid Entries, as defined herein, received in the Sweepstakes Period. Prize cannot be transferred, redeemed for cash or substituted by the winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if Prize is unavailable or cannot be awarded, in whole or in part, for any reason. The approximate verifiable retail value of Prize represents Sponsor's good faith determination, which is final and binding and cannot be appealed. If the actual value of Prize turns out to be less than the stated approximate retail value, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of Prize. Restrictions, conditions, and limitations may apply. Sponsor will not replace Prize if it is lost or stolen. All federal, state or local taxes, fees, or surcharges associated with the receipt or use of Prize are the sole responsibility of the winner. Sponsor will issue an IRS 1099 form to the winner for the retail value of Prize. Failure to comply with the Official Rules will result in forfeiture of Prize.
6. How to Enter
NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE SWEEPSTAKES. The purchase of any goods or services from the Sponsor will not improve the odds of winning. An individual may enter the Sweepstakes by sending to the Sponsor an e-mail or posting content, including but not limited to products of Sponsor and usage thereof, via the social media platform Instagram using the hashtag #myklarstein (the “Entries”). Sponsor will make available further instructions on www.klarstein.com/contest. No other correspondence or contact will be accepted as an entry in the Sweepstakes. Entries that are misdirected, lost, incorrect or incomplete upon receipt by Sponsor, for any reason, including, without limitation, by reason of hardware, software, browser, or network failure, malfunction, or incompatibility with Sponsor's or other third party servers involved in the entry process, will not be eligible. Any actions on Instagram may be subject to its applicable policies, and Sponsor shall not be liable for any violations thereof. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
7. Winner Selection
In and around the month following the Sweepstake Period, the Sponsor will select potential winners by random selection. The odds of being selected are affected by the total number of Entries into the Sweepstakes. The Sponsor will attempt to notify the potential winner via messaging or email. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non−winning, eligible Entries. If a potential winner cannot be contacted within the required time period, or if a prize notification is returned as undeliverable, the potential winner forfeits the prize. If the potential winner is under 18 − or at least 18 but still considered a minor in his/her jurisdiction of residence − the Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to fulfill any requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, the Sponsor may reward the applicable prize to an alternate winner from among all remaining eligible entries.
8. General Conditions
In the event that the operation, security, or administration of the Sweepstakes 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 Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random 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 Sweepstakes 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 www.Klarstein.com or undermine the legitimate operation of the Sweepstakes 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 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.
9. Release and Limitations of Liability
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, 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 transmissions, 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 Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes or in any Sweepstakes−related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant's participation in the Sweepstakes or acceptance, receipt or misuse of a prize (including any travel or activity related thereto). 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 Sweepstakes, and in no event shall the entrant be entitled to receive attorney fees. 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 Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Delaware.
12. Winners List/Rules
A copy of these Official Rules is available at www.klarstein.com. A copy of the Official Rules can also be obtained by sending a written request, along with a self-addressed, stamped envelope, to Sponsor's name and address as listed herein. Attention: Sweepstakes. The name of the winner will be available within ten (10) days from the date of the Winner Selection upon request at no charge by writing to Sponsor at [email protected]. Subject: Sweepstakes Winner Request.