Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN
DATES OF PROMOTION: The Keen.com Power Up Your Future Giveaway (“Promotion”) begins at 9:00am Eastern Daylight Time (EDT) on Wednesday, May 19, 2021 and ends at 9:00 pm EDT on Friday, June 11, 2021 (the “Promotion Period”). Eastern Time means the local time in New York City on the specified date. The Sponsor’s computer system is the official timekeeping device with respect to all matters relating to the Promotion.
ELIGIBILITY: The Promotion is open to Keen.com (“Sponsor”) Instagram followers and people who “Like” Keen.com on Facebook who, at the time of entry, are legal U.S. residents residing and physically located in any of the 50 United States or the District of Columbia, and who have reached the age of majority in the jurisdiction in which they live. Employees, officers, directors, agents or other representatives of Sponsor, Prize Sponsor or of any of their parent companies, subsidiaries, affiliates, sales representatives, retailers, advertising and promotion agencies, and any others engaged in the development, production, execution or distribution of this Promotion (“Promotion Entities”), and all members of their immediate families and persons living in the same household with them, whether or not related, are not eligible to participate in the Promotion. Immediate family members include spouse, parent, child, sibling, including step-parents, children, siblings, half siblings, and all their respective spouses, regardless of where they reside.
HOW TO ENTER/CREATE AN ENTRY: To be considered an entrant (“Entrant”) in the Promotion, take the following steps to create an entry (“Entry”):
1. Become a Follower: Follow Keen.com on [@keenpsychics] Instagram or like Keen.com on [@keenpsychics] Facebook.
2. Like the Post: Like the official giveaway post on either Facebook or Instagram. (Entering on both will not give entrants multiple entries.)
3. Comment on the post telling Keen.com what you’re excited about for your future: On the official giveaway post on either Facebook or Instagram, comment writing one thing you’re excited about for the future.
Limit one (1) Entry per person.
SPECIFICATIONS REGARDING ENTRIES: By participating in this Promotion, you (or your parent/guardian if you are a minor under the law where you reside) certify that your Entry is original, nothing in it has been previously published or won any other promotion, and that it does not contain any material that would violate or infringe on the rights of any third party, including copyrights, trademarks, or rights of privacy/publicity. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes contains obscene, offensive, or inappropriate content that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Promotion. The decision of the Sponsor is final and binding on all matters relating to the Promotion.
PUBLICITY RELEASE: By participating in this Promotion, you (or your parent/guardian if you are a minor under the law where you reside), grant permission for the Sponsor and the Promotion Entities to use your Entry, name, likeness, biographical information, and any Prize awarded, in connection with the Promotion, including announcements on Sponsor’s and Promotion Entities’ social media and web pages, as well as for future advertising and publicity in any and all media now existing or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
AGREEMENT TO OFFICIAL RULES: By participating in this Promotion, you (or your parent/guardian if you are a minor under the law where you reside) agree to the terms of these Official Rules.
USE OF PERSONAL INFORMATION: By participating in the Promotion, you (or your parent/guardian if you are a minor under the law where you reside) agree to use of your personal information by Sponsor and Promotion Entities for both online and offline direct marketing purposes, as well as for administration of the Promotion including, without limitation, verifying your eligibility, contacting you regarding your Entry, awarding the Prize, avoidance of fraud/tampering, compliance with legal obligations, and analytics and improvement of offerings. For additional information about how Sponsor uses your data and to opt-out of communications from Sponsor, visit Sponsor’s Privacy Policy at https://help.keen.com/hc/en-us/articles/1500000300002-Ingenio-Privacy-Policy.
WINNING & NOTIFICATION: Five (5) eligible Entries will be selected, at random, by a third-party random generator, on or about Monday, June 14, 2021, to be the potential prize winners (“Potential Winner”), from all timely submitted, eligible entries, after the close of the Promotion Period. The Potential Winner will be contacted via direct/private message, on or about Friday, June 18, 2021, to the Instagram account from which the Entry was posted to enter the Promotion. The Potential Winners must respond to the winner notification message and fulfill any additional requirements contained in the winner notification message, including signing and returning an Affidavit of Eligibility, and Liability and Publicity Release (“Release”) to Sponsor by 6:00pm on Friday, June 25, 2021. Upon satisfaction of these requirements, the Potential Winners will be declared the Winners. In the event that Sponsor is unable to contact the Potential Winners, or the Potential Winners does not comply with all requirements in the winner notification message within the timeframe stated, Sponsor will disqualify the Potential Winners and award the Prize to another eligible Entrant (a “Replacement Potential Winners”) in the same manner set out in these Official Rules for the original Potential Winners. The Replacement Potential Winners must comply with all the requirements of this paragraph and winner notification message, in the same timeframe, as if s/he had been selected as the original Potential Winner or be disqualified in the manner set forth in this paragraph, in which case additional Replacement Potential Winner(s) will be selected in the same manner as set forth in this paragraph, until the Prize is awarded. Odds of winning depend on the number of eligible Entries received.
