NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE
THE CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND
REGULATIONS APPLY. VOID WHERE PROHIBITED.
This promotion is in no way sponsored, endorsed or administered by, or associated with
Facebook and/or Twitter. Any questions, comments or complaints regarding the promotion
will be directed to Sponsor, not Facebook and/or Twitter.
We may, from time to time, run sweepstakes, (hereinafter a “Sweepstake,”) sponsored by us
on our Facebook page, available at https://www.facebook.com/qolture,our Twitter feed,
available at https://twitter.com/qolture, and/or our Web site, available at www.qolture.com,
(hereinafter, collectively, the “Pages.”)
For purposes of these Official Sweepstakes Rules, references to “Sponsor,” “we,” “our,” and “us” mean Qolture, Inc., a Nevada corporation with a registered principal place of business located at 1660 S. Highway 100, Suite 500A, St. Louis Park, Minnesota 55416. References to “Entrant,” “you” and “your” mean a Sweepstakes Entrant.
Agreement to be Bound:
The following Official Sweepstakes Rules, together with the Terms and Conditions
and relevant information set out on the Pages are subject to the terms and conditions set
forth below. Please read them carefully as any entrance to the Sweepstakes constitutes an agreement, without acceptance, to be bound thereby by the Entrant. By entering a Sweepstakes you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.
Modifications and Changes to Official Sweepstakes Rules:
We may modify, add to, suspend or delete these Official Sweepstakes Rules, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being
immediately effective upon their posting to the Pages. Your continued entrance in a Sweepstake after modification, addition or deletion of the Official Sweepstakes Rules shall be deemed to
constitute acceptance by you of the modification, addition or deletion.
Entrants must be legal U.S. residents, at least eighteen (18) years old. Void where prohibited.
Employees of the Sponsor, our affiliates, vendors, and partners, promotional agencies and their
advertising agencies, employees of other event hosting services, and members of the immediate families of such persons are not eligible to participate and win. The term “immediate family”
includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Florida, New York, Rhode Island, Puerto Rico, the U.S. Virgin Islands, all other U.S. territories, U.S. military institutions in foreign countries and where prohibited, taxed, or restricted by law.
The “Sweepstake Period” shall begin on April 16, 2018, 12:01 a.m. Pacified Standard Time
(hereinafter “PST”) and ending April 30, 2018, 11:59 PST. All online entries must be received by April 30, 2018, 11:59 p.m. PST. The Sponsor’s database clock shall be the official timekeeper for the Sweepstake.
How to Enter:
The Sweepstake must be entered by submitting an entry using the online form provided at
Qolture.com and linked via the promotional Pages. The entry must fulfill all Sweepstake
requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Qolture.
Limit one (1) direct entry per person, per household during the Sweepstake Period. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Proof of entry does not constitute proof of receipt. If there is a dispute as to the identity of an online Entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service
provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entries must be received before the end of the Sweepstake Period and the
Sponsor’s database clock will be the official timekeeper for the Sweepstake. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to the unique nature and scope of the Sweepstake, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Sweepstake Rules or otherwise governing the Sweepstake. All Entrants must provide a valid e-mail address upon entry. It shall be Entrant’s responsibility to update Sponsor of any change in e-mail address.
The Winner of the Sweepstake (hereinafter the “Winner”) will receive one (1) Qolture gift card valued at One Hundred U.S. Dollars and No/Cents ($100.00) (hereinafter the “Prize”) to be used for the
purchase of Sponsor merchandise. Actual/appraised value may differ at time of Prize award. The specifics of the Prize shall be solely determined by Sponsor. Prize cannot be redeemed for cash and shall have no other value.
Consumer Disclosure of Odds:
Odds of winning depend on the number of entries received. Winner will be selected from the
cumulative collection of entries.
The Winners shall be determined by a randomized drawing conducted by Sponsor on May 1, 2018.
Winner Notification; Releases:
Winners shall be notified of their win by 11:59 p.m. PST May 5, 2018, via email at the email address provided upon entry. Winner must respond via email address, providing his or her contact
information for Prize delivery within seven (7) calendar days from notification or an alternate Winner shall be selected. Winners may also be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within seven (7) calendar days following the date of first attempted notification of winning. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any Prize and/or Prize
notification as undeliverable may result in disqualification and selection of an alternate Winner. Winner hereby further agrees that he or she will sign any documents necessary to transfer copyright of the entry to Sponsor within seven (7) calendar days following the date of first attempted
notification of win. Sponsor shall have no liability for Winner’s failure to receive notices due to
spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.
Prize-Related Expenses; Taxes:
Expenses not specifically included in prize description, including but not limited to shipping and
handling, and all taxes are the sole responsibility of Winner. Receipt by Winner of the prize offered in this Sweepstake is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKE, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
The name of each the Winner may be posted to the Pages once the Winner has been
selected and verified. Incomplete entries or entries that have been tampered with or fail to meet the requirements set forth herein will be disqualified from being selected as a Winner. To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Qolture, Inc., 1660 S. Highway 100, Suite 500A, St. Louis Park, Minnesota 55416. Requests can be made on or after May 7, 2018.
Intellectual Property Rights; Moral Rights; Grant of License:
By entering, Entrant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable,
assignable license to reproduce the entry, his or her name, likeness, and comments and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the name, likeness, and comments in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its
licensees or assignees determine, without further compensation, notification, or permission.
