Caliva Fun Uncle Promotion
Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OF CANNABIS IS REQUIRED TO PARTICIPATE.

1. Eligibility: This Fun Uncle Promotion (the “Promotion”) is open only to legal permanent residents of California who are at least twenty-one (21) years old at the time of entry (an “Entrant”). Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees, officers or agents of Caliva (the “Sponsor”) or Administrator (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of cannabis products, and any other industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Promotion; or (c) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) and (b). Subject to all applicable federal, state, and local laws and regulations. Void outside of California and where prohibited by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. 

2. Sponsor: Caliva, 1550 Leigh Ave., San Jose, CA 95125

3. Administrator: NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409. 

4. Timing: The Promotion begins on November 1, 2021 at 12:00 AM Pacific Daylight Time and ends on November 30, 2021 at 11:59 PM Pacific Standard Time (the “Promotion Period”). The Website’s (defined below) computer is the official time-keeping device for the Promotion (the “Official Computer”).

5. To Participate: To enter, visit www.fununclesweeps.com (the “Website) and follow directions to enter this Promotion. Entrants must fully complete and submit all required information on the online entry form and play the instant win e-scratcher to reveal the prize win notification status page. Incomplete entries are void. Entrant must come back each day of the Promotion to complete the online entry form to receive one (1) play/entry per day. Entrants may also enter via the QR code found on Sponsor branded advertising materials. Entrant will scan the QR code using a web-enabled wireless device equipped with a QR code reader app (free to download) to be directed to the Website where you would follow the directions above to play/enter. Message and data rates may apply for entries submitted via mobile devices. Check your mobile plan for rates/details.

NOTE: Entrants are required to register at the first attempt to play. Upon returning to the Website, Entrants may play/enter additional times by submitting their email and personal information and clicking the “Get My Scratcher” button.

Limit: Limit one (1) play/entry per person per calendar day (an Entrant may only enter with one email address or physical address each day – additional plays/entries by the same person via additional email addresses or physical addresses will be void and subject Entrant to disqualification). One play/entry per calendar day (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM Pacific Time and ending at 11:59:59 PM Pacific Time on any one (1) calendar date).  

Any attempt by any Entrant to play/enter more than the stated number of times by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s plays and entries and that Entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, invalid or misdirected entries, which will be disqualified. 

In the event of a dispute as to any participation, the authorized account holder of the email address used to play/enter will be deemed to be the Entrant. “Authorized account holder” of the email address is defined as the natural person who is assigned to an email address by an internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. A potential prize winner may be required to show proof that he/she is the authorized account holder or resident of the physical address provided at the time of play/entry. All information submitted becomes the sole property of Sponsor and will not be acknowledged or returned. 

6. Prizes 
Grand Prize: One (1) grand prize winner (the “Grand Prize Winner”) will receive the use of a rental camper, RV, or converted van for the length of time to be determined based on the value of up to $4,000.00 (the “Grand Prize”). Rental must be completed by 12/31/2022. Certain blackout dates may apply. All rental accommodations and arrangements are at Sponsor’s discretion. Grand Prize Winner will be responsible for any additional transportation, excursions, tips or gratuities, fuel, parking, beverages, telephone calls and any other incidental costs or expenses not specifically stated herein as being included in the Grand Prize.

First Prize: Five (5) first prize winners (each a “First Prize Winner”) will receive a $100 gift card to REI (each a “First Prize”). Total approximate retail value (“ARV”) of all First Prizes is $500.

Total ARV of all prizes: $4,500.00. 

Limit one prize per family or household. If a potential prize winner is disqualified for any reason after the Promotion Period has ended, Sponsor will award the applicable prize to an alternate prize winner as explained below. 

Prizes are nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Prize winners are responsible for all taxes and fees associated with the prize award, receipt and/or use. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No cannabis is awarded in any prize. The names of individuals, companies, products and/or logos are used for identification purposes only and are the intellectual property of their respective owners. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. 

7. Winning/Odds: 

Grand Prize: The Grand Prize will be awarded using a winning time randomly generated by the Official Computer. Odds of winning the Grand Prize depend on the number of eligible plays received and the date and time in which the Entrant plays during the Promotion Period. Once awarded, the Grand Prize will no longer be eligible to be won unless the Grand Prize Winner is disqualified. In that case, an alternate Grand Prize Winner will be selected as set forth below.

