United States Rules
Canada Rules

FLUENCY SUMMER 2021 GIVEAWAY

OFFICIAL RULES (U.S. ONLY)

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING.  

Purpose: These rules (the “Rules”) govern the “FLUency Summer 2021 Giveaway – U.S.” (the “Giveaway”). By entering the Giveaway, you agree to be bound by these Rules.

Sponsor: The sponsor of the Giveaway is Kinsa Inc., 535 Mission St, 18th Floor, San Francisco, CA 94105 (“Sponsor”). The Giveaway is not sponsored or administered by any other company. 

Binding Agreement: By participating in this Giveaway, you agree to be bound by these Rules and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding, without right of appeal, in all matters relating to this Giveaway and the awarding of the Prize, including without limitation, eligibility and disqualification of entries.

Eligibility: To be eligible to enter the Giveaway, you must be an Eligible School and be one of the first 6,000 Eligible Schools to enter the Giveaway. If you wish to know whether or not the 6,000 Eligible School limit has been reached, please email schools@kinsahealth.com. An “Eligible School” means any public elementary school located in the United States, where an entry is submitted by an authorized school nurse or principal on behalf of the school. Employees of Sponsor and their immediate family members are excluded from participation in the Giveaway.  The Giveaway is void where prohibited by law.

Giveaway Period: The Giveaway begins on June 30, 2021, 12:00 AM PT, and ends on September 7, 2021, at 11:59 PM PT (the “Giveaway Period”). All dates are subject to change without notice.

How to Enter: Participation in the Giveaway is voluntary and does not require you to purchase anything from Sponsor. All entries must be complete and received during the Giveaway Period. Each Eligible School is limited to one (1) entry. To enter: 

1. Either:
a. Click the link and apply for the free Kinsa FLUency School Program; or
b. Have already applied for the Kinsa FLUency 2021-2022 program.
2. Activate the Kinsa FLUency school portal prior to September 7, 2021 at 11:59 PM PT.

In order to be eligible, entrants must fill in all mandatory information, including authorized school administrator’s name, school name, school email address and school address. Entries must be received prior to the end of the Giveaway Period. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsor.

Selection and Notification of Winners: One entry will be selected under the supervision of Sponsor as a potential winner by random selection from entries that comply with these Rules after the Giveaway Period on or about September 8, 2021, at 1:00 PM PT. The potential winner will be notified by Sponsor via email on or before September 15, 2021. The potential winner is subject to verification of eligibility and compliance with these Rules, and may be required to provide additional information and to sign and return a liability release, publicity release (if permitted under applicable law), and/or tax-related documents. If applicable, the potential winner must respond to the notification and provide all requested information and signed documents within forty-eight (48) hours, or else the potential winner may be disqualified and Sponsor may select another winner.  If the potential winner meets these and the other requirements in these Rules, they will be the winner (“Winner”). There shall be one Winner.  Sponsor shall have no liability for failure to receive notices due to spam, junk e-mail or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Decisions by Sponsor are final and binding

If the selected entrant cannot be contacted or does not respond after a minimum of three attempts within seven calendar days from the first attempt at contact, or if a prize notification notice is returned as undeliverable, or if the entrant declines the prize or fails to return a release of liability or other documents within the time period noted above, that selected entrant will be declared ineligible to win the prize and another entrant will be selected in the manner described above. Entrants are responsibly for notifying Sponsor of any changes to their contact information by emailing Sponsor at: schools@kinsahealth.com.

The Winner is responsible for ensuring they read and understand these Rules. Sponsor is not responsible for any failure to read and understand these Rules.

Winner Announcement: The name of the Winner will be available upon request via email at schools@kinsahealth.com for thirty (30) days after the end of the Giveaway Period. In the body of the email type “Please e-mail me the winner list for the FLUency Summer 2021 Giveaway – U.S.” 

