NO PURCHASE OR DONATION IS NECESSARY TO ENTER OR WIN. A PURCHASE OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING. Valid only in the jurisdiction of the State of Hawaii. Void everywhere else, outside the United States, and where prohibited by law. Subject to all federal, state and local laws, regulations, and ordinances. Raffle begins on November 15th, 2021 at 12a.m. HST and ends on January 31st, 2021 at 12 a.m. (the “Raffle Period”). DRFortress’ computer is the official time keeping device for this Raffle. THIS RAFFLE IS IN NO WAY DRFORTRESSED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH drfortress.com, Instagram, LinkedIn, or Twitter.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
Eligibility: This DRFortress Raffle (the “Raffle”) is open to legal US. residents ages 18 and older currently residing in HI, that, at any point between October 28, 2021 and the end of the Raffle Period: (i) [donated at least one (1) item of canned food at the DRFortress datacenter or a qualifying DRFortress receiving site (see Exhibit A for qualifying DRFortress receiving sites)] or (ii) submits via US Mail a Raffle entry providing, at minimum, entrant’s name, address, age, phone number, and email address as well as a self-addressed envelope for communication in case entrant is selected to DRFortress Raffle entry, 3375 Koapaka St, Ste D198, Honolulu, HI 96819. Employees of DRFortress and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
Prize Restrictions (all prizes): All potential winners must review the prize details specific to their applicable prize and agree to these Official Rules, including all prize-related terms, conditions and restrictions. If a potential winner does not agree with any of these Official Rules or any prize-related term, condition or restriction, potential winner must forfeit the prize and an alternate winner may be selected from among all remaining eligible entries received. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, DRFortress reserves the right to make equivalent prize substitutions at its sole discretion. DRFortress will not replace any lost or stolen prizes or portion of a prize. Prizes cannot be used in conjunction with any other Raffle or offer. Acceptance and/or use of certain prizes or component(s) of prizes may require acceptance of additional terms and conditions, be subject to prize provider policies, and/or require the signing of additional documentation (e.g., waivers). Prize winner’s and/or Guest’s failure to adhere to any additional requirements may result in forfeiture of such prize and/or component(s) of such prize, and DRFortress shall have no liability whatsoever with respect to any such forfeiture.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to DRFortress’ decision, which are final and binding in all matters related to the Raffle. Winning a prize is contingent upon fulfilling all requirements set forth herein. DRFortress reserves the right to verify the eligibility of winners.
PLEASE NOTE: It is the entrant’s sole responsibility to review and understand his or her employer’s policies regarding eligibility to participate in, and receive a prize in connection with, this Raffle. If participation in this Raffle is in violation of employer policies, the entrant may be disqualified from entering or receiving prizes. DRFortress and Administrator disclaim any and all liability or responsibility for disputes arising between an employee and his or her employer related to this matter, and prizes will only be awarded in compliance with the employer’s policies.
- Selection of winners: On or about February 1st, 2021, DRFortress will select the potential prize winners in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received.
The potential winners will be notified by telephone or email (based on information available to DRFortress) on or about February 2nd, 2021 and must respond to this notification within 2 weeks (336) hours. If a potential winner cannot be contacted in person via email and/or telephone after the third attempt to contact him/her, or in the event that a potential winner is disqualified for any reason, DRFortress will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY DRFORTRESS AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE RAFFLE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
General Conditions: DRFortress reserves the right to cancel, suspend and/or modify the Raffle, or any part of it, if any fraud, technical failures or any other factor beyond DRFortress’ reasonable control impairs the integrity or proper functioning of the Raffle, as determined by DRFortress in its sole discretion. DRFortress and its respective agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by DRFortress or Administrator. DRFortress’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS RAFFLE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, DRFORTRESS RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. DRFortress reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Raffle, and/or the legitimate operation of the Raffle; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Raffle is not capable of running as planned, DRFortress may, in its sole discretion, void any suspect entries and (a) modify the Raffle or suspend the Raffle to address the impairment and then resume the Raffle in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: By participating in this Raffle, entrants agree that DRFortress, Twitter, Instagram, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Raffle; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Raffle; (4) technical or human error which may occur in the administration of the Raffle or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Raffle or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, DRFortress reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS RAFFLE, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS RAFFLE OR IN ANY RAFFLE RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE WWW.KP.ORG OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED OR REDEEMED DUE TO DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, EPIDEMICS AND PANDEMICS AND GOVERNMENT DIRECTIVES RELATED THERETO), WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS RAFFLE, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO DRFORTRESS (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF DRFORTRESS), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND RAFFLE AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
Governing Law; Binding Arbitration. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and DRFortress in connection with the Raffle, shall be governed by, and construed in accordance with, the laws of the State of Hawaii, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawaii.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the DRFortress shall be entitled to seek injunctive or equitable relief in the state and federal courts in Honolulu, Hawaii and any other court with jurisdiction over the parties.
Official Rules and Winners List: For a copy of these Official Rules, you can find them at: Refer to the rules section of our blog or send an email to Maureen.Bach@drfortress.com with the subject line “DRFortress Raffle Official Rules” by March 31st, 2021. For the name of the Raffle winner available after February 1st, 2021, send an email to Maureen.Bach@drfortress.com with the subject line “DRFortress Raffle Winner Name” by March 31st, 2021.