NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Valid only in the following jurisdictions: CA, CO, DC, GA, HI, MD, OR, VA, and WA. Void everywhere else, outside the United States, and where prohibited by law. Subject to all federal, state and local laws, regulations, and ordinances. Sweepstakes begins on June 8, 2021 at 12:00 p.m. local time and ends on July 9, 2021 at 11:59 p.m. local time (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., TWITTER, INC., INSTAGRAM, INC. OR YOUTUBE, LLC.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.1. Eligibility: The Kaiser Permanente ImmUNITY Sweepstakes (the “Sweepstakes”) is open to legal US. residents ages 12 and older currently residing in CA, CO, DC, GA, HI, MD, OR, VA, and WA, that, at any point between December 2020 and the end of the Sweepstakes Period: (i) received at least one (1) dose of a COVID-19 vaccine at a Kaiser Permanente healthcare facility or a qualifying Kaiser Permanente-sponsored vaccination distribution site (see Exhibit A for qualifying Kaiser Permanente-sponsored sites); or (ii) is a Kaiser Permanente member who (a) received at least one (1) dose of a COVID-19 vaccine elsewhere or (b) is not vaccinated because of a health condition or sincerely held religious belief. Executives of Kaiser Foundation Health Plan, Inc., the Permanente Federation, and the Permanente Medical Groups are not eligible and cannot win prizes or rewards. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor 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 Sweepstakes. If participation in this Sweepstakes is in violation of employer policies, the entrant may be disqualified from entering or receiving prizes. Sponsor 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.
2. Sponsor/Administrator: The Sweepstakes sponsor is Kaiser Foundation Health Plan, Inc., a California not-for-profit corporation with offices located at One Kaiser Plaza, Oakland, CA 94612 (“Sponsor”). The Sweepstakes administrator is BRAND AMP, LLC, a California limited liability company with offices located at 1945 Placentia Ave., Building C, Costa Mesa, CA 92627 (“Administrator”).
3. How to Enter: There are three (3) ways to enter the Sweepstakes, as described below:
a. Receive a COVID-19 Vaccine at KP Site: All individuals including Kaiser Permanente members and non-members who meet the eligibility criteria set forth in Section 1 above and have received at least one (1) dose of a COVID-19 vaccine at a Kaiser Permanente or a Kaiser Foundation Hospitals healthcare facility or one of the qualifying Kaiser Permanente-sponsored vaccine distribution sites listed in Exhibit A hereto by the end of the Sweepstakes Period will automatically receive one (1) Sweepstakes entry.
b. KP Members Vaccinated Elsewhere: All Kaiser Permanente members who meet the eligibility criteria set forth in Section 1 above and have received at least one (1) dose of a COVID-19 vaccine by the end of the Sweepstakes Period at a location that is not a Kaiser Permanente or a Kaiser Foundation Hospitals healthcare facility or a qualifying Kaiser Permanente-sponsored vaccine distribution site (listed in Exhibit A hereto) will automatically receive one (1) Sweepstakes entry. Kaiser Permanente members should check their health record to ensure that their vaccination record is updated and accurate, and if not, are encouraged to submit their vaccination record to their health record. Information for how to check your vaccination status and submit your vaccine information can be found at: www.kp.org/covidvaccine. Please note that all potential winners who are KP members that received a COVID-19 vaccine elsewhere must have their vaccination record validated as part of the winner verification process. Sponsor reserves the right to disqualify any potential winner whose vaccination record cannot be validated.
c. KP Members Not Receiving a Vaccine: Alternatively, all Kaiser Permanente members who (i) were members as of June 7, 2021 and (ii) will not receive a COVID-19 vaccine due to a health condition or a sincerely held religious belief are still eligible to enter and win. Such individuals will automatically receive one (1) Sweepstakes entry for being a Kaiser Permanente member and do not need to take any additional steps to enter the Sweepstakes. However, please note that if selected as a potential winner, the winner verification process will require an attestation under penalty of perjury that such potential winner will not receive a COVID-19 vaccine due to a health condition or sincerely held religious belief.
Limit one (1) entry per person, regardless of the method of entry. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Sponsor reserves the right to disqualify any potential winner whose vaccination record cannot be validated, or who cannot attest under penalty of perjury that such potential winner will not receive a COVID-19 vaccine due to a health condition or sincerely held religious belief.
Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
4. Selection of winners: On or about August 9, 2021, Administrator 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. Prizes will be matched with potential winners in the order they appear in the table in Section 5 below (e.g., the first 100 potential winners selected will be matched with the Disneyland prize, the next 100 will be matched with the National Park prize, etc.). However, if a potential prize winner is a minor in his or her state of residency, his or her parent or legal guardian will have the option of either (i) accepting the prize on the minor’s behalf; or (ii) accepting a substitute prize in the form of a scholarship in the minor’s name in an amount equal to the approximate retail value (“ARV”) of the applicable prize. Notwithstanding the foregoing, if a prize provider’s policies or usage terms and conditions do not permit use of the applicable prize based on an age restriction (whether in whole or in part), then the applicable prize will automatically be substituted and the minor will be awarded a scholarship in his or her name in an amount equal to the ARV of the applicable prize.
The potential winners will be notified by telephone or email (based on information in Sponsor’s systems) on or about August 23, 2021 and must respond to this notification within forty-eight (48) hours. Except where legally prohibited, each potential winner must sign (or have their parent/legal guardian sign if potential winner is a minor in his or her respective place of residency) and return, an Affidavit or Declaration of Eligibility, Liability & Publicity Release (“Winner Documentation”) within seven (7) days of receipt thereof, in order to claim his/her prize. “Winner Documentation” may also include, without limitation: proof of vaccination, written consent to access patient health information to verify vaccination status (or have their parent/legal guardian sign if potential winner is a minor in his or her respective place of residency), or written attestation that they cannot be vaccinated because of a medical condition or sincerely held religious belief. Potential winners will also be required to provide consent to share their name and contact information with Administrator for purposes of claiming and fulfilling prizes. If a potential winner cannot be contacted in person via email and/or telephone after the first attempt to contact him/her, or if he/she fails to sign and return the Winner Documentation or other required document within the required time period, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only four (4) alternate drawings will be held per prize, after which any remaining prizes will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. 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.
5. Prizes: One thousand (1,000) winners will each receive a Be Well Reward (also referred to as a prize), as set forth below:
- Be Well Reward: Family Trip to Disneyland
- Description: Each winner will receive, for winner and three (3) guests (each, a “Guest”): (i) a three (3)-day park hopper ticket to Disneyland California; (ii) roundtrip economy class air transportation for winner and Guests (to be taken together), which shall originate from a major U.S. gateway airport of Sponsor’s choice nearest winner’s residence (as determined by Sponsor) to a major U.S. gateway airport of Sponsor’s choice near Anaheim, California. Sponsor reserves the right to substitute ground transportation if winner resides within a one hundred and fifty (150)-mile radius of Anaheim CA; (iii) round trip ground transportation for winner and Guests (to be taken together) between the destination airport and the hotel (one-way each); (iv) four (4) nights hotel accommodations on or near Disneyland (as determined by Sponsor) for winner and Guests, which shall be one (1) standard double room based on four (4)-person occupancy (meals, telephone calls, tips, and other incidentals and costs are not included); (v) a miscellaneous stipend of $150 total, to be distributed in the form of a prepaid gift card (card issuer terms may apply and may not be used towards tobacco, alcohol or firearms); and (vi) Kaiser Permanente branded merchandise. Travel must be completed by July 31, 2022.
- # of Winners: 100
- Approximate Retail Value (“ARV”) of Each Prize: $7,110.00
- Be Well Reward: National Park Prize Pack
- Description: Each winner will receive: (i) one (1) America the Beautiful – National Parks & Federal Recreational Lands Annual Pass; (ii) camping gear for four (4), including a tent, sleeping bags, water packs, bug spray, flashlights, and lanterns; and (iii) Kaiser Permanente branded merchandise. Pass valid for one (1) full year term from date of purchase (to be arranged with Administrator). Pass allows pass owner and up to three (3) accompanying adults 16+ (and as many children 15 and under) in a single, private, non-commercial vehicle to enter Federally operated recreation sites across the United States. Prize does not include travel to any National Park or any additional fees that may be associated with visiting and/or staying in a National Park, such as food or campground reservation fees.