Prize: The Winner will be shipped a prize that includes: 1,000 Lysol flatpacks of disinfectant wipes, with an approximate retail value of $4,470.00 (“Prize”). The Prize will be shipped to the Winner’s primary school address only. No transfer, substitution, or cash equivalent for prize is allowed; provided that Sponsor reserves the right to substitute a prize of equal or greater value. 

Odds of Winning: Odds of winning the Giveaway will depend on the number of entries received during the Giveaway Period.

Taxes: The Winner is solely responsible for all federal, state, and local taxes associated with the receipt and use of the prize. Winner may be required to provide a completed IRS Form W-9 to Sponsor.

General Conditions: This Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Sponsor reserves the right to disqualify any entry from the Giveaway if, in Sponsor’s sole discretion, it reasonably believes that the entry resulted from an attempt to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices or annoys, abuses, threatens, or harasses any other entrants or Sponsor. Entries using automated means are prohibited.  Failure to comply with these Rules may result in disqualification from the Giveaway at any time. Sponsor is not responsible for any entries that are lost, late, damaged, destroyed, corrupted or misdirected, incomplete, garbled, or delayed by or on any computer, online telephone or technical malfunctions that may occur in the processing transmission or receipt of entries.

Privacy: By providing your personal information to Sponsor and entering the Giveaway, you consent to Sponsor’s collection, use, disclosure, processing, and storage of your personal information for the purposes of conducting and administering the Giveaway. You also agree that any personal information submitted with an entry through the methods described in “How to Enter,” above will also be used in connection with Sponsor’s promotional, marketing, and advertising activities for this Giveaway. For more information about how your entry and personal data may be used, please review Sponsor’s privacy policy at https://www.kinsahealth.co/privacy-policy/.

Warranty and Indemnity: By entering, and to the maximum extent permitted by law, you agree to release, defend, indemnify, and hold harmless Sponsor, and their employees, officers, directors, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, injury (including death), costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) any misrepresentation you make in connection with the Giveaway; (ii) any non-compliance by you with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to entrant’s entry or involvement with the Giveaway; (iv) acceptance, possession, misuse or use of any prize or participation in any Giveaway-related activity or participation in the Giveaway; (v) any malfunction or other problem with Instagram or Sponsor’s e-mail or computer systems in relation to the entry and participation in the Giveaway by you; (vi) any error in the collection, processing, or retention of entry in relation to the entry and participation in the Giveaway by you; or (vii) any typographical or other error in the printing, offering, or announcement of any prize or winners in relation to the entry and participation in the Giveaway by you.  The provisions of this section shall survive the termination of this Giveaway.

Amendment, Termination, Suspension or Cancellation: Sponsor reserves the right, in its sole discretion and without prior notice, to amend these Rules, suspend or cancel any Giveaway or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Giveaway by computer virus, technical problem, or other unforeseeable event. In the event of termination, Sponsor may elect to choose, in its sole discretion, a winner from among all eligible entries received as of date of termination.

Forum and Recourse to Judicial Procedures: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. Any action relating to or arising from these Rules or the Giveaway shall be commenced in the federal or state courts in San Francisco County, California, and Sponsor and you agree to waive any argument that venue there is not convenient or appropriate. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Giveaway are hereby excluded, and entrants expressly waive any and all such rights. All claims arising from or related to these Rules and the Giveaway shall be resolved individually, without resort to any form of class action and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and, except as expressly provided in these Rules, in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and entrant waives all rights to claim, any punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and Entrant waives all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSORS AND ENTRANTS.  ENTRANTS UNDERSTAND THAT EACH ENTRANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, ENTRANT ACKNOWLEDGES THAT ENTRANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDE SIMILAR AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

FLUENCY SUMMER 2021 GIVEAWAY

OFFICIAL RULES (CANADA ONLY) 

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. THIS GIVEAWAY IS VALID IN CANADA ONLY, EXCLUDING QUEBEC (AND IS OPEN ONLY TO ELIGIBLE SCHOOLS AS SPECIFIED BELOW).

