Privacy Policy of Manu Kea Inc
Effective as of 21 June, 2019.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Manu Kea Incorporated Summer 2019 Thermal Cooker Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States and the District of Columbia, who are age 18 or older at the time of entry. Void outside the U.S.A., in Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and wherever else prohibited by law. Employees of Manu Kea Incorporated (the “Sponsor”) and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
SWEEPSTAKES ENTRY PERIODS: There are five (5) separate and unique entry periods for the 2019 promotion. Entry for the “Twice Monthly Sweepstakes Periods” are:
TWICE MONTHLY PERIODS: Entries must be received during a specific Twice Monthly Entry Period to be eligible for that specific Twice Monthly Entry Period’s drawing and prize. Non-winning entries for a specific Twice Monthly Entry Period will not roll over to subsequent Twice Monthly Entry Periods. Sponsors sweepstakes administrator’s computer is the official timekeeping device for this Sweepstakes. No guarantee is made or expressed that the notifications and notification periods will remain publicly posted and available on Facebook Incorporated electronic servers during the five Sweepstakes Entry Periods. Notifications on Facebook Incorporated electronic serves for the Sweepstakes Entry Periods are considered general times.
HOW TO ENTER: There is only one way to enter this sweepstakes.
To enter, eligible Entrants must select the ‘like’ button or enter a ‘comment’ on the Manu Kea Incorporated Facebook sweepstakes notification post or sweepstakes recipe post on the Manu Kea Incorporated Facebook business page for that specific Twice Monthly Sweepstakes Period titled post. Only individual (personal) accounts may be used. No business (or other group) accounts on Facebook will be allowed to enter the sweepstakes.
Entrants must follow established Facebook standards, instructions and policies for ‘comments’ and ‘likes’ as documented on that website. Maximum one entry into each sweepstakes period every 15-days. All information received becomes the property of the Sponsor and will not be sold to any third party. Proof of entry does not constitute proof of submission. All information is subject to verification. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy which can be found at: https://www.manukea.com/privacy-policy.html and Facebook Incorporated Privacy Policy which can be found at: https://www.facebook.com/about/privacy.
Any derogatory, offensive, or unsuitable comments made about a sweepstakes post is subject to removal and further blocking of a Facebook account holder in accordance with established Facebook Incorporated policies. In such a case, the entry submission is not considered valid and will be disqualified in the Twice Monthly Entry Period.
LIMIT: One (1) Entry per person with an active, individual Facebook account regardless of the method of entry per 15-day period. All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Twice Monthly Prizes: One (1) Grand Prize is available to be won during each of the Twice Monthly Entry Periods, for a total of five (5) Grand Prizes during the 2019 promotion.
Grand Prize is a stainless steel Tayama Thermal Cooker. Either a model TXM-50CF or a TXM-70CFZ with paid delivery postage (ARV $100 each). Total ARV of all Grand Prizes for 2019: $500.00
The total maximum ARV of all prizes available to be won: $500.00.
The selection of which model is to be awarded is determined by the Entrant.
There is a limit of one (1) Twice Monthly entry per person. Odds of winning a Twice Monthly Prize will depend upon the total number of eligible entries (Facebook ‘likes’ or 'comments') received per corresponding Twice Monthly Prize Entry Period.
The Sponsor will provide postage based upon the location of a Prize winner in the U.S.A. The selection of carrier is based solely upon the Sponsor and shall not include expedited or priority handling.
RANDOM DRAWINGS: Random Drawings will be conducted by the Sweepstakes Administrator, a Sponsor employee, whose decisions are final and legally binding. The potential Prize winners will be selected in a series of random drawings from among all eligible entries received at the end of the corresponding entry period.
The prize will be awarded within approximately 15 days after the winner is verified. If a Prize is returned as undeliverable or if the potential winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate potential winner may be selected in a separate random drawing.