PRIZE: The Winners will receive a $100 in Keen.com credits or $500 in Keen.com credits (PRIZE) valued at $100 or $500. The total Prize pool value is $1000 for all combined Winners, with five (5) $100 prizes and one (1) $500 prize. No prize substitutions except at the discretion of Sponsor or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if the Prize becomes unavailable due to reasons beyond the Sponsor’s control. The Prize is not transferable prior to award. The value of the Prize may be taxable as income, and the Winner is solely responsible for any taxes on the Prize, including, but not limited to, all applicable federal, state, and local taxes if applicable. Winner will be required to provide its social security number.
ENTRANT IDENTITY: In the event of a dispute regarding the identity of the individual entering the Promotion or of the Winner of any Prize, the authorized subscriber of the email account associated with the Instagram account used to participate in the Promotion will be deemed to be the Entrant and must comply with these Official Rules. Authorized subscriber means the natural person who is assigned the email address by the relevant Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address associated with the Instagram account used to participate in the Promotion.
DISQUALIFICATION: Sponsor reserves the right in its sole discretion permanently to disqualify from this Promotion, any person it believes has violated these Official Rules, is not eligible to participate, who has provided false information, has or intends to act in a harassing or unsportsmanlike manner with respect to Sponsor, any Promotion Entity, or any Entrant, or tampered with the operation of the Promotion, including by hacking, attempting to participate via multiple accounts, using any bot or other automatic means to affect participation in or operation of the Promotion, or to otherwise undermine the legitimate operation of the Promotion. Sponsor’s decisions as to all issues, including eligibility/disqualification, shall be final. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
LIMITATIONS OF LIABILITY: This Promotion is void where prohibited by law, and is subject to all applicable federal, state and local laws and regulations, and Sponsor’s Terms of Service and Privacy Policy. Sponsor is not responsible for any liability arising out of your participation in the Promotion, including without limitation, for any problems related to technical malfunctions of electronic equipment, computer online systems, servers, providers, computer hardware or software failures, phone lines, traffic, congestion on the internet or any website, unauthorized intervention, or for any other technical problems including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications which may limit a person’s ability to participate in the Promotion. Sponsor is not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Promotion, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Promotion, the announcement of Winner(s), or in any Promotion-related materials. If for any reason this Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or based on the technical, legal and policy requirements of the platform(s) by which it is made available, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, including awarding the Prize from among the Entries received up until the time of cancellation/suspension or modification that the Sponsor in its sole discretion determines are eligible and uncorrupted.
NO ASSOCIATION WITH INSTAGRAM AND RELEASE OF LIABILITY: This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram. By participating, you (or your parent/guardian if you are a minor under the law where you reside), agree to release, discharge, indemnify and hold harmless the Sponsor, Promotion Entities and Instagram, and each of their respective officers, directors, employees, representatives, and agents from and against any claims related in any way to or arising out of the operation of this Promotion or your participation in it, as well as any claims, damages or liability due to any injuries, damages or losses to any person (including death) or to property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Promotion-related activity or participation in this Promotion.
DISPUTES; GOVERNING LAW. By entering this Promotion, you (or your parent/guardian if you are a minor under the law where you reside) agree that: any action arising out of or relating to this Promotion or these Official Rules shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). The arbitration shall be held at a location in the state in which you live. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANYTHING AWARDED IN CONNECTION WITH THE GIVEAWAY, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these Official Rules, if the amount in dispute arising out of or relating to this Promotion or these Official Rules is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court. All claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall attorneys’ fees be awarded; and you waive all rights to claim punitive, incidental, consequential and any other damages, other than 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 the Official Rules, participants’ rights, and obligations, and the rights and obligations of Sponsor or Promotion Entities shall be governed by and construed in accordance with, the laws of the State of California.
FURTHER INFORMATION & WINNERS LIST REQUEST:
WINNERS LIST: Participants may receive notice of Prize winner(s) by contacting Sponsor at the address above or via Instagram or Facebook by Friday, June 18, 2021, at 6:00pm EST.