Purpose: These rules (the “Rules”) govern the “FLUency Summer 2021 Giveaway - Canada” (the “Giveaway”). By entering the Giveaway, you agree to be bound by these Rules.

Sponsor: The sponsor of the Giveaway is Kinsa Inc., 535 Mission St, 18th Floor, San Francisco, CA 94105 (“Sponsor”).

This Giveaway is in no way sponsored or administered by, or associated with Reckitt Benckiser (Canada) Inc. (“Reckitt”).  Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not Reckitt. 

Binding Agreement: By participating in this Giveaway, you agree to be bound by these Rules and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding, without right of appeal, in all matters relating to this Giveaway and the awarding of the Prize, including without limitation, eligibility and disqualification of entries.

Eligibility: To be eligible to enter the Giveaway, you must be an Eligible School and be one of the first 500 Eligible Schools to enter the Giveaway.  If you wish to know whether or not the 500 Eligible School limit has been reached, please email schools@kinsahealth.com. An “Eligible School” means any public or private elementary school either; (a) located in the Greater Vancouver or Greater Toronto areas in Canada, or (b) that participated in the 2020-2021 Kinsa FLUency program located in Canada, specifically excluding all schools in the Province of Quebec, where an entry is submitted by an authorized administrator on behalf of the school. Employees of Sponsor and their immediate family members are excluded from participation in the Giveaway.  The Giveaway is void where prohibited by law. 

Giveaway Period: The Giveaway begins on June 30, 2021, 12:00 AM PT, and ends on September 7, 2021, at 11:59 PM PT (the “Giveaway Period”). All dates are subject to change without notice.

How to Enter: Participation in the Giveaway is voluntary and does not require you to purchase anything from Sponsor. All entries must be complete and received during the Giveaway Period. Each Eligible School is limited to one (1) entry. To enter: 

1. Either
a. Click the link and apply for the free Kinsa FLUency School Program; or
b. Have already applied for the Kinsa FLUency 2021-2022 program.
2. Activate the Kinsa FLUency school portal prior to September 7, 2021 at 11:59 PM PT. 

In order to be eligible, entrants must fill in all mandatory information, including authorized school administrator’s name, school name, school email address and school address ("Entry"). Entries must be received prior to the end of the Giveaway Period. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsor.

Selection and Notification of Winners: One entry will be selected under the supervision of Sponsor as a potential winner by random selection from entries that comply with these Rules after the Giveaway Period on or about September 8, 2021 at 1:00 PM PT. The potential winner will be notified by Sponsor via email on or before September 15, 2021. The potential winner is subject to validation by correctly answering a time-limited mathematical skill-testing question and to verification of eligibility and compliance with these Rules, and may be required to provide additional information and to sign and return a liability release, publicity release (if permitted under applicable law), and/or tax-related documents. If applicable, the potential winner must respond to the notification and provide all requested information and signed documents within forty-eight (48) hours, or else the potential winner may be disqualified and Sponsor may select another winner.  If the potential winner meets these and the other requirements in these Rules, they will be the winner (“Winner”). There shall be one Winner.  Sponsor shall have no liability for failure to receive notices due to spam, junk e-mail or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Decisions by Sponsor are final and binding.

If the selected entrant cannot be contacted or does not respond after a minimum of three attempts within seven calendar days from the first attempt at contact, or if a prize notification notice is returned as undeliverable, or if the entrant declines the prize or fails to return a release of liability or other documents within the time period noted above, that selected entrant will be declared ineligible to win the prize and another entrant will be selected in the manner described above. Entrants are responsibly for notifying Sponsor of any changes to their contact information by emailing Sponsor at: schools@kinsahealth.com. 

The Winner is responsible for ensuring they read and understand these Rules. Sponsor is not responsible for any failure to read and understand these Rules.

Winner Announcement: The name of the Winner will be available upon request via email at schools@kinsahealth.com for thirty (30) days after the end of the Giveaway Period. In the body of the email type “Please e-mail me the winner list for the FLUency Summer 2021 Giveaway - Canada.” 

