TERMS & CONDITIONS

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ONE ENTRY PER PERSON.

By participating in the Support Every Kind of Strength, #AccelerateAction Giveaway (the “Giveaway”), you fully accept these general terms and conditions (“Terms & Conditions” or “Terms” indistinctly) and acknowledge that you fulfill all eligibility requirements.

1.ABOUT THE GIVEAWAY:

Truekind presents the #EmbraceYourStrength,#AccelerateAction Giveaway in honor of Women’s History Month—celebrating the strength, resilience, and impact of women shaping a better future. We believe in empowering today’s changemakers to keep building a kinder, more inclusive world. That’s why we’re giving one (1) randomly selected winner a $5,000 USD cash prize to fuel their goals—whether it’s launching a business, supporting a cause, or driving progress toward equality.

2. ELIGIBILITY:

The Giveaway is open to legal residents of the United States (excluding Rhode Island), and the District of Columbia, who are at least 18 years of age, or at least 19 if a resident of Nebraska or Alabama, or at least 21 if a resident of Mississippi or the District of Columbia. The Giveaway is void where prohibited by law. Employees, contractors, and immediate family members of the Giveaway Sponsor are not eligible to participate.

3. SPONSOR:

The Giveaway is sponsored by Favorite World LLC, 10785 W. Twain Ave. Ste. 229, Las Vegas, NV (the “Sponsor”).

4. ENTRY PERIOD:

The Giveaway begins on March 17 at 12:00 PM EST and ends on March 27th at 11:59 PM EST (the “Entry Period”). All online entries must be received by the end of the Entry Period to be eligible.

5. HOW TO ENTER:

To enter the Giveaway, participants must:

1. Follow @Truekind Instagram Account.
2. Like the designated Giveaway post.
3. Tag at least three (3) friends in the Giveaway post comments.

Each participant is allowed one (1) entry. Entries made through multiple accounts or automated systems will be disqualified.

6. THE PRIZE:

One (1) winner will be randomly selected, and will receive $5,000 USD cash, provided by bank transfer (the “Prize”). The winner shall be responsible for the accuracy of the bank account information she shall provide to the Sponsor. The funds are intended to be used to support personal or professional goals aligned with women’s empowerment and equality. The prize is non-transferable and cannot be exchanged for other products or services. The winner is responsible for all applicable federal, state, and local taxes associated with receiving the prize.

7. WINNER SELECTION & NOTIFICATION:

The winner will be selected in a random drawing from all eligible entries received during the Entry Period. The drawing will take place on March 28th and this very same day the winner will be announced via an official post and an Instagram story on @Truekind Instagram account. The winner will be contacted via direct message (DM) from Truekind's Instagram account (ONLY) within three (3) business days after the announcement has been made.

If the winner does not respond within ten (10) days of notification, the prize will be considered expired, and Sponsor reserves the right to determine another winner in replacement via a random drawing. The winner must provide necessary identification and complete any required tax documentation before the prize is awarded.

Any participation or action by any Participant or selected winner/s that does not comply with these Terms and Conditions will be disqualified. Decisions of the Sponsor are final and binding with respect to all matters related to the Giveaway.

8. LIMITATION OF LIABILITY:

By participating in this Giveaway, Participants agree that the Sponsor and each of its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, participating locations and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for:

• any incorrect or inaccurate information, whether caused by Entrants, non-authorized human intervention, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes;
• technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, telephone network, network hardware or software, cable, satellite, cellular tower, VSAT connection or internet service provider;
• typographical, printing, network, mechanical, electronic, technical, battery, human or other errors or malfunctions of any kind relating to or in connection with this Giveaway including, without limitation, errors or problems which may occur in the administration of this Giveaway, the processing of entries, the announcement of the prizes or other errors in these Terms or in any other Giveaway-related materials;
• any liability, loss, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in this Giveaway or receipt, use or misuse of any prize; or
• lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen, or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled communications or transmissions.

By entering the Giveaway, each Participant agrees: (i) to be bound by these Terms; (ii) to waive any rights to claim ambiguity with respect to these Terms; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Giveaway, including, but not limited to, any Giveaway-related activity or element thereof, and the Participant’s entries, participation or inability to participate in the Giveaway; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Participant.

None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to Participant resulting from Participant’s attempt to participate in the Giveaway.

If, for any reason, the Giveaway is not capable of running as planned, or the integrity and or feasibility of the Giveaway is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor, Sponsor reserves the right, at its sole and absolute discretion, to restart, abbreviate, cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway, including the determination of winner and Prize/s in a manner it deems fair and reasonable.

Without limiting the foregoing, everything regarding this Giveaway, including the Prize/s, is 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.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, RELEASED PARTIES SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE GIVEAWAY, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

PARTICIPANT AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES. ENTRANT AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT SPONSOR’S TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THE GIVEAWAY, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE HIGHEST PRIZE AMOUNT ASSOCIATED WITH THE GIVEAWAY.

You are fully aware of the risks involved when participating in the Giveaway, and you voluntarily elect to participate with full knowledge of potential risks and hazards. You voluntarily assume full responsibility for any risk of loss, property damage, illness, or personal injury that you may sustain as a result of participating in the Giveaway, and you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from or in relation to any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, illness, or injury sustained by me while participating in the Giveaway.

9. GENERAL CONDITIONS:

Sponsor reserves the right to modify, suspend, or cancel the Giveaway at any time due to unforeseen circumstances. Sponsor also reserves the right to disqualify any individual found to be tampering with the entry process or violating these Terms & Conditions. The decisions made by Sponsor regarding, but not limited to, eligibility, winner, selection, prizes and compliance with this Giveaway are final and binding. Sponsor reserves the right to make reasonable changes to these terms (excluding the Arbitration and Class Action Waiver section below (a) to ensure the fairness of competition, and (b) in response to unanticipated developments such as technical failures, errors, acts of God, natural disasters, terrorism, and changes in applicable law.

10. PUBLICITY RELEASE:

By entering, the winner agrees to allow Sponsor to use their name, likeness, and statements about the Giveaway for promotional purposes without additional compensation or permission, except where prohibited by law. By participating in the Giveaway, each winner agrees to refrain from any behavior or communication that would harm the image or reputation of Sponsor or the Truekind community. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.

11. DISPUTE RESOLUTION. ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Governing Law: These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.

Survival: Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. This Dispute Resolution section, specifically, will survive the termination of your relationship with us.

Notice: Violations: We may give notice to you by email, a posting on our website, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Application of Dispute Resolution Process: All claims and disputes in connection with the Terms or the Giveaway that cannot be resolved informally will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Giveaway.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules: Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration: If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits: If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial: The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions: Any and all claims and disputes within the scope of this Dispute Resolution section and/or resulting from and/or relating to the Giveaway must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality: All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability: If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no trforce and effect and will be severed and the remainder of these Terms will continue in full force and effect.

Right to Waive: Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration: For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.

12. USE OF DATA:

By entering, you agree to the collection and use of your personal data by Sponsors in accordance with their Privacy Policy, available at https://truekind.com/pages/privacy-policy.

13. NO THIRD PARTY SPONSOR:

This Giveaway is in no way sponsored, endorsed, or administered by, or in association with any person or other entity, including any third party, other than Sponsor. This Giveaway is in no way sponsored, endorsed, or administered in any way by Google, Inc., Instagram, Meta, or any other social media platform.

14. CONTACT INFO:

For any questions regarding the Giveaway, please contact [email protected]