Telephone Entries: You may also enter by calling 1-805-880-9377, requesting to enter,
and providing your name, address, age, and telephone number during the Entry Period.
All of the Drawing information, including a description of the Drawing items, will be posted at
the Drawing Site at: http://www.kdb.com/contest.htm throughout the Drawing.
You may enter only once during the Entry Period. Limit of one entry per person and per
household, regardless of method of entry. Duplicate entries from the same e-mail
address/household will be automatically eliminated. Where a dispute arises about who submitted
an online entry, the entry will be deemed submitted by the holder of the e-mail account.
The official winner (the "Prize Winner") will be randomly drawn in a drawing to be held on
(May 13, 2013). Any entry received during the Entry Period will be eligible. Any entry received
after the Entry Period will not be eligible to be included in the drawing, but will be included in
any subsequent drawing between May 11 through June 15, 2013. If no such drawing is offered,
then that entry will be disregarded. The above-noted deadline is final. Odds of winning depend
on the number of eligible entries received, and are equal regardless of method of entry.
2. ELIGIBILITY: This Drawing is open to any individual who is, (a) as of the beginning of the Entry Period a legal resident of the state of California, U.S.A. (the "Eligibility Area"); and (b) 18 years of age or older as of the date of entry. Employees, officers, directors and agents and their immediate families (regardless of where they live), or members of the same households (whether related or not) of KDB or the Santa Barbara Foundation ("Drawing Providers") and any other persons involved with this promotion, are not eligible to participate in the Drawing or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. PRIZE: The winner of the Drawing (the "Prize Winner") will be awarded the Prize. The Prize is identified below:
One wireless 16GB iPad 2 with WiFi connectivity and one $100 iTunes gift card.
Odds of winning the Prize depend on the number of eligible entries received for the Drawing.
Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Drawing Providers' sole and absolute discretion.
The Prize is nontransferable and nonexchangeable. No substitution or cash redemption of the Prize is permitted except that KDB retains the right to substitute a prize of equal or greater retail value (or at KDB's election, the cash value of the Prize). Additional restrictions may apply. The Prize may be subject to certain other restrictions and qualifications of the Drawing Providers.
4. PRIZE DRAWING: The Prize Winner, and four (4) alternates, will be selected in a random drawing from all entries received that are eligible for the Drawing. The Drawing will be conducted in accordance with the schedule set forth in Section 1 of these Rules. In the event that the Prize for the Drawing cannot be awarded to the Prize Winner, the Prize will be awarded to the first alternate selected. If the Prize for that Drawing still cannot be awarded to such first alternate, it will be awarded to the second alternate. If the Prize cannot be awarded to second alternate, it will be awarded to the third alternate. If the Prize cannot be awarded to the third alternate, it will be awarded to the fourth alternate. If the prize cannot be awarded to the fourth alternate, additional alternates will be drawn until the prize is awarded. The Drawing will be conducted by KDB, whose decisions, along with those of any other Drawing Providers (if relevant), are final and binding on all aspects of this Drawing. By entering the Drawing, each entrant agrees to be bound by these rules and the decisions of the Drawing Providers. In the event of non-compliance, an alternate Prize Winner may be selected.
5. NOTIFICATION: The Prize Winner will be notified by e-mail and/or by telephone within 24-hours of the Drawing. Failure of a potential Prize Winner to respond within 24-hours from such notification may result in disqualification and the selection of an alternate as the Prize Winner. The Prize Winner will be required to sign Affidavits of Eligibility/ Liability Release and Publicity. If the properly executed Affidavits are not received by the Drawing Providers within 48-hours from the date of notification, an alternate Prize Winner will be selected. No entrant is a Prize Winner until such Affidavits are validated.
6. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Drawing, each entrant agrees to be bound by these Official Rules and by all decisions of the Drawing Providers (which decisions are final and binding on all matters relating to the Drawing), and to comply with all federal, state and local laws and regulations. The decisions of the Drawing Providers are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. In the event of noncompliance, an alternate Prize Winner may be selected. Entries and other submitted materials become the property of the Drawing Providers and will not be acknowledged or returned. Neither the Drawing Providers nor Internet access providers are responsible for incomplete, late, lost, misdirected or postage-due mail or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, incomprehensible, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Drawing Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning the Prize furnished or made available in connection with the Drawing. Although the Drawing Providers attempt to ensure the integrity of the Drawing, the Drawing Providers are not responsible for the actions of entrants or other individuals in connection with the Drawing, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Drawing. The Drawing Providers are not responsible for injury or damage to entrants' or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Drawing or downloading materials from or using the Drawing Site. If, for any reason, the Drawing is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, preemption of regular broadcast programming, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of KDB, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Drawing, KDB reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Drawing, and to select a Prize Winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of mailing or submitting entry will not be deemed receipt of such entry by the Drawing Providers. All taxes (including without limitation Federal, state and local taxes) in connection with the Prize, and the reporting consequences thereof, are the sole responsibility of the Prize Winner. By entering this Drawing, unless prohibited by law, the potential Prize Winner consents to use of his/her name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and the potential Prize Winner may be required to provide a signed release acknowledging such consent. Moreover, by entering this Drawing, unless prohibited by law, the potential Prize Winner agrees to grant to the Drawing Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner's name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by KDB in its sole discretion.
7. CONDUCT: THE OFFICIAL RULES WILL BE POSTED AT THE KDB OFFICES AT 414 E. COTA STREET, SANTA BARBARA, CALIFORNIA 93101 THROUGHOUT THE ENTRY PERIOD AND WILL BE AVAILABLE VIA EMAIL BY REQUEST TO
BY ENTERING AND PARTICIPATING IN THIS
DRAWING, ENTRANT (A) FULLY AND UNCONDITIONALLY AGREES TO BE BOUND
BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF THE DRAWING PROVIDERS
(WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS),
INCLUDING WITHOUT LIMITATION, DECISIONS REGARDING ELIGIBILITY,
WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES;
AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY
ENTRANT IN CONNECTION WITH THE DRAWING IS TRUE, ACCURATE AND
COMPLETE. THE DRAWING PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT
THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO
PARTICIPATE IN THIS DRAWING OR ANY FUTURE DRAWING OR OTHER
PROMOTIONS OF THE DRAWING PROVIDERS, ANY INDIVIDUAL IT SUSPECTS TO
BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE DRAWING
OR THE DRAWING SITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR
CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE
MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY
OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR TO BE
IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY A CONTESTANT OR
ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING IS A VIOLATION OF
THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD KDB
BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR
WILL BE MADE, KDB RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES
FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S)
TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION
8. RELEASE AND INDEMNIFICATION: BY ENTERING THE DRAWING, ENTRANTS RELEASE AND HOLD THE DRAWING PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DRAWING OR PARTICIPATION IN ANY DRAWING-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE DRAWING, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
9. LIMITATION OF LIABILITY: IN NO EVENT WILL THE DRAWING PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE DRAWING SITE, THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE DRAWING SITE, THE REMOVAL FROM THE DRAWING SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE DRAWING. WITHOUT LIMITING THE FOREGOING, THE DRAWING, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. GOVERNING LAW: The Drawing and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California. All applicable federal, state, and local laws and regulations apply.
(a) Dates and Deadlines: Because of the unique nature and scope of the Drawing, the Drawing Provider reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Drawing.
(c) Prize Winner: For the name of the Prize Winner, send a self-addressed stamped envelope after June 13, 2013 to: Suzie Zimmerman, KDB's Spring 2013 iPad Drawing KDB, P.O. Box 91660, Santa Barbara, California 93190. Requests for Winners List must be received by July 12, 2013.
(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, KDB's Spring 2013 iPad Drawing, KDB, P.O. Box 91660, Santa Barbara, California 93190. Requests for Official Rules must be received by July 12, 2013.