NO PURCHASE OR PAYMENT NECESSARY. WE WILL NEVER ASK YOU TO PAY TO PLAY.
Eligibility. This woosh.kinsta.cloud Games are open to legal residents of the United Kingdom, Canada, Australia and the fifty (50) United States (including District of Columbia), Guam, Puerto Rico, U.S. Virgin Islands, and other U.S. territories who are eighteen (13) years or older at the time of entry. Any entry by any person shall be invalid if they are a legal resident outside of these aforementioned areas or where the Woosh is or maybe prohibited by Law. Employees of woosh.kinsta.cloud, or any of its respective parent companies, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Game and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. Games are subject to all applicable laws in the UK and United States at a federal, state and local and regulatory level. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Woosh’s decisions, which are final and binding in all matters related to the Game. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Disqualification: The Woosh reserves the right, at its sole discretion, to disqualify any Entrant that it determines (a) has tampered with the entry process, the operation of the Game; (b) has acted in a disruptive manner, or with intent to annoy or harass the Woosh, other Entrants, or any other person or entity; (c) has not satisfied all of the requirements for entry in the Game; or (d) is otherwise ineligible under, or in violation of these Official Rules, any applicable law or any policies or terms posted on woosh.kinsta.cloud. Any attempt by an Entrant to commit acts of misconduct set forth in this section may be subject to civil and criminal law claims, and Woosh reserves the right to seek damages from such Entrant to the fullest extent permitted by law.
Verification of Potential Winner(s). POTENTIAL WINNER(S) ARE SUBJECT TO VERIFICATION BY WOOSH WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE Game. Potential winner(s) must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email. The potential winner(s) may be required to sign and return to Woosh, within five (5) days of the date the notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Game prize is disqualified for any reason.
Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Woosh; (b) release and hold harmless the Woosh and its respective parents, subsidiary, and affiliated companies, any prize suppliers (including insurers of prizes) and any other organizations responsible for Wooshing, fulfilling, administering, advertising or promoting the Game, 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 Game, 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 Woosh from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Game and/or entrant’s acceptance, use or misuse of the prize.
Publicity. Except where prohibited, participation in the Game constitutes winner’s consent to Woosh’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions. Woosh reserves the right to cancel, suspend and/or modify the Game, or any part of it, for any reason in its sole discretion and it shall have no liability of any kind as a result of such decision. Woosh reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Game may be a violation of criminal and civil law, and, should such an attempt be made, Woosh reserves the right to seek damages from any such person to the fullest extent permitted by law. Woosh’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability. The Released Parties are not responsible for: (a) 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 Game; (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 Game; (d) technical or human error which may occur in the administration of the Game 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 entrant’s participation in the Game or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Game. If the Woosh needs to discontinue the Game, or any part of it, for any reason, Woosh, at its discretion, may elect to hold a random redraw and any the Released Parties shall hold no liability to any person who may have suffered a loss as a result. No more than the stated prize will be awarded.
Disputes. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Games, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Game, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the City of New York, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Game, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Woosh in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.