These General Terms apply to our contests and promotions, unless otherwise specified in the terms and conditions of a particular contest or promotion. You agree to abide by these General Terms together with any additional terms and conditions that may apply to specific contests and promotions which terms and conditions are made a part of these General Terms by this reference. If there is a conflict between these General Terms and the terms for or applicable to a particular contest or promotion, the latter terms shall control with respect to your participation in that contest or promotion.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
a. Eligibility:
Except otherwise specified, our contests and promotions are open only to residents of the United States who are eighteen (18) years of age or older (nineteen (19) or older if a resident of Alabama or Nebraska) as of the beginning of the then applicable contest period.
b. Contest Period:
Please see social media post or individual giveaway page for details.
c. To enter:
During the Contest Period, follow @kohochocolates on Instagram, like the giveaway post and comment on the Contest Post by tagging a friend. Each additional friend tag equals an additional entry. For questions regarding contest, contact KOHO Chocolates LLC via Instagram direct message to @kohochocolates.
d. Entry Guidelines:
- Entries must not defame, misrepresent or contain disparaging, threatening, derogatory, obscene or offensive remarks about KOHO Chocolates LLC or its products, other people, products or companies, contain or reference trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind without permission, contain or reference copyrighted materials owned by others without permission, or violate the rules or guidelines of the applicable social media platform(s) through which the contest or promotion is offered, marketed, advertised, and/or promoted, or any applicable federal, state, and local laws and regulations.
- By submitting an entry:
i. You represent and warrant that your entry does not defame, misrepresent or contain disparaging, threatening, derogatory, obscene or offensive remarks about KOHO Chocolates LLC or its products, other people, products or companies, contain or reference trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind without permission, contain or reference copyrighted materials owned by others without permission, or violate the rules or guidelines of the applicable social media platform(s) through which the contest or promotion is offered, marketed, advertised, and/or promoted, or any applicable federal, state, and local laws and regulations.
ii. You agree to release, defend, indemnify, and hold harmless KOHO Chocolates LLC and Instagram and their respective parent companies, subsidiaries, affiliates, directors, employees, officers, agents, attorneys, representatives, and persons and entities acting on their behalf (collectively, the “Released Parties”), from and against any and all existing or potential claims, demands, actions, causes of action, suits, liens, debts, obligations, promises, agreements, costs, damages, liabilities, and judgments of any kind, nature, or amount whether in law or equity, whether known or unknown, anticipated or unanticipated, liquidated or unliquidated, including without limitation any and all unclaimed statutory damages, compensatory damages, consequential damages, punitive damages, interests, costs, expenses and fees (including reasonable or actual attorneys’ fees), arising from or in connection with your participation in the contest, or the awarding, receipt, possession, use or misuse of any prize (if applicable) and/or with respect to participation in any prize-related activity (if applicable).
iii. For contests and promotions on Instagram, you acknowledge that the contest or promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
iv. You grant to KOHO Chocolates LLC and its designees the irrevocable right, license, authority and permission in perpetuity and throughout the world to use, copy, edit, reproduce, perform, display, publish, transmit, distribute, and create derivative works from any of your contest and/or promotion entries, in any and all manners including, but not limited to product packaging, signage, banners, television, radio, print advertisement, posters, brochures, direct mail, banners, newsletters and online media (including, but not limited websites and social media) and all other advertising and promotional materials and formats, whether in print or electronic form, and whether or not currently known or in existence.
v. Entries that are not in compliance with these official contest rules as stated herein will be ineligible. KOHO Chocolates LLC, in its sole discretion, shall have the right to disqualify any entry that it deems not in compliance with these official contest rules.
e. Selection of Winner and Prize Details:
- KOHO Chocolates LLC will choose one winner at random with in 72 hours of the promotion closing.
- Winner is subject to verification of eligibility by KOHO Chocolates LLC, whose decision is final and binding in all matters relating to the contest.
- Winner will have 24 hours from notification from KOHO Chocolates LLC to accept prize by providing notice to KOHO Chocolates LLC in the manner specified in the notification to winner.
