NTWRK x OIKOS Drawing Rules & Regulations
OFFICAL RULES FOR NTWRK DRAWING:
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE OR THE ABILITY TO PURCHASE A PRODUCT, AS APPLICABLE. VOID WHERE PROHIBITED.
YOUR ENTRY IN A DRAWING MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF NTWRK (DEFINED BELOW) AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
SPONSOR: Commerce Media Holdings, LLC dba Complex and NTWRK (“NTWRK”) may, from time to time, offer Users the opportunity to participate in a drawing for a chance to win the opportunity to purchase or win certain products (each a “Drawing”). Please note, Apple Inc. is not a sponsor, or involved in any manner, in any drawings that NTWRK operates. Your participation in any Drawing constitutes your full and unconditional agreement to these Terms and the decision of any Drawing sponsor (“Sponsor”), which is final and binding in all matters related to the Drawing.
ELIGIBILITY: The Drawings are only open to Users who are legal residents of the United States of America who, at the time of entry, are eighteen (18) years or older and the age of majority in their state of legal residence at the time of entry. Eligibility is contingent upon fulfilling all requirements set forth herein. NTWRK employees, family members of NTWRK employees, and cohabitants of NTWRK employees (collectively, “NTWRK Employees”) are not eligible to participate in any Drawing. In the event a NTWRK Employee wins a Drawing, any prize shall be forfeited, and in NTWRK’s sole discretion, NTWRK will randomly select an alternate winner.
HOW TO ENTER: This drawing begins on March 20th, 2024, at 8:00 AM (PT) / 11:00 AM (ET) and ends on March 26th, 2024, at 5:03 PM (PT) / 8:03 PM (ET) (“Entry Period”). Enter the drawing by utilizing the NTWRK Application (https://thentwrk.com/) and following the drawing flow for the NTWRK x Oikos Drawing Show.
PRIZES: Users are given one (1) drawing entry for each product listing. This drawing entry may be submitted by the User for a chance to win the following products: (i) “Custom 20lb OIKOS Kettlebell,” (ii) “Custom OIKOS Cold Plunge Tub,” and (iii) “Custom OIKOS Varsity Jacket”. There are twenty (20) “Custom 20lb OIKOS Kettlebell” (ii) one (1x) “Custom OIKOS Cold Plunge Tub,” and fifteen (15) Custom OIKOS Varsity Jackets. The Custom 20lb OIKOS Kettlebell has an approximate retail value of $50 each. The Custom OIKOS Cold Plunge Tub has an approximate retail value of $1,000 each, and the Custom OIKOS Varsity Jacket has an approximate retail value of $150 each.
PRIZES MAY CONSIST OF THE OPPORTUNITY TO PURCHASE LIMITED-EDITION PRODUCTS AT RETAIL PRICE. SUCH OPPORTUNITIES HAVE NO CASH VALUE AND ARE NONTRANSFERABLE.
PRIZES ARE OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OR GUARANTEE BY NTWRK OTHER THAN WHAT IS EXPRESSLY INCLUDED WTH THE PRIZE.
All non-stated features of the Prizes are in NTWRK’s discretion and subject to availability, including without limitation color, design, and sizing. All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the winner. Winner(s) will be responsible for all other expenses relating to the receipt and use of the Prize. Prizes are nontransferable and may not be substituted or redeemed for cash by winner(s). NTWRK reserves the right to substitute a Prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of winner(s).
Any details not specified above will be determined by NTWRK or Sponsor in its sole discretion or pursuant to the applicable Drawing. No cash equivalent or other substitution may be made, except by NTWRK or Sponsor in its sole discretion, who reserves the right to substitute eligibility with another promotion if the product is not available for any reason as determined by NTWRK or Sponsor in its sole discretion.
WINNER SELECTION: NTWRK or the Sponsor will select the winners of the Drawing randomly from all entries received during the applicable Drawing Entry Period. The odds of receiving eligibility to win or purchase a designated product depend on the number of eligible entries received and the availability of products by size. When a User enters a Drawing, NTWRK will not place a hold on the User’s credit card. The winners will be notified by email and/or text message within twenty-four (24) hours of the close of the applicable Drawing Entry Period, and only the winners’ credit cards will automatically be charged $1.00 as a processing fee. Winners will not be charged for shipping. In the event that any winner’s credit card is declined and/or the charge does not go through for any reason, then NTWRK may, in its sole discretion, select an alternate winner. In the event any winner violates these Terms or any other agreement with NTWRK, then NTWRK may, in its sole discretion, select an alternate winner. Winners will be refunded the $1.00 processing fee 1-2 days after the Drawing and see the funds reflected on their bank statement within 5-7 business days.
