LOKAI HOLDINGS LLC

WOMEN'S DAY CONTEST OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

  1. Eligibility:  The “LOKAI BALANCING THE FIELD CONTEST” (the “Contest”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), EXCLUDING ALASKA AND HAWAII, WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. Employees, officers, directors, shareholders and agents, and their immediate families (parents, children, siblings, spouse) and/or those residing in the same household of each (whether related or not) of LOKAI HOLDINGS LLC (“LOKAI®” or “Sponsor”), its parent, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters related to this Contest. This Contest is subject to all applicable federal, state, and local laws.
  2. How to Enter: This Contest begins at 12:01 a.m. Eastern Standard Time (“EST”) on March 2, 2020 and ends at 11:59:59 p.m. EST on March 20, 2020 (the “Contest Period”). To enter the Contest, enter online at www.lokai.com (“the Contest Page”), where you may submit your design for a Women’s Empowerment LOKAI®, along with a short description of the meaning behind your design (in English), during the Contest Period. Download the LOKAI® bracelet template HERE. All final artwork may be submitted in the following file formats: .ai, .jpeg, .png, .pdf or .psd. Entries also require your first and last name, age, address, phone number, and email address. All entries must be received by 11:59:59 p.m. EST on March 20, 2020.

You may submit as many entries as you would like during the Contest Period, but you may not submit the same design more than once. Any attempt by any entrant to submit duplicate entries by using multiple/different email addresses, identities, registrations or logins, or any other methods will void that entrant's entries and may disqualify the entrant. Any use of automated or programmed methods of effecting entry is prohibited. In event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the email address is registered. All entries (including all artwork) become the sole and exclusive property of Sponsor as “works-for-hire” (including all copyrights therein and thereto) and will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Entries that do not comply with these Official Rules in all respects are ineligible and void.

  1. Winner Selection: Round 1: The entries of three (3) potential finalists (the “Finalists”) shall be chosen on or about April 4, 2020, from among all eligible entries received, by a panel of two (2) experienced judges (the “Judges”) from Sponsor, consisting of its top executives within Lokai familiar with the “Balancing The Field” Campaign (the “Campaign”), such as the Lokai Brand Strategist (who is leading the Campaign) and/or the President of Lokai. The entries shall be judged based on appropriateness to theme (25%), functionality (15%), visual design (15%), creativity (15%), uniqueness of concept (15%) and innovative means of delivering the message (15%). Round 2: A winner (the “Winner”) shall be determined from the three Finalists by one of the Judges. If Sponsor determines, in its sole discretion and at any time during the Contest, that any entry violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or otherwise violates these Official Rules, Sponsor reserves the right to remove and disqualify the entry at any time. The decisions of Sponsor will be final and binding in all matters relating to this Contest.
  2. Prize: The Winner shall receive a cash prize in the amount of One Thousand Dollars ($1,000.00) (the “Prize”).   The Prize shall also consist of Sponsor’s use of the Winner’s design to manufacture the Women’s Empowerment LOKAI®, which shall be launched for sale on August 26, 2020 on Lokai.com. One Dollar ($1.00) from each bracelet sold will be donated to Global Fund for Women, to benefit their mission to fight for the human rights of women and girls by finding, funding, and amplifying the courageous work of women who are building social movements and challenging the status quo. The Winner’s story will also be featured on Lokai.com and on @livelokai. All Prizes are non-transferable.  No substitutions or cash redemptions allowed, except by Sponsor, in its sole discretion. Any depiction of a Prize is for illustrative purposes only. The collective ARV of all Prizes awarded is $1000.00. A Prize includes delivery of the Prize to a single location within the United States. Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize received, regardless of whether it, in whole or in part, is used. All details of the Prize not specified herein or below in paragraph 5 shall be determined by Sponsor in its sole discretion.
  3. Conditions of Prize: The Prize is 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).  Notwithstanding the foregoing, the Prize shall be subject to such product’s standard manufacturer’s warranty and repair policy. Sponsor shall be responsible for any and all shipping and handling costs associated with the delivery; however, Sponsor shall not be responsible for any delay, mis-delivery, or loss by a common carrier after Sponsor’s delivery thereto, nor for any reason whatsoever beyond Sponsor’s control. Winner may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. Winner may receive an IRS Form 1099 form from Sponsor at the end of the calendar year, and a copy of such form should be filed with the IRS. An unclaimed Prize will be forfeited.  The Prize, if legitimately claimed, will be awarded.  Sponsor is not responsible for and will not replace a lost, mutilated or stolen Prize or a Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address.  If the Winner does not accept the Prize, the unaccepted Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize.  No more than the stated Prize(s) above will be awarded. Other restrictions may apply.
  4. Winner Notification: The Winner will be contacted via email and must respond to such notification within five (5) business days of date of notification to claim Prize. If a Winner cannot be contacted or does not respond to the winner notification within five (5) business days of first notification attempt, if the prize notification is returned as undeliverable, if a Winner rejects his/her Prize, or in the event of a Winner’s noncompliance with these Official Rules and requirements, such Prize will be forfeited by that Winner and an alternate Winner will be selected from all remaining eligible Entries. Upon Prize forfeiture, no compensation will be given.
  5. Additional Terms: Participation in the Contest and acceptance of a Prize constitutes the Winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by a Winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. In the event of a dispute regarding entries received from multiple entrants having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. An authorized account subscriber is a natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Entrants who do not comply with these Official Rules, or who attempt to interfere with this Contest in any way shall be disqualified. Entrants and selected Winners hereby expressly and forever waive their moral rights arising under United States federal law, United States state law, and under the laws of any other country that conveys rights of the same nature or any other type of moral right or droit moral.
  6. Limitations on Liability: By participating, entrants and Winner(s) agree to release and hold harmless Sponsor, its advertising and promotion agencies, its third party web and social media sites through which this Contest is administered and/or conducted, and all of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with the Contest, or possession, acceptance and/or use or misuse of any prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in connection with this Contest. Sponsor is not responsible if this Contest cannot take place or if the Prize cannot be awarded due to interruptions resulting from acts of God, acts of war, natural disasters, weather or acts of terrorism. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should it be determined, in Sponsor’s sole discretion, that any virus, bugs, non-authorized human intervention, fraud or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE RELEASES CONTAINED HEREINABOVE, BY ENTERING THE CONTEST, EACH 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 CONTEST, 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), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) THE ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

  1. Winner Name: The name of the Winner may be obtained after June 1, 2020 by: emailing hello@mylokai.com.
  2. Sponsor: This Contest is sponsored by: LOKAI HOLDINGS LLC, 180 Varick Street, Suite 504, New York, NY 10014 USA.
  3. Governing Law: THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE CONTEST AREA SPECIFIED IN PARAGRAPH 1. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsor in connection with any drawing or Prize, shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to conflict of law principles. All actions shall be subject to the limitations set forth in paragraph 8above.

 

  1. Miscellaneous:  Sponsor’s failure (if any) to enforce any term of these Official Rules shall not constitute a waiver of that term or provision. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules 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.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any applicable website where the Contest may operate, 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 Sponsor’s sole and absolute discretion. Sponsor reserves the right to make changes or additions to these Official Rules at any time. The Official Rules contain the entire understanding between the entrants and Sponsor relating to the Contest.