Name:Kodiak Hot Bear Walk Giveaway (“Sweepstakes”)
Promotion Period:January 9, 2023 at 12:00 AM MST to January 16, 2023 at 11:59 PM MST (“Promotion Period”)
Number of Winners:2 (each a “Winner” and collectively the “Winners”)
When Winners Will Be Selected:Tuesday, January 17, 2023 by 5:00 PM MST (“Winner Selection Date”). Winners will notified via the email address provided on the entry form.
Prize:Kodiak will provide each Winner with the follow: (1) Kodiak will pay the cost of Winner’s entry fee into either the 2023 Los Angeles Marathon (to occur on March 19, 2023) or the 2023 LA Big 5K (to occur on March 18, 2023); (2) Kodiak will arrange and pay for two economy class roundtrip flight to Los Angeles (one for Winner and one for a companion chosen by Winner), (3) a two night hotel stay, and (4) provide Winner and Winner’s one companion with a food stipend.
Eligibility: Those who enter agree to receive marketing communications via email and SMS from Kodiak. You can opt-out at any time by clicking the unsubscribe link at the bottom of any emails or by replying STOP to any text messages.
Official Rules: https://kodiakcakes.com/pages/hotbearwalk-sweepstakes-terms-and-conditions (“Website”)
1. Agreement To Official Rules: By participating in the Sweepstakes and agreeing to these terms (“Official Rules”), each participant (“Entrant” or “You”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor (defined below), which shall be final and binding in all respects. You represent and warrant that You meet the eligibility requirements herein.
2. Sponsor: The sponsor of the Sweepstakes is Kodiak Cakes, LLC, 8163 Gorgoza Road, Park City, UT 84098 (“Sponsor”). Sponsor is responsible for the collection, submission and processing of entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at firstname.lastname@example.org.
3. Eligibility Requirements: The Sweepstakes are open to legal residents of the United States (excluding residents of Florida and New York) who are at least 18 years old and the age of majority in their state of residence at the time of entry. Sponsor, Sponsor’s parents, subsidiaries, and affiliates, and any distributors, sales representatives, advertising and promotion agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (the "Promotion Entities") and each of their respective directors, officers, employees, owners and contractors (“Ineligible Individuals”) are ineligible to enter the Sweepstakes. In addition, Household Members and Immediate Family Members of Ineligible Individuals are ineligible. "Household Members" shall mean those people who share the same residence for at least three months over the past 12 months. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings or spouses. Final eligibility for any Prize is subject to eligibility verification as set forth herein. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
4. How to Enter the Sweepstakes: During the Promotion Period, visit the online Entry Form at the link above and follow the instructions to submit your entry. Limit one entry per person. By submitting your entry, you confirm that you are eligible to participate according to these Official Rules. All entries must be submitted by the end of the Promotion Period. Sponsor's database clock will be the official timekeeper for this Sweepstakes.
Each submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. Additionally, use of multiple email addresses and/or phone numbers, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of entries and/or prizes, is prohibited and such persons will be disqualified and all entries shall be deemed invalid and any Prize won shall be forfeited, as determined in the sole discretion by the Sponsor.
You may receive an additional entry to the Sweepstakes by doing the following: (a) joining the Kodiak Club on https://www.strava.com/, (b) posting on your public, personal Instagram feed about the Sweepstakes and tagging @kodiakcakes (excluding any posts in Instagram Stories); (c) posting on your public, personal TikTok feed about the Sweepstakes and tagging @kodiakcakes (excluding any posts in TikTok Stories), each during the Promotion Period (the “Social Media Entry Criteria”). Sponsor will be the official recordkeeper to determine if proper entries made via Strava, Instagram, or TikTok
5. Odds of Winning: The odds of winning will depend on the total number of eligible entries received.
6. Winner Selection: Winners of the Sweepstakes will be selected by random drawing to be held on or about the Winner Selection Date (as defined above) from eligible entries received during the Promotion Period. Limit one Prize per person, per Sweepstakes. Each individual is only eligible to win once.
7. Winner Notification: Each Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within five (5) days of prize notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including a change in Winner’s email address, inactive email account, technical difficulties associated therewith or Winner’s failure to adequately monitor any email account. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if Winner cannot be verified, or if Winner is otherwise unable to accept the Prize as stated, Prize may be forfeited.
8. Prize Conditions: Prizes cannot be transferred or redeemed for cash by the Winners. Sponsor reserves the right in its sole discretion to award a substitute prize of equal or greater value if a Prize becomes unavailable or cannot be awarded, in whole or in part, for any reason. Sponsor will not replace any lost or stolen Prizes, and any and all federal, state and/or local taxes, are the sole responsibility of the Winners.
9. Disqualification and Early Termination of the Sweepstakes: Use of fraudulent, automatic or robotic methods to participate in the Sweepstakes, tampering with the Sweepstakes or otherwise attempting to circumvent these Official Rules, as solely determined by the Sponsor, will disqualify You from winning a Prize. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. If this Sweepstakes cannot be administered as intended or in compliance with these Official Rules due to tampering, computer virus, fraud, technical failures, act of God, pandemic, force majeure or any other cause, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice. In such an event, the Sponsor also reserves the right, but not the obligation, to select the Winners from among all valid, eligible, and non-suspect entries received as of the termination date.
11. Release of Liability: By participating in the Sweepstakes and and agreeing to these Official Rules, You agree to release and hold harmless the Sponsor, the Promotion Entities and each of their respective directors, officers, employees, owners and agents (and each of their parents, subsidiaries, and affiliates) from any and all liability, loss, damage or injuries of any kind sustained in connection with their participation in the Sweepstakes, including but not limited to any physical activity undertaken as part of participating in the Sweepstakes or from their acceptance, receipt, possession and/or use or misuse of a Prize or for any typographical or other error in the printing, offering or announcement of the a Prize. By participating without asking questions at the time of entry, Entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
12. LIMITATION OF LIABILITY: The Sponsor the Promotion Entities and each of their respective directors, officers, employees, owners and agents (and each of their parents, subsidiaries, and affiliates) assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the internet or website or any combination thereof; (e) suspended or discontinued internet, wireless or landline phone service; (f) any injury or damage to Entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes, or download of any materials in the Sweepstakes, (g) any injury to Entrant or any other person who is participating in any social media challenge associated with the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. The Sponsor, the Promotion Entities and each of their respective directors, officers, employees, owners and agents (and each of their parents, subsidiaries, and affiliates) shall not have any further liability to any Entrant in connection with the Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
13. Winners List/Official Rules: To obtain a copy of the Winners List(s) or a copy of these Official Rules, you can send a request along with a stamped, self-addressed envelope to Kodiak Cakes, LLC cc: HOT BEAR WALK SWEEPSTAKES at 8163 Gorgoza Road, Park City, UT, 84098. Requests for the names of the Winners must be received no later than 30 days after the Promotion Period has ended.
14. Administration: Sponsor reserves the right to correct, and is not responsible for, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor also is not responsible for incorrect, illegible or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be valid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
15. DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of Utah, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, ENTRANT AGREES THAT ANY AND ALL DISPUTES THAT CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN UTAH HAVING JURISDICTION. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes). Entrant further waives all rights to have damages multiplied or increased.