- # of Winners: 100
- Approximate Retail Value (“ARV”) of Each Prize: $1,150.00
- Be Well Reward: Wellness Retreat
- Description: Each winner will receive, for winner and one (1) guest (“Guest”): (i) three (3) nights resort stay at a wellness retreat at either Canyon Ranch in Tucson, Arizona or Canyon Ranch in Woodside, California (as designated by winner) for winner and Guest, which shall be one (1) standard room based on double occupancy (telephone calls, tips, and other incidentals and costs are not included); (ii) meals during the stay at the resort; (iii) roundtrip economy class air transportation for winner and Guest (to be taken together), which shall originate from a major U.S. gateway airport of Sponsor’s choice nearest winner’s residence (as determined by Sponsor) to a major U.S. gateway airport of Sponsor’s choice near Tucson, Arizona or San Jose, California (based on which Canyon Ranch location winner designates). Sponsor reserves the right to substitute ground transportation if winner resides within a one hundred and fifty (150)-mile radius of Tucson/San Jose (as applicable); (iv) round trip ground transportation for winner and Guests (to be taken together) between destination airport and the resort; and (v) Kaiser Permanente branded merchandise. If winner designates Canyon Ranch in Woodside, CA, winner and Guest will also each receive two (2) spa treatments at the resort. Alternatively, if winner designates Canyon Ranch in Tucson, AZ, (a) winner will also receive a miscellaneous stipend of $539 total, to be distributed in the form of a prepaid gift card (card issuer terms may apply and may not be used towards tobacco, alcohol or firearms) and (b) winner and Guest will also each receive six (6) spa treatments at the resort. Travel must be completed by July 31, 2022.
- # of Winners: 100
- Approximate Retail Value (“ARV”) of Each Prize: $10,262.00
- Be Well Reward: Healthy Meal Delivery
- Description: Each winner will receive three (3) Hello Fresh meals (serving for two (2) people) delivered to winner’s residence per week, for one (1) year. Sponsor reserves the right to provide membership to an alternate meal delivery system (as determined by Sponsor in its sole discretion) if the potential winner resides in Hawaii. Winner will be required to provide credit card information to enroll in the delivery service, but will not be charged.
- # of Winners: 200
- Approximate Retail Value (“ARV”) of Each Prize: $3,120.00
- Be Well Reward: Gym Membership
- Description: Each winner will receive a one (1)-year gym membership at a 24 Hour Fitness location near winner’s residence (as determined by Sponsor in its sole discretion). Sponsor reserves the right to provide membership to an alternate gym if there is no 24 Hour Fitness location reasonably near winner’s residence (as determined by Sponsor in its sole discretion). Winner will be required to provide credit card information to enroll in the membership, but will not be charged unless winner opts-in to continue membership after the first 12 months
- # of Winners: 400
- Approximate Retail Value (“ARV”) of Each Prize: $1,320.00
- Be Well Reward: Personal Training Equipment
- Description: Each winner will receive a personal training package consisting of: (i) one (1) interactive personal training device; (ii) a one (1)-year subscription to the device’s corresponding personal training platform; (iii) one (1) set of fitness bands; (iv) one (1) heart rate monitor; (v) one (1) personal training weight set to be used with the device; (vi) one (1) personal massage device with stand and a one (1)-year protection plan; and (vii) an athletic clothing provider gift card for $339. Personal training prize package includes delivery, but does not include assembly or installation, if any is required. Winner will be required to provide credit card information if winner opts-in to continue subscription to the device’s corresponding personal training platform after the first 12 months. Winner is responsible for their own Android/IOS device and internet access to download and/or use the subscription service.
- # of Winners: 100
- Approximate Retail Value (“ARV”) of Each Prize: $3,500.00
The total ARV of all prizes to be awarded: three million, three hundred fifty-four thousand and two hundred U.S. Dollars ($3,354,200.00 USD).
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, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or portion of a prize. Prizes cannot be used in conjunction with any other Sweepstakes 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 Sponsor shall have no liability whatsoever with respect to any such forfeiture.