PRIZE CONDITIONS: Twice Monthly Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or lesser value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of Manu Kea Incorporated. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
PROVIDED RECIPES DURING SWEEPSTAKES PERIOD: These recipes are provided as a resource and educational tool only, and no food safety guarantees are made or implied. The Sponsor is not liable for any failure to meet generally accepted food safety guidelines that may arise during Entrants’ cooking. Every effort is made to ensure that the provided recipes meet established food safety standards. Follow the manufacturer’s instructions for your thermal cooker, to include making changes to the provided recipes, when necessary to ensure proper food safety standards. At a minimum use a food thermometer to ensure that your food has been cooked and stored at a safe temperature. As with all cooking, it is important to follow generally accepted food safety guidelines. These guidelines are now kept updated by the culmination and support of several US Government agencies and can be found at: https://www.foodsafety.gov/.
GENERAL: Although subsequent attempts to enter on a given Entry Period may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate Facebook accounts, will be disqualified.
Participating entrants agree to all of these Official Rules and the decisions of Manu Kea Incorporated and release Manu Kea Incorporated, the Sweepstakes Administrator and Sponsor, Facebook Incorporated, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as any past, present or future employee, officers, directors, incorporators, members, partners, stockholders, subsidiary, affiliate, controlling partner, entity under common control, ownership or management, vendor, service provider, attorney or agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Manu Kea Incorporated and Facebook Incorporated are not responsible for any typographical or other error in the communication of the offer, administration of the Sweepstakes or in the announcement of the prize(s).
Sweepstakes is not sponsored, endorsed or administered by Tayama, nor is Tayama associated with the Sweepstakes in any way. You understand that you are providing information to the Sponsor and not to Tayama. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor or Administrator, and not to Tayama. Tayama is a registered trademark of Tayama.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the established Facebook account submitted at time of entry. Authorized Account Holder means the natural person who is assigned to a specific Facebook individual account by Facebook Incorporated, a social media diversified corporation that is responsible for assigning individual user accounts within the domain of their computer software and hardware servers. The Sponsor may ask any entrant or potential winner to provide proof that such party is the Authorized Account Holder of the Facebook account associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, 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 Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination. All prizes must be claimed by midnight (12:00 am EST) October 31, 2019. Any prize not claimed by a winner at that time will not be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEB SITE ASSOCIATED OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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 TWENTY-FIVE DOLLARS ($25.00), 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 TWENTY-FIVE DOLLARS ($25.00), 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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Jacksonville, Florida, USA and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator as selected by Manu Kea Incorporated. In the event Manu Kea Incorporated is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Jacksonville, Florida, USA. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Jacksonville, Florida, USA.
Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: Any and all personal information collected from entrants are subject to the Facebook Privacy Policy, which can be found at https://www.facebook.com/about/privacy.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope to:
Manu Kea Summer 2019 Thermal Cooker Sweepstakes
Official Rules Request
840 Edgewood Ave South, Suite 222
Jacksonville, Florida 32205
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available for the preceding year after the first of May 2020), send a stamped, self-addressed envelope (no later than 3 July, 2020), to:
Manu Kea Summer 2019 Thermal Cooker Sweepstakes
Winner Confirmation Request
840 Edgewood Ave South, Suite 222
Jacksonville, Florida 32205
SPONSOR: Manu Kea Incorporated, 840 Edgewood Ave South, Suite 222, Jacksonville, Florida 32205.
Void outside the U.S., in Puerto Rico, Guam, AMERICAN SAMOA, the U.S. Virgin Islands and wherever else prohibited by law.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Manu Kea Incorporated Summer 2019 Thermal Cooker Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States and the District of Columbia, who are age 18 or older at the time of entry. Void outside the U.S.A., in Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and wherever else prohibited by law. Employees of Manu Kea Incorporated (the “Sponsor”) and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
SWEEPSTAKES ENTRY PERIODS: There are five (5) separate and unique entry periods for the 2019 promotion. Entry for the “Twice Monthly Sweepstakes Periods” are:
- 23 June 2019 until 08 July 2019: begins at 6:00:00 AM Eastern Daylight Savings Time (“EDT”) on Sunday and ends at 5:59:59 PM EDT two Mondays afterwards (the first Twice Monthly Sweepstakes Period) for the duration of the 2019 promotion.