No Transfer, Assignment, or Substitution:
No transfer, assignment or substitution of a Prize permitted, except Sponsor reserves the right to substitute a Prize for an item of equal or greater value in the event an advertised Prize is unavailable.
Reservation of Rights:
We reserve the right to verify the validity and originality of any entry and/or Entrant (including an
Entrant’s identity and address) and to disqualify any Entrant who submits an entry that is not in
accordance with these Official Sweepstakes Rules or who tampers with the entry process. Failure by us to enforce any of rights at any stage does not constitute a waiver of those rights.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; HOLD HARMLESS:
(A) BY ENTERING THIS SWEEPSTAKE, ALL ENTRANTS AGREE TO RELEASE, DISCHARGE, AND HOLD US HARMLESS AS WELL AS OUR PARTNERS, AFFILIATES, SUBSIDIARIES, ADVERTISING AGENCIES, AGENTS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, LOSSES, AND DAMAGES ARISING OUT OF THEIR
PARTICIPATION IN ANY SWEEPSTAKE-RELATED ACTIVITIES AND THE ACCEPTANCE AND USE, MISUSE, OR POSSESSION OF ANY PRIZE AWARDED HEREUNDER. (B) WE ASSUME NO
RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION; COMMUNICATIONS LINE FAILURE; THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO SWEEPSTAKE ENTRIES; OR ALTERATION OF ENTRIES. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH OR TECHNICAL MALFUNCTION OF ANY PAGE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS,
COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL ENTRY TO BE RECEIVED ON
ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE, HUMAN ERRORS OF ANY KIND, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANTS' OR ANY OTHER PERSONS' COMPUTERS RELATED TO OR
RESULTING FROM PARTICIPATION, UPLOADING OR DOWNLOADING OF ANY MATERIALS
RELATED TO THIS SWEEPSTAKE. (C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE PAGES AND ELSEWHERE REGARDING ANY SWEEPSTAKE RAN BY US ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION. BY ENTERING ANY SWEEPSTAKE RUN BY US YOU ACKNOWLEDGE THAT WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF YOUR ENTRY INTO ANY SWEEPSTAKES RUN BY US. (D) IN NO EVENT WILL WE, OUR SUBSIDIARIES, OTHER
AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE PAGES, SURVEY, AND/OR PRIZES BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO OR ARISING FROM THE SWEEPSTAKE. (E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY ACCESSING THE PAGES AND
COMPLETING THE SURVEY, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE PAGES AND/OR SUBMIT AN ENTRY. (F) SPONSOR IS NOT RESPONSIBLE FOR ANY PRINTING, TYPOGRAPHICAL, MECHANICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER, ADMINISTRATION OF THE SWEEPSTAKES OR IN THE ANNOUNCEMENT OF THE PRIZE. SOME JURISDICTIONS DO NOT PERMIT FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN ANY SWEEPSTAKE RUN BY US AND/OR ANY PRIZES WON THEREBY.
Right to Cancel or Suspend Sweepstake:
If for any reason the Sweepstake is not capable of running as planned, due to infection by
computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond our control that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstake, we reserve the right, in our sole and exclusive discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Sweepstake.
Prize. Entrants have the right to access, review, rectify or cancel any personal data held by us by contacting us via any “contact us” or “message” link on the Pages. Personal data will be used by us and our affiliates exclusively for the purposes stated herein.
These Official Sweepstakes Rules will be governed and construed in accordance with the laws of
the State of Nevada without regard to its conflicts of law provisions. You agree to submit to the
personal jurisdiction of the state and federal courts located in the State of Hennepin, County of
Minnesota, and any cause of action which arise from or relate to a Sweepstake or from interpretation of these Official Sweepstakes Rules must be filed in the state and federal courts located in the State of Minnesota, County of Hennepin, subject to the arbitration provisions contained herein.
You agree that any dispute concerning, relating, or referring to these Official Sweepstakes Rules, shall be resolved exclusively by binding arbitration according to the then existing rules of the
American Arbitration Association in the State of Minnesota, County of Hennepin. Such proceedings will be governed by and in accordance with substantive Oregon law. The arbitrator and not any
federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract,
including but not limited to any claim that all or any part of this contract is void or voidable.
Notwithstanding the forgoing, any claims the Parties may have against each other concerning,
relating, or referring to these Official Sweepstakes Rules, and where the relief sought is within the
jurisdictional limits of the Hennepin County, Minnesota, Small Claims Court, it shall be filed therein and shall be fully and properly adjudicated by said Small Claims Court and not by the Arbitration provisions hereof.
Severability of Provisions:
If any provision of these Official Sweepstakes Rules shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Official Sweepstakes Rules and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
This constitutes the entire agreement between the parties concerning these Official Sweepstakes Rules.
If you have any questions or concerns about these Official Sweepstakes Rules you may contact us at Qolture, Inc., 1660 S. Highway 100, Suite 500A, St. Louis Park, Minnesota 55416.
Updates & Effective Date:
The effective date of these Official Sweepstakes Rules is April 16, 2018. From time-to-time, we may update these Official Sweepstakes Rules. We encourage you to periodically check back and review these Official Sweepstakes Rules.