KEMBA Financial Credit Union (“KEMBA”) Promotion Rules

 

These rules, along with the information regarding ongoing promotions provided on the KEMBA Promotion Page (the “Promotion Page”) (collectively “Promotion Rules”) are the complete, official rules for any KEMBA Promotion.  Sponsor reserves the right to disqualify any Participant who is found to breach these Promotion Rules.

 

The Promotion is sponsored and hosted by KEMBA Financial Credit Union, located 555 Officenter Place, Gahanna, OH 43230, the Promotion Sponsor (“KEMBA” or “Sponsor”).

 

PROMOTION PERIOD:  Beginning on the Promotion Start Date (provided on the Promotion Page), each Promotion will be open to receive Submissions at 12:00:01 A.M. Eastern Time (“ET”) and close to Submissions on the Promotion End Date (provided on the Promotion Page) at 11:59:59 P.M. ET (the “Submission Period”).  Submissions received after the Submission Period will not be considered valid submissions.

 

It is the Participant’s responsibility to check the Promotion Page regularly throughout the Promotion to stay informed of any new or updated deadlines. KEMBA is not responsible for any Participant’s failure to do so.

 

Note: Sponsor’s computer is the official timekeeping device for this Promotion.

 

ELIGIBILITY: The Promotion is open only to legal permanent residents of United States, who are 18 years of age or older and meet all the eligibility requirements provided on the Promotion Page.  The following individuals are not eligible to participate or to submit Submissions: (i) employees of KEMBA, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above.  This Promotion is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law.

 

KEMBA is the sole judge of eligibility and may determine that a Submission or Participant is ineligible to participate in the Promotion for a variety of reasons not described here but at the sole discretion of KEMBA. In the event fewer than 10 videos meeting the eligibility requirements are submitted by the promotion end date, the promotion may be cancelled and no prize will be awarded.

 

To be eligible for entry, the copyright for all Submissions and all photographs, images, videos, audio and other content depicted in each Submission or otherwise provided to Sponsor (“Content”) must be owned by an eligible contestant.

 

Each Submission:

 

  1. Cannot defame, misrepresent or contain disparaging remarks or images about Sponsor or its products or other people, products or companies;

 

  1. Cannot communicate any message inconsistent with the positive image and goodwill with which Sponsor wishes to associate. Without limitation, this means that your Submission cannot contain materials that are threatening, harassing, degrading, hateful, intimidating, obscene, indecent, pornographic, violent, or otherwise objectionable, as determined by Sponsor in its sole discretion;

 

  1. Cannot violate any law; and

 

  1. Cannot contain materials embodying the names, likeness or other indicia identifying any other person, living or dead, unless you have express permission from that person (or, if such person is a minor, from his or her parent or legal guardian) to use his or her name, likeness or other indicia in connection with this Contest. You will provide Sponsor with proof of such permission upon Sponsor’s request.

 

Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Submission for any reason.

 

Agreement to Official Rules: Entrant’s participation in the Promotion constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding.  By participating in the Promotion and submitting a Submission, Participant expressly agrees to participate in supporting marketing and other promotions and endorsements for KEMBA and its partners.  KEMBA may display Submission photos, videos or other content on its website or on other promotional materials without attribution or any compensation owed to Participant.  Please review the KEMBA User Content Agreement, which you accept by submitting a Submission into a Promotion, located here, for a full explanation of how KEMBA may use your Submission.

 

SUBMISSION REQUIREMENTS:

 

Sweepstakes

You may enter the sweepstakes in two ways: (1) as provided on the Promotion Page; or (2) mailing a submission containing your name, address and telephone number to: [KEMBA Financial Credit Union, 555 Officenter Pl., Gahanna, OH 43230] (“Mailed Submissions”).  Mailed Submissions will be dated as submissions on the date they are received.  Mailed submissions received after the Submission Period will not be considered valid submissions.

 

All submissions will be given equal weight when selecting a winner.  No purchase is necessary to enter.  One entry per Eligible Participant per Submission Period.

 

Contests

Each eligible individual may participate by entering a Contest as provided on the Contest Page.  One entry per Participant.