ADDITIONAL PRIZE RESTRICTIONS (travel prizes): Travel must be completed by July 31, 2022. Prize winner and Guest(s) must travel on the same itinerary and must travel together. Travel subject to availability and blackout dates. Prize winner and Guest(s) are responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsor or its designated agent and on an airline carrier of Sponsor’s choice. If required, Prize winner must be available to travel on dates specified by Sponsor or risk forfeiting prize. Certain travel restrictions may apply. All Guests must be at time of prize fulfillment the age of majority in the jurisdiction in which Guest resides (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release prior to prize award. If Guest is a minor in his or her state of residency, minor’s parent/legal guardian must complete and return all releases on behalf of minor. If Prize winner elects to travel or participate in the prize travel without fewer than three (3) Guests (for Disneyland prize) or without a Guest (for Wellness Retreat prize), no additional compensation will be awarded. If Prize winner elects to travel or participate in the prize travel with more than three (3) guests (for Disneyland prize) or more than one (1) guest (for Wellness Retreat prize), such additional guests shall be responsible for any and all costs associated with such travel. Prize winner and Guest(s) are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at Sponsor’s sole discretion. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s designated airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation providers shall constitute the sole contracts with respect to the Prize winner’s and Guest’s transportation and such contracts shall be solely between the Prize winner, Guest, and such transportation companies. Lost, stolen, or damaged airline tickets will not be replaced or exchanged. No stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and Prize winner and Guest(s) will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Hotel nights booked in connection with the prize may not be eligible for loyalty program points or upgrades. Prize winner and Guest(s) must comply with all hotel check-in and check-out requirements, including, but not limited to, the presentation of a payment card. All transportation and hotel accommodations must be taken together and cannot be taken separately.
In the event Prize winner and/or a Guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Prize winner and/or Guest(s) home with no further obligations or compensation whatsoever to Prize winner and/or Guest(s) (which may, in Sponsor’s sole discretion, result in such winner’s disqualification from the Sweepstakes and forfeiture of any and/or all prizes or portion(s) thereof. In the event Prize winner and/or a Guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Prize winner and/or Guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Prize winner and/or Guest(s) as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S AND/OR GUEST’S ACCEPTANCE OR USE OF THE PRIZE.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, Administrator, and their 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 Sponsor or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor 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 Sweepstakes, and/or the legitimate operation of the Sweepstakes; 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 Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes 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.
8. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: By participating in this Sweepstakes, entrants agree that Sponsor, Administrator, Facebook, Twitter, Instagram, YouTube, 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes 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, Sponsor 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 SWEEPSTAKES, 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 SWEEPSTAKES OR IN ANY SWEEPSTAKES 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 TRAVEL CANCELLATIONS, 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 SWEEPSTAKES, 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 SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES 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.
9. 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, 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.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Alameda County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Francisco, CA, Los Angeles, CA, Portland, OR, Seattle, WA, Denver, CO, Washington D.C., or Atlanta, GA (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Alameda County, California. The parties further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
10. Privacy: Any personal information sent to, shared with or collected in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy found at kp.org/privacy. Sponsor, Administrator, and their respective agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment.
11. Official Rules and Winners List: For a copy of the Official Rules, you can find them at: www.kp.org/sweepstakesrules or send an email to KPImmUNITYSweeps@thebrandamp.com with the subject line “KP ImmUNITY Sweepstakes Official Rules” by July 9, 2021. For a list of Sweepstakes winners available after September 15, 2021, send an email to KPImmUNITYSweeps@thebrandamp.com with the subject line “KP ImmUNITY Sweepstakes Winners List” by September 30, 2021.
Copyright ©2021 Kaiser Foundation Health Plan, Inc. All trademarks used in these Official Rules are the registered trademarks of their respective owners. Prize providers listed herein are not affiliated with this Sweepstakes. All rights reserved.
QUALIFYING KAISER PERMANENTE-SPONSORED VACCINE DISTRIBUTION SITES
- Market: Northwest
- Market: Hawaii
- Site Name: COVID-19 Vaccination Center at Kapolei Consolidated Theatres
- Address: 890 Kamokila Blvd., Kapolei, HI 96707
- Market: NCAL
- Site Name: Moscone Center – Covid-19 Vaccination Hub
- Address: 747 Howard St, San Francisco, CA 94103
- Market: NCAL
- Site Name: Stockton Arena – Covid-19 Vaccination Hub
- Address: 248 West Fremont Street, Stockton, CA 95203
- Market: SCAL
- Site Name: Cal Poly Pomona – Covid-19 Vaccination Hub
- Address: 674 Kellogg Dr, Pomona, CA 91768
- Market: SCAL
- Site Name: CSU Bakersfield – Covid-19 Vaccination Hub
- Address: 9001 Stockdale Hwy, Bakersfield, CA 93311