- If winner is unable to accept a prize due to ineligibility or fails to claim prize within 24 hours, prize will be forfeited in its entirety and may be awarded to an alternate winner in a random drawing from among all remaining eligible entries.
- Prize will be delivered to winner by U.S. Mail or e-mail, as appropriate in KOHO Chocolates LLC’s sole discretion. Winner is responsible to provide KOHO Chocolates LLC with winner’s current, valid mailing address or e-mail address as appropriate to receive delivery of prize.
- KOHO Chocolates LLC is not responsible for lost or stolen packages or e-mails containing the prize. KOHO Chocolates LLC will not replace lost or stolen prizes.
- If a prize or prize notification is returned as undeliverable, the applicable prize will be forfeited and awarded to an alternate winner in a random drawing from among all remaining entries. KOHO Chocolates LLC is not responsible for prizes or prize notifications returned as undeliverable
- Winner is solely responsible for paying all applicable federal, state, and local taxes, if any, and all other unspecified expenses associated with the acceptance and/or use of prize.
- Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by KOHO Chocolates LLC, except any standard written warranty included in the prize packaging.
- Prizes are not transferable or redeemable for cash and prize substitutions will not be allowed, except at sole discretion of KOHO Chocolates LLC who reserves the right to substitute prizes of equal or greater value if the advertised prize(s) become unavailable.
- Winner grants to KOHO Chocolates LLC and its designees the right and authority to use, as applicable, winner’s Instagram handle, name, likeness, city and state of residence for purposes of advertising and publicity at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever, without limitation and without compensation, notice, or right of approval.
- Winner must continue to comply with all official guidelines.
f. Limitations of Liability:
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the contest; (d) technical or human error which may occur in the administration of the contest or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the contest or receipt or use or misuse of any prize. If for any reason an participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the contest, provided that if it is not possible to award another entry due to discontinuance of the contest, or any part of it, for any reason, KOHO Chocolates LLC, at its discretion, may select the winner from among all remaining eligible entries.
g. Disputes:
Participants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this contest or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the City & County of Honolulu, State of Hawaii; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this contest; and (c) to the extent allowed by applicable law, participants shall not be permitted to obtain awards for, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
h. Choice of Law:
All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, participants’ rights and obligations, or the rights and obligations of KOHO Chocolates LLC in connection with the contest, 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, that would cause the application of the laws of any jurisdiction other than Hawaii.
i. Severability:
The invalidity or unenforceability of any provision of these official 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 official rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
j. User Generated Content (UGC):
BY REPLYING #yeshawaiianhost or #yesKOHO AND/OR EMAILING/MESSAGING MY CONTENT, I REPRESENT TO KOHO CHOCOLATES LLC THAT I AM AT LEAST 18 YEARS OF AGE AND AGREE WITH KOHO CHOCOLATES LLC AS FOLLOWS: For the consideration set forth below, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to Hawaiian Host the non-exclusive right to use, adapt, modify, copy, display, perform, incorporate, publish, distribute, prepare derivative works, and perform publicly by means of digital audio transmission the materials submitted (“Licensed Material”), in perpetuity and throughout the world, in any manner and format, now known or hereafter devised, and for any and all purposes, including, without limitation, for print and broadcast advertising, collateral, presentations, public relations and editorials for local, national, international and global marketing, in databases, digital, CD-ROM, other interactive media, and on-line formats including the Internet and formats and databases accessible through all on-line search engines. When possible, my name and/or social media account handle will be included as a credit in print, social media, and online banners (if used for online banners). I represent and warrant to KOHO Chocolates LLC that:
To the fullest extent permitted by law, I shall defend, indemnify, and forever hold harmless KOHO Chocolates LLC and their respective officers, directors, employees, licensees, assigns, agents, and affiliates from and against all costs, liability, loss, damage, and expense, including all attorneys’ fees, and all claims, suits, and demands therefor, arising out of or resulting from my breach of this agreement.