First Prizes: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential First Prize Winners (defined below) are final and binding in all matters related to the Promotion. On or about December 3, 2021, five (5) First Prize Winners will be selected in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion.

8. Prize Prize-Win Notice/Claim: After revealing prize-winning notification status on the Website, a confirmation e-mail will be sent to the e-mail address supplied at the time of entry (a “Prize-Win Notice”). Print and retain the Prize-Win Notice, as record of your potential prize-winner status. Sponsor and Promotion Administrator will not accept screen shots or other evidence of winning in lieu of its validation process.

If for any reason, including, without limitation, a technical or other error, more prizes are claimed than the number set forth in these Official Rules, all Entrants making purportedly valid claims for the relevant prize will be entered into a random drawing from which winners for only the advertised number of prizes will be selected. 

If Sponsor cannot reach a potential prize winner, a potential prize winner does not respond by the date indicated within a Prize-Win Notice, or if it is determined by Sponsor, in its sole discretion, that a potential prize winner is not eligible in accordance with these Official Rules, such potential prize winner will be disqualified (without compensation or liability of any kind). The return of any email or prize as undeliverable may result in disqualification. 

The awarding of each prize is subject to verification by the Sponsor whose decisions are made based at their sole discretion. Sponsor’s interpretation of these Official Rules is final and binding in all respects. A potential prize winner is not a prize winner of any prize until his/her eligibility and the potential prize-winning play and the required information to claim the prize has been verified by Sponsor. 

Grand Prize: The potential Grand Prize Winner will receive a Prize-Win Notice on or about one (1) day after revealing Grand Prize-win notification status on the Website. The potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) (if applicable) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) days of receipt of the Prize-Win Notice. 

If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the Prize-Win Notice is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and another potential Grand Prize Winner will be selected from among all remaining non-winning eligible entries received during the Promotion Period if the Promotion has ended or via a new random computer-generated time during the remaining Promotion Period, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. 

The Grand Prize is taxable as income and the value of the Grand Prize must be reported to the IRS in the year the Grand Prize is received by the Grand Prize Winner. The Sponsor will report acceptance of Grand Prize to the IRS in the form of a Form 1099 and issue a copy to the winner. If the potential Grand Prize Winner does not have a valid social security number for Sponsor (or any party acting on its behalf) to report the tax liability associated with acceptance of the Grand Prize, the potential Grand Prize Winner will be disqualified and another potential Grand Prize Winner will be selected as described below. Valid social security numbers will be determined by IRS requirements.

First Prizes: Potential First Prize Winners will be sent a Prize-Win Notice on or about five (5) days following the Promotion end date. To claim a prize, potential First Prize Winners will be required to respond within five (5) days by clicking on the prize claim link within the Prize-Win Notice and completing the prize claim form. 

9. Release: In exchange for the right to participate in the Promotion, each prize winner agrees to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. 
 
10. Publicity: Acceptance of a prize constitutes prize winner’s consent to Sponsor’s and its agents’ use of the prize winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. All prize winners understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of prize winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity. 
 
11. General Conditions: Sponsor reserves the right to cancel, suspend or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor 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 Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By playing/entering the Promotion and accepting a prize, the prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity. Prize winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the prize winner if he/she violates the policies of these Official Rules; and, in such a case, the prize winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

12. 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 Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry/play process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of plays/entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, incomplete, incorrect, stolen entries; or (f) 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 Promotion or receipt or use or misuse of any prize. If for any reason an Entrant’s play/entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another play/entry in the Promotion, unless it is not possible to award another play/entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. In the event that production, technical, programming or any other reasons cause more than the 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. 
 
13. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased. 

14. Privacy. Information submitted with an entry is subject to Sponsor’s Privacy Policy available at https://caliva.com/privacy-policy. 
 
15. Winner List: For the names of all prize winners, send a self-addressed, stamped envelope by December 30, 2022 to Fun Uncle Promotion NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409. Prize winners’ first name, last initial, and city will be published in the winner’s list. Requests will be fulfilled after prize winners are verified.

This Promotion shall not be published without written permission by Sponsor.