January 17, 2016 update:
We would like to thank everyone who joined our New Year, New You! contest.
Congratulations to @natsumi78 (Twitter), @ReadyOwl (Twitter), @sandwanderer (Instagram) and Melissa Cross (Facebook)! Each one of you will receive a Fitbit Charge 2.
We will contact you through your respective social media accounts.
The Rainier Cherry is known as the Champagne of Cherries. It has a red-yellow blush and extremely thin skin that delicately encases one of the most luscious and decadent flavours nature has to offer. Rainier has a distinctive and superior appearance among sweet cherry varieties. Delicately flavoured with extraordinary sugar levels, the flesh is pure yellow, very firm and finely textured.
Once you bring them home, make sure to put them straight into your refrigerator for a few hours to cool and firm them up. Take them out, give them a rinse with cool water and enjoy!
To celebrate the arrival of these delicious and nutritious cherries, we are hosting a giveaway to for a healthy new year!
Each winner will receive one (1) Fitbit Charge 2 Heartrate and Fitness Wristband unit that retails between CAD 179.99 to CAD 229.95 in stores as of January 2017.
Contest winners will be selected after the Contest Period ends and will be announced on January 18, 2017 on our Facebook, Twitter, Instagram and on our website.
REQUIREMENTS FOR A VALID CONTEST ENTRY
To qualify, each entry should meet all the following requirements:
1. Posted on any of the following social media channels: Facebook, Twitter or Instagram;
2. Posted between the Contest Period: January 11, 2017 to January 16, 2017 by 11:59AM PST;
3. Include the contest graphic (shown above) for Chilean Cherries and the hashtags #FitWithKins and #FruitsFromChile
4. Entrant must follow Kin’s Farm Market @kinsfarmmarket and The Chilean Fresh Fruit Exporters Association (ASOEX) @fruitsfromChile on respective social media channel where entry was posted. [For example: Instagram account with entry for the contest should follow the Instagram accounts for @kinsfarmmarket and @fruitsfromChile.]
Multiple entries are accepted as long as they adhere to the requirements stated above.
Contest Rules and Regulations
Kin’s Farm Market Ltd. (“Kin’s”) is operating a promotional contest (the “Contest”).
The Contest commences on January 11th, 2016 and continues until January 16, 2016, 11:59PM PST.
Kin’s has established the rules and regulations for the Contest (collectively, the “Contest Rules”).
Kin’s will award Contest winners with various prizes (the “Prizes”), which have been supplied by Kin’s and sponsors (the “Sponsors”).
NOW THEREFORE, in consideration of Kin’s allowing the Contestant to participate in the Contest, the Contestant agrees to the following:
Contestant’s Representations and Warranties
1. The Contestant represents and warrants that:
1.1. the Contestant is eligible to participate in the Contest, according to the Contest Rules;
1.2. the Contestant is a resident of British Columbia and has reached the age of majority; and
1.3. the Contestant has complied with the Contest Rules to date.
2. The Contestant covenants and agrees that:
2.1. the Contestant’s statements, representations and warranties in and during the Contestant’s participation in the Contest shall be true to the best of the Contestant’s knowledge and the Contestant shall participate in the Contest period with the highest degree of sportsmanship and integrity and behaviour which reflects positively on the Kin’s brand;
2.2. the Contestant shall comply with all applicable laws during the Contestant’s participation in the Contest;
2.3. the Contestant shall not infringe the rights of any third party during the Contestant’s participation in the Contest;
2.4. the Contestant shall be responsible for any losses, liabilities, damages, claims, demands, actions, suits, judgements, costs and expenses (the “Liabilities”) incurred in relation to the Contestant’s participation in the Contest, and the Contestant indemnifies and saves harmless Kin’s and the Sponsors and their employees, contractors, agents, representatives and all other organizers of the Contest (collectively the “Indemnified Parties”) from and against all Liabilities arising from:
2.4.1. the Contestant’s participation in the Contest;
2.4.2. the Contestant’s violation of any of the Contest Rules or any provision of this Agreement; and
2.4.3. the Contestant’s use and enjoyment of any of the Prizes;
2.5. the Contestant, for himself/herself, his/her heirs, executors, administrators and assigns, waives any claims, demands, damages, actions or causes of actions (the “Claims”) against any of the Indemnified Parties and releases the Indemnified Parties from any Claims, where such Claims arise out of any loss, injury or damage incurred during or as a result of the Contestant’s participation in the Contest, notwithstanding that any such Claim may have arisen by reason of the negligence of any of the Indemnified Parties. Without limiting the generality of the foregoing, the Contestant further releases any recourses which he/she may now or hereafter have resulting from any decision of Kin’s in conducting the Contest;
2.6. during and after the Contest, the Contestant shall not make any derogatory, defamatory or negative statements about Kin’s, the Sponsors or the Contest which may reflect negatively on Kin’s or the business or reputation of Kin’s. The Contestant acknowledges that Kin’s has invested substantial resources to establish a positive reputation and goodwill in Kin’s brand and trademarks. As such, if the Contestant makes any such derogatory, defamatory or negative statements about Kin’s, Kin’s reserves the right to take legal action against the Contestant, at the Contestant’s expense, to require the Contestant to cease and desist making such statements and retract such statements as necessary.