VERIFICATION OF POTENTIAL WINNERS: POTENTIAL PRIZE WINNER’S ELIGIBILITY IS SUBJECT TO VERIFICATION BY NTWRK, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE DRAWING(S). Any potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. NTWRK may run a background check on any potential winner. The potential winner may be required to execute and return to NTWRK for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. NTWRK may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner(s) notification or Affidavit is returned as undeliverable; (b) potential winner(s) declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner(s) is found to be ineligible to enter the applicable Drawing or receive the Prize; (e) potential winner(s) cannot or does not comply with the Official Rules; or (f) potential winner(s) fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Drawing and an alternate potential winner may be selected, at NTWRK’s sole discretion, from among the other eligible entries received. NTWRK reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any. Potential winner will be contacted by email using the email address used to enter the Drawing. Failure to respond to the initial verification contact within forty-eight (48) hours of notification may, in NTWRK’s sole discretion, result in disqualification and a new potential winner may be selected by NTWRK from all remaining valid entries. Winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the retail value of the Prize and must provide NTWRK with a valid social security number if requested for tax reporting purposes.
ENTRY CONDITIONS AND RELEASE: By entering, each User agrees to: (a) comply with and be bound by these Official Rules and the decisions of the NTWRK and/or its designee(s) which are binding and final in all matters relating to these Drawings; (b) release and hold harmless NTWRK, and their respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Drawing, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Drawing, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an User’s participation in the Drawing and/or User’s acceptance, use or misuse of any Prize.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by User, or programming associated with or used in the Drawing; (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 Drawing; (d) technical or human error, which may occur in the administration of the Drawing or the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from User’s participation in the Drawing or receipt or use or misuse of any Prize; or (f) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or a User’s failure to monitor its email account. If for any reason an User’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, User’s sole remedy is another entry in the Drawing. No more than the stated number of Prizes will be awarded. If, for any reason, the applicable Drawing cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NTWRK that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Drawing, or if the Drawing is compromised or becomes technically corrupted in any way, electronically or otherwise, NTWRK reserves the right, in its sole discretion, to cancel, modify or terminate the Drawing and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
NTWRK and Sponsor reserve the right to block and/or refuse sale to any participant in the Drawing that NTWRK or Sponsor, in its sole discretion, deems has attempted to cheat or abuse the process, including through the use of programs or scripts that allow users to automate their entries, or engaged in behavior that NTWRK or Sponsor deems inappropriate and/or in violation of these Terms. NTWRK and Sponsor reserve the right to block any User from the NTWRK Services, the NTWRK mobile and web applications, and any official NTWRK and Sponsor social media accounts or websites, which would prevent the user from participation in the Drawing. Factors that would cause NTWRK or Sponsor to block Users include, but are not limited to, threats, harassment, annoyance or any other behavior that NTWRK or Sponsor deems inappropriate in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Drawing may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
Users with winning entries must comply with any post-confirmation steps as notified to User by NTWRK or Sponsor in order to purchase or win the applicable product.
While Sponsor attempts to fulfill all confirmed winning entries, Sponsor does not guarantee or warrant that every winning entry for a product order will be fulfilled.
GENERAL CONDITIONS: The Drawing is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Drawing is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the NTWRK may, in its sole discretion, either: (a) cancel or terminate the Drawing; (b) suspend the Drawing to address the impairment and then resume the Drawing in a manner that best conforms to the spirit of these Terms; or (c) award the eligibility to purchase product at random from among the eligible entries received up to the time of the impairment.
LIMITATIONS OF LIABILITY: BY ENTERING THE APPLICABLE DRAWING, USER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE DRAWING, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY USER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND USER HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA USERS: EACH USER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: Except where prohibited by law, as a condition of participating in an applicable Drawing, each User agrees as follows:
Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Drawing, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. User specifically agrees that, except as otherwise provided herein, entry into the Drawing waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. If JAMS’ criteria are met by the nature of the dispute, the User agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if User is unable to pay JAMS’ costs, NTWRK will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
Neither User nor NTWRK shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than User’s actual out-of-pocket expenses (i.e., costs associated with participating in this Drawing). The parties further waive all rights to have damages multiplied or increased.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with us.
Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, User may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Drawing, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH USER AND NTWRK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Location of Arbitration. User may choose to have the arbitration conducted by video conference technology such as zoom or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where User resides, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
GOVERNING LAW: These Official Rules and any disputes between us shall be governed by the laws of the State of California 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 California
SEVERABILITY: In the event any provision of these Official Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force.
USER’S PERSONAL INFORMATION: When registering for the Drawing, you expressly agree to receive promotional communications from NTWRK. Information collected from Users is subject to the NTWRK’s Privacy Policy, which is available at here.
QUESTIONS: Please email support@thentwrk.com for help.