 

All Promotions

Submissions must be received prior to the Promotion deadline and adhere to the guidelines for Submissions specified on the Promotion Page. 

 

Submissions that do not meet the requirements set forth in these Official Rules and the Promotion Page, in the sole discretion of Sponsor, will be void and ineligible for a prize.

 

INTELLECTUAL PROPERTY: By entering your Submission in the Promotion or submitting additional photographs related to the Promotion, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her.  By uploading a submission, Participant is expressly warranting that they own are licensed to enter the Submission and the Content in the Promotion in accordance with these rules  and that their Submission does not infringe the intellectual property rights of any third party.

 

PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):   The prize and its approximate retail value for each Promotion will be provided on the Promotion Page.  Prizes will vary depending upon the ongoing Promotion and are only awarded to Submissions that were submitted during the Submission Period for a particular Promotion.

 

Each prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value for any reason as determined by Sponsor in its sole discretion.  Winner will be responsible for all other costs and expenses not specifically mentioned herein and all applicable federal and local taxes on the receipt and use of the prize.

 

SELECTION OF POTENTIAL WINNERS:

Sweepstakes

On the date provided on the Promotion Page, the Sweepstakes winner(s) will be selected in a random drawing.  All drawings will be made on a strictly random basis.  Winners will be notified by email on Odds of winning prizes depend on the number of eligible entries received during Entry Period.  All entries are subject to verification and approval by the Sponsor.  All decisions regarding prize awards will be made by Sponsor and are final and binding.  In the event of noncompliance with these Official Rules and Regulations, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner drawn from remaining eligible entries.

 

Contests

The Contests are a challenge of skill and the final results will be determined as provided on the Promotion Page.  All Submissions will be reviewed by a panel of judges (the “Jury”) selected by Sponsor. The Jury will include KEMBA employees or independent contractors and/or employees or representative of Sponsor. All Submissions will be judged based on criteria provided on the Promotions Page.  No prize will be awarded, and the contest deemed void, if fewer than 5 total Submissions are received.  Prize awards are subject to verification of eligibility and compliance with these Rules. All decisions of the Contest Sponsor and the Jury will be final and binding on all matters relating to this Contest.

 

All Promotions

Sponsor shall not be responsible for lost, late, misdirected, damaged, illegible, incomplete, garbled, or incorrect entries.  Entries become the property of Sponsor and will not be returned.  Participation constitutes acceptance of these Official Rules in their entirety.  Participant warrants that it is eligible to participate in the Promotion and agrees to indemnify and hold harmless Sponsor from any loss, damage or expense arising out of or in connection with participation in this Promotion or the acceptance, use or misuse of any prize.

 

WINNERS’ OBLIGATIONS (DELIVERY & DOCUMENTATION):  Before being declared a winner the selected Participant will be contacted by email and notified that they are eligible to win. The selected Participant must reply within one (1) business day of notification and provide the Sponsor with a contact phone number, email and address. The Sponsor will then email the Winner and he/she will be required to sign and return within one (1) business day of notification a declaration of eligibility and a liability/publicity release, which:

 

  1. confirms compliance with the Promotion rules;
  2. releases the Sponsor, its affiliated companies and agents, advertising and promotion agencies, the Promotion judges and each of their respective officers, directors, agents, representatives, successors and assigns from any liability in connection with the Promotion, the entrant’s participation therein and/or the awarding and use or misuse of the prize or any portion thereof; and
  3. grants to the Sponsor the right to use the selected entrant’s name, address and likeness in any form of advertising relating to the Promotion without further notice or compensation.

 

If a selected Participant: (i) cannot be contacted by email within one (1) calendar days of selection or there is a return of any prior notification as undeliverable; or (ii)  fails to return the documents within the specified time, then he/she will be disqualified and will forfeit the prize, and the Sponsor reserves the right to select an alternate entrant from among the remaining eligible entries.

 

A Participant may decline to be a Winner by notifying Sponsor within one business day following notification, in which case the declining Participant forgoes any prize or other features associated with winning the Sweepstakes or Contest.  Sponsor reserves the right to disqualify a Participant if Sponsor deems disqualification appropriate.