3. Kin’s will release Contest Rules during the Contest Period.
4. Kin’s reserves the right, in its sole discretion to terminate, modify or suspend this Contest, or modify the Contest Rules at any time for any reason whatsoever. Kin’s will notify the Contestant of any such termination, modification or suspension as soon as reasonably practicable.
5. The Contestant acknowledges and agrees that the chances of winning each of the four (4) Prizes is based on the number of eligible social media entries entered in the draw according to the Contest Rules.
6. The Contestant agrees that the use and enjoyment of each Prize is subject to the terms and conditions of the Sponsor providing that Prize.
7. Prizes must be accepted as awarded, and no substitution or transfer of prizes is permitted, provided that Kin’s reserves the right to substitute a prize of similar value if an advertised Prize is unavailable. For further clarity, no equivalent cash value will be given in substitution for a Prize. Kin’s or the Sponsor will disclose the estimated value of each Prize as per the Contest Rules.
8. If the Contestant wins any of the Prizes, the Contestant may be required to submit valid identification and to sign any documents required by Kin’s or the Sponsor providing that Prize, including, without limitation, a release of the Indemnified Parties from any and all liability arising directly or indirectly from or related to the Contest, or the use and enjoyment of the Prize. The Contestant may also be required to answer a time-limited, skill-testing question in order to claim the Prize.
9. The Contestant agrees to participate in any promotional activities as reasonably required by Kin’s or the Sponsors.
Disqualification or Withdrawal
10. Kin’s may, in its sole discretion, disqualify the Contestant at any time, if the Contestant has failed to comply with the Contest Rules or the terms of this Agreement, or if Kin’s determines in its sole discretion that the Contestant has: (i) engaged in fraud, misappropriation or embezzlement of funds; (ii) done anything or is involved in any situation which results or may result in scandal or embarrassment to Kin’s or any of the Sponsors, or conduct which results or may result in ridicule or which shocks, insults or offends or may shock, insult or offend the community or any segment of it or which reflects unfavourably on Kin’s or any of the Sponsors. Kin’s decision to disqualify the Contestant shall be final and binding and Kin’s shall not be responsible for any Liabilities arising from such disqualification.
11. The Contestant may withdraw from the Contest by not accepting the contest prize. Kin’s retains the rights and ownership in and to materials produced by the Contestant in participating in the Contest up to the date the Contestant withdraws from the Contest.
Permission to Use Image
12. The Contestant:
12.1. grants to Kin’s the unrestricted right, in the discretion of Kin’s to record, reproduce, use, exhibit, display, broadcast, distribute, use, license others to use, and create derivative works using the Contestant’s name, photograph, appearance, likeness and voice (collectively, the “Contestant’s Likeness”) for advertising and publicity purposes and in connection with the Kin’s Health Transformation program (including without limitation in public relations or promotional materials, such as advertisements, company literature and other company-related publications), in any and all media now known or hereafter devised (including but not limited to print, broadcast, videotape, electronic, online media, and social media), throughout the world, in perpetuity, in connection with the Contest and the promotion thereof and advertising and promoting the business of Kin’s, without compensation to the Contestant, notice or other liability to Kin’s and the Indemnified Parties;
12.2. agrees that Kin’s shall be the exclusive owner of the advertising and publicity materials produced using the Contestant’s Likeness, with the right throughout the world, an unlimited number of times in perpetuity, in any and all media, now known or hereafter invented, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof; and
12.3. waives any right of inspection or approval of the Contestant’s Likeness or the uses to which the Contestant’s Likeness may be put.
13. The Contestant agrees, from time to time, to do or cause to be done all such things, and shall execute and deliver all such documents, agreements and instruments reasonably requested by Kin’s, as may be necessary or desirable to carry out the intent of this Agreement.
14. This Agreement shall ensure to the benefit of and be binding upon the Contestant and Kin’s and their legal representatives, heirs, executors, administrators, successors and permitted assigns, as the case may be.
15. Where the context so requires, words in the singular shall include the plural, words in the plural shall include the singular and words importing gender include the masculine, feminine and neuter genders.
16. Operation of the Contest and the interpretation of the Contest Rules and this Agreement are governed by the laws of British Columbia, Canada and are subject to all applicable federal, provincial and local laws and regulations.
17. Should any part of this Agreement be declared or held to be invalid for any reason, the invalidity shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect and be construed as if this Agreement had been executed without the invalid portion and it is hereby declared the intention of the parties that this Agreement would have been executed without reference to any portion that may, for any reason, be hereafter declared or held invalid.