- 09 July 2019 until 23 July 2019: begins at 6:00:00 AM EDT on Tuesday and ends at 5:59:59 PM EDT two Tuesdays afterwards (the second Twice Monthly Sweepstakes Period) for the duration of the 2019 promotion.
- 24 July 2019 until 07 August 2019: begins at 6:00:00 AM EDT on Wednesday and ends at 5:59:59 PM EDT two Wednesdays afterwards (the third Twice Monthly Sweepstakes Period) for the duration of the 2019 promotion.
- 08 August 2019 until 22 August 2019: begins at 6:00:00 AM EDT on Thursday and ends at 5:59:59 PM EDT two Thursdays afterwards (the fourth Twice Monthly Sweepstakes Period) for the duration of the 2019 promotion.
- 23 August 2019 until 06 September 2019: begins at 6:00:00 AM EDT on Friday and ends at 5:59:59 PM EDT two Fridays afterwards (the fifth and final Twice Monthly Sweepstakes Period) for the duration of the 2019 promotion.
TWICE MONTHLY PERIODS: Entries must be received during a specific Twice Monthly Entry Period to be eligible for that specific Twice Monthly Entry Period’s drawing and prize. Non-winning entries for a specific Twice Monthly Entry Period will not roll over to subsequent Twice Monthly Entry Periods. Sponsors sweepstakes administrator’s computer is the official timekeeping device for this Sweepstakes. No guarantee is made or expressed that the notifications and notification periods will remain publicly posted and available on Facebook Incorporated electronic servers during the five Sweepstakes Entry Periods. Notifications on Facebook Incorporated electronic serves for the Sweepstakes Entry Periods are considered general times.
HOW TO ENTER: There is only one way to enter this sweepstakes.
To enter, eligible Entrants must select the ‘like’ button or enter a ‘comment’ on the Manu Kea Incorporated Facebook sweepstakes notification post or sweepstakes recipe post on the Manu Kea Incorporated Facebook business page for that specific Twice Monthly Sweepstakes Period titled post. Only individual (personal) accounts may be used. No business (or other group) accounts on Facebook will be allowed to enter the sweepstakes.
Entrants must follow established Facebook standards, instructions and policies for ‘comments’ and ‘likes’ as documented on that website. Maximum one entry into each sweepstakes period every 15-days. All information received becomes the property of the Sponsor and will not be sold to any third party. Proof of entry does not constitute proof of submission. All information is subject to verification. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy which can be found at: https://www.manukea.com/privacy-policy.html and Facebook Incorporated Privacy Policy which can be found at: https://www.facebook.com/about/privacy.
Any derogatory, offensive, or unsuitable comments made about a sweepstakes post is subject to removal and further blocking of a Facebook account holder in accordance with established Facebook Incorporated policies. In such a case, the entry submission is not considered valid and will be disqualified in the Twice Monthly Entry Period.
LIMIT: One (1) Entry per person with an active, individual Facebook account regardless of the method of entry per 15-day period. All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Twice Monthly Prizes: One (1) Grand Prize is available to be won during each of the Twice Monthly Entry Periods, for a total of five (5) Grand Prizes during the 2019 promotion.
Grand Prize is a stainless steel Tayama Thermal Cooker. Either a model TXM-50CF or a TXM-70CFZ with paid delivery postage (ARV $100 each). Total ARV of all Grand Prizes for 2019: $500.00
The total maximum ARV of all prizes available to be won: $500.00.
The selection of which model is to be awarded is determined by the Entrant.
There is a limit of one (1) Twice Monthly entry per person. Odds of winning a Twice Monthly Prize will depend upon the total number of eligible entries (Facebook ‘likes’ or 'comments') received per corresponding Twice Monthly Prize Entry Period.
The Sponsor will provide postage based upon the location of a Prize winner in the U.S.A. The selection of carrier is based solely upon the Sponsor and shall not include expedited or priority handling.
