Introduction

These Terms and Conditions are entered into by and between you (“you,” “your,” or “User”) and Personas Social Inc. (“Personas,” “Personas Giveaways,” “we,” “us). The following Terms and Conditions, together with any documents (such as our Privacy Policy, incorporated herein by reference) (collectively, “Terms and Conditions” or “Terms”), govern your access to and use of http://investors.k.to and its sub-domains, including any content, functionality, and services offered on or through https://www.keek.com, our mobile optimized websites, mobile applications, our Instagram account @keek_social or blogs (together the “Website” or “Site”).

By entering a game promotion (“Giveaway”) run by Personas, you agree to be bound by these Terms & Conditions (“Terms”) and Rules and Regulations of a particular Giveaway, and acknowledge you satisfy all eligibility requirements, and understand that none of the Giveaways run by Personas are in no way sponsored, endorsed, administered or associated with Instagram.

Disclaimer

This contest is in no way shape or form associated with, endorsed by or otherwise approved by Klhoe Kardashian. Likewise this contest is not endorsed by or otherwise approved by Instagram, Facebook, Meta or any of their partners or subsidiaries.

Eligibility

Is NOT open to individuals residing in; the province of Quebec Canada, Norther Ireland, Spain, Italy, Germany, The Netherlands, China, Russia, Portugal, North Korea, Austria, Hong Kong, Greece, the Czech Republic or Taiwan. This competition is open to all other legal residents of the countries wherein they are residing and who have an Instagram account and are the older of 18 years of age or the legal age of majority in the country of residence prior to the date of entry. Employees of Personas, Sponsors, or their affiliates, subsidiaries, and agencies and their immediate family members or persons living in the same household (“Promotion Parties”) are not eligible to participate. Void where prohibited.

Sponsors

The Sponsor is the individual, entity, or entities participating in the Giveaway for promotional