Prize: The Winner will be shipped a prize that includes: 1,000 Lysol® flatpacks of disinfectant wipes, with an approximate retail value of US$4,470.00 (“Prize”). The Prize will be shipped to the Winner’s primary school address only. No transfer, substitution, or cash equivalent for prize is allowed; provided that Sponsor reserves the right to substitute a prize of equal or greater value. 
Odds of Winning:
Odds of winning the Giveaway will depend on the number of entries received during the Giveaway Period. 

Taxes: The Winner is solely responsible for all federal, provincial/territorial, and local taxes associated with the receipt and use of the prize. Winner may be required to provide completed applicable tax forms to Sponsor.

General Conditions: This Giveaway is subject to all applicable federal, provincial, territorial and municipal laws and regulations and is void where prohibited by law. Sponsor reserves the right to disqualify any entry from the Giveaway if, in Sponsor’s sole discretion, it reasonably believes that the entry resulted from an attempt to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices or annoys, abuses, threatens, or harasses any other entrants or Sponsor. Entries using automated means are prohibited.   Failure to comply with these Rules may result in disqualification from the Giveaway at any time. Sponsor is not responsible for any entries that are lost, late, damaged, destroyed, corrupted or misdirected, incomplete, garbled, or delayed by or on any computer, online telephone or technical malfunctions that may occur in the processing transmission or receipt of entries.

Privacy: By providing your personal information to Sponsor and entering the Giveaway, you consent to Sponsor’s collection, use, disclosure, processing, and storage of your personal information for the purposes of conducting and administering the Giveaway. You also agree that any personal information submitted with an entry through the methods described in “How to Enter,” above will also be used in connection with Sponsor’s promotional, marketing, and advertising activities for this Giveaway. For more information about how your entry and personal data may be used, please review Sponsor’s privacy policy at https://www.kinsahealth.co/privacy-policy/.

Warranty and Indemnity: By entering, and to the maximum extent permitted by law, you agree to release, defend, indemnify, and hold harmless Sponsor, Reckitt, and their respective employees, officers, directors, agents and designees (“Releasees”) from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, injury (including death), costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) any misrepresentation you make in connection with the Giveaway; (ii) any non-compliance by you with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to entrant’s entry or involvement with the Giveaway; (iv) acceptance, possession, misuse or use of any prize or participation in any Giveaway-related activity or participation in the Giveaway; (v) any malfunction or other problem with Instagram or Sponsor’s e-mail or computer systems in relation to the entry and participation in the Giveaway by you; (vi) any error in the collection, processing, or retention of entry in relation to the entry and participation in the Giveaway by you; or (vii) any typographical or other error in the printing, offering, or announcement of any prize or winners in relation to the entry and participation in the Giveaway by you.  The provisions of this section shall survive the termination of this Giveaway. 

Amendment, Termination, Suspension or Cancellation: Sponsor reserves the right, in its sole discretion and without prior notice, to amend these Rules, suspend or cancel any Giveaway or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Giveaway by computer virus, technical problem, or other unforeseeable event. In the event of termination, Sponsor may elect to choose, in its sole discretion, a winner from among all eligible entries received as of date of termination.

Forum and Recourse to Judicial Procedures: These Rules shall be governed by, subject to, and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding all conflict of law rules. Any action relating to or arising from these Rules or the Giveaway shall be commenced in the courts of such province sitting in Toronto, Ontario and Sponsor and you agree to waive any argument that venue there is not convenient or appropriate. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Giveaway are hereby excluded, and entrants expressly waive any and all such rights. All claims arising from or related to these Rules and the Giveaway shall be resolved individually, without resort to any form of class action and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and, except as expressly provided in these Rules, in no event include legal fees, and under no circumstances will any entrant be permitted to obtain awards for, and entrant waives all rights to claim, any punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and Entrant waives all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.  ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSORS AND ENTRANTS.  ENTRANTS UNDERSTAND THAT EACH ENTRANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.