RANDOM DRAWINGS: Random Drawings will be conducted by the Sweepstakes Administrator, a Sponsor employee, whose decisions are final and legally binding. The potential Prize winners will be selected in a series of random drawings from among all eligible entries received at the end of the corresponding entry period.
The prize will be awarded within approximately 15 days after the winner is verified. If a Prize is returned as undeliverable or if the potential winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate potential winner may be selected in a separate random drawing.
PRIZE CONDITIONS: Twice Monthly Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or lesser value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of Manu Kea Incorporated. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
PROVIDED RECIPES DURING SWEEPSTAKES PERIOD: These recipes are provided as a resource and educational tool only, and no food safety guarantees are made or implied. The Sponsor is not liable for any failure to meet generally accepted food safety guidelines that may arise during Entrants’ cooking. Every effort is made to ensure that the provided recipes meet established food safety standards. Follow the manufacturer’s instructions for your thermal cooker, to include making changes to the provided recipes, when necessary to ensure proper food safety standards. At a minimum use a food thermometer to ensure that your food has been cooked and stored at a safe temperature. As with all cooking, it is important to follow generally accepted food safety guidelines. These guidelines are now kept updated by the culmination and support of several US Government agencies and can be found at: https://www.foodsafety.gov/.
GENERAL: Although subsequent attempts to enter on a given Entry Period may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate Facebook accounts, will be disqualified.
Participating entrants agree to all of these Official Rules and the decisions of Manu Kea Incorporated and release Manu Kea Incorporated, the Sweepstakes Administrator and Sponsor, Facebook Incorporated, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as any past, present or future employee, officers, directors, incorporators, members, partners, stockholders, subsidiary, affiliate, controlling partner, entity under common control, ownership or management, vendor, service provider, attorney or agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Manu Kea Incorporated and Facebook Incorporated are not responsible for any typographical or other error in the communication of the offer, administration of the Sweepstakes or in the announcement of the prize(s).
Sweepstakes is not sponsored, endorsed or administered by Tayama, nor is Tayama associated with the Sweepstakes in any way. You understand that you are providing information to the Sponsor and not to Tayama. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor or Administrator, and not to Tayama. Tayama is a registered trademark of Tayama.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the established Facebook account submitted at time of entry. Authorized Account Holder means the natural person who is assigned to a specific Facebook individual account by Facebook Incorporated, a social media diversified corporation that is responsible for assigning individual user accounts within the domain of their computer software and hardware servers. The Sponsor may ask any entrant or potential winner to provide proof that such party is the Authorized Account Holder of the Facebook account associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, 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 Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination. All prizes must be claimed by midnight (12:00 am EST) October 31, 2019. Any prize not claimed by a winner at that time will not be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEB SITE ASSOCIATED OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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 TWENTY-FIVE DOLLARS ($25.00), 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 TWENTY-FIVE DOLLARS ($25.00), 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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Jacksonville, Florida, USA and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator as selected by Manu Kea Incorporated. In the event Manu Kea Incorporated is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Jacksonville, Florida, USA. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Jacksonville, Florida, USA.
Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: Any and all personal information collected from entrants are subject to the Facebook Privacy Policy, which can be found at https://www.facebook.com/about/privacy.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope to:
Manu Kea Summer 2019 Thermal Cooker Sweepstakes
Official Rules Request
840 Edgewood Ave South, Suite 222
Jacksonville, Florida 32205
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available for the preceding year after the first of May 2020), send a stamped, self-addressed envelope (no later than 3 July, 2020), to:
Manu Kea Summer 2019 Thermal Cooker Sweepstakes
Winner Confirmation Request
840 Edgewood Ave South, Suite 222
Jacksonville, Florida 32205
SPONSOR: Manu Kea Incorporated, 840 Edgewood Ave South, Suite 222, Jacksonville, Florida 32205.
Void outside the U.S., in Puerto Rico, Guam, AMERICAN SAMOA, the U.S. Virgin Islands and wherever else prohibited by law.
