The Chocolate Lovers (2024)

The Tribal Nutrition (“Ka’Chava” or “Sponsor”) Sweepstakes Official Rules (“Official Rules”)

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

1. PROMOTION DESCRIPTION: The Ka’Chava 2023 Playlist Sweepstakes promotion (the “Sweepstakes”) consists of one (1) grand prize, as set forth in greater detail herein, selected via entries through Ka’chava’s website. The entry period is valid from 12:00am PST on July 23, 2023 through July 28, 2023 at 11:59 p.m. PST (the “Entry Period”).. To enter, a person (hereinafter, “you” or the “Entrant”) must sign-up to follow the official Ka’Chava profile on Spotify and complete an entry for the Sweepstakes on Ka’Chava’s website by entering first + last name, valid email address, Spotify username, and a link to a song submission for Ka’Chava’s August playlist. Each Entrant shall only be allowed to enter once, with one song. However, an Entrant may enter with an additional entry by enrolling to receive SMS messages from Ka’Chava. Pursuant to the foregoing, each Entrant shall not be permitted more than two entries in the Sweepstakes. Thereafter, Ka’Chava shall randomly select a single winner from the pool of Entrants. The individual winner shall hereinafter be referred to as a “Winner”. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tribal Nutrition LLC, with an official address at 8275 South Eastern Avenue, Suite #815, Las Vegas, Nevada 89123 which shall be final and binding in all respects.
2. ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older at the time of entry are eligible to enter and must not be employees, or immediate family members of employees, of Ka’Chava. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. HOW TO ENTER: To enter, a person (hereinafter, “you” or the “Entrant”) must sign-up to follow the official Ka’Chava profile on Spotify and complete an entry for the Sweepstakes on Ka’Chava’s website by entering first + last name, valid email address, Spotify username, and a link to a song submission for Ka’Chava’s August playlist. All Submissions must be provided by the cessation of the Entry Period. You may enter only one song, and you must fill in the information requested, which shall include name and email address, including the opt-in to receiving marketing and promotional emails from Ka’Chava. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Ka’Chava. However, an Entrant may enter with an additional entry by enrolling to receive SMS messages from Ka’Chava. Pursuant to the foregoing, each Entrant shall not be permitted more than two entries in the Sweepstakes. Entries will not be acknowledged or returned.
4. WINNER SELECTION AND NOTIFICATION: The winner selection period of the Sweepstakes shall commence on or around 10:00am PST on August 1, 2023, via the random selection process managed by Ka’Chava (collectively, the “Selection Period”). The winner shall receive an email sent to the email address first provided when submitting the entry from Ka’Chava, informing the Entrant that he or she has won the Grand Prize and instructing the potential winner to follow instructions on how to claim the prize. Time is of the essence in awarding the prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
5. PRIZES: The Winner will receive a grand prize package with an approximate total retail value of Two Hundred and Eighty US Dollars (USD $280.00) and consisting of the following: 1 Ka’Chava branded wooden VIP kit which shall include two (2) bags of Chocolate Ka’Chava Superblend and one (1) Ka’Chava branded glass bottle.
6. GENERAL PRIZE CONDITIONS: The Prizes will be awarded only if the potential prize winner(s) fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Ka’Chava in its sole discretion. No cash alternative or substitution of the prize will be allowed.
   The Winner shall be responsible for all federal, state, local and income taxes (if any) associated with winning prizes. The Winner may be required to furnish his/her/their social security number for the sole purpose of preparation of any tax forms as required by law. Except where prohibited by law, entry and acceptance of the Grand Prize constitute permission to use winner's name and hometown, for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission by Ka’Chava.
   The Prizes set forth herein is awarded “as is” with no warranty or guarantee, either express or implied by Ka’Chava. Winners acknowledges that Ka’Chava does not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prizes being offered, except that each merchandise prize shall be subject to each respective parties typical standard warranty (if any).
7. ODDS. The odds of winning depend on the number of eligible entries received.
8. CONSENT AND RELEASE. By entering the Sweepstakes, each Entrant releases and discharges Ka’Chava, and its respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).
9. LIMITATION OF LIABILITY. By entering, Entrant agrees to release and hold harmless Ka’Chava and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Sweepstakes. Moreover, use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.
10. DISPUTES: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE US AND THE STATE OF NEVADA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, 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 Nevada, having jurisdiction. Further, in any such dispute, under no circ*mstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’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.
11. PRIVACY POLICY. Any personal information submitted with an entry is subject to the Privacy Policy stated on the Ka’Chava website. To read the Privacy Policy, click here - https://www.kachava.com/pages/privacy-policy
12. NO RELATIONSHIP. The Promotion is solely hosted by Ka’Chava and is in no way sponsored, endorsed, administered by, or associated with Spotify and/or Meta. You are providing your information to Ka’Chava and not to Spotify and/or Meta.