 

Promotion winners will be announced on the Promotion Page on the date provided on the Promotion Page.

 

If a prize is valued at $600 or more the potential winner must also sign and return an IRS W-9 form, within the stated time in order to claim the prize.

 

Potential winners will be disqualified and the prize may be awarded to an alternate winner (for a Contest, the next-ranked qualified Participant, for a Sweepstakes another random draw) if:

 

  • the required documentation is not returned within 14 days after receipt of any request to provide documentation;

 

  • prize notification letter/email or prize is returned as undeliverable; or

 

  • potential winner is disqualified for any reason.

 

By accepting any Prize, each Participant receiving a Prize thereby agrees to use of his/her name, address, likeness and/or Prize information by KEMBA for promotional purposes in any medium without additional compensation.

 

DECLINING PRIZES: A Participant may decline to be a Winner by notifying KEMBA directly within one week following the Promotion deadline, in which case the declining Participant forgoes any prize or other features associated with winning the Promotion.  KEMBA reserves the right to disqualify a Participant if KEMBA deems disqualification appropriate.

 

RECEIVING PRIZES: After verification of eligibility, each Prize winner will receive the prize as provided on the Promotion Page.  Any winners that receive prizes valued over $600 will receive IRS 1099 form in the amount of their prize at the appropriate time. Prize winners are responsible for any taxes, fees or other liability resulting from their receipt of a Prize regardless of the value of the prize.

 

WARRANTIES AND OBLIGATIONS

PARTICIPANT WARRANTIES AND OBLIGATIONS: By registering or submitting a Submission, you agree that you have full right and authority to submit the Submission.  You are solely responsible for your Submission. All registration information is deemed collected in the United States.

 

Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Promotion to make sure that your participation is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Promotion.

 

Each Participant is solely responsible for all equipment, including but not necessarily limited to a camera, computer and internet connection necessary to access the Website and to develop and upload any Submission, as well as all costs incurred by or behalf of the Entrant in participating in the Promotion.

 

By entering a Submission, you represent and warrant that you have the right and authority to make the Submission on your own behalf and that your Submission:

 

  • is your own original work;

 

  • does not contain confidential information;

 

  • does not violate or infringe upon the intellectual property rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;

 

  • does not and will not violate any applicable law, statute, ordinance, rule or regulation; and

 

  • does not trigger any reporting or royalty obligation to any third party

 

A breach of any of these warranties will result in the corresponding Submission being invalid.

 

LIMITATION OF LIABILITY:  By participating in the Promotion, each Participant agrees to release, indemnify and hold harmless KEMBA, their respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising out of your participation in or association with the Promotion. Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected Submissions.   Sponsor reserves the right to cancel, modify or suspend the Promotion should any computer virus, bug or other technical difficulty or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion, and to determine winners from among Submission not affected by the corruption, if any, in its sole discretion. Sponsor also reserves the right to cancel, modify or suspend the Promotion in the event fewer than 10 videos meeting thes eligibility requirements are submitted by the promotion end date.

 

KEMBA is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect or misdirected Submissions or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to or alteration of Submission materials, loss or otherwise. KEMBA is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages.  Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Promotion.

 

RESERVATION OF RIGHTS:  Sponsor reserves the right to modify the Start Date, End Date, and the right to modify, add or remove additional deadlines for any reason. Any changes will be communicated through the Promotion Page.

 

 

MISCELLANEOUS

 

PRIVACY:  Participants agree that personal data submitted and any other information provided in connection with the Promotion may be processed, shared, and otherwise used for the purposes and within the context of the Promotion and any other purposes outlined in these Official Rules and the Privacy Policy found here.

 

In addition to the uses of personal information described in that Policy, Sponsor will use information you provide through entry into the Promotion to administer the Promotion.

 

SEVERABILITY: The invalidity or un-enforceability of any provision of these Promotion Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Promotion Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.

 

 

GOVERNING LAW AND VENUE: Participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually without resort to any form of class action, and exclusively by the appropriate courts located Franklin County, Ohio; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event, attorneys’ fees.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion shall be governed by and construed in accordance with, the laws of the state of Ohio, without giving effect to any choice of law or conflict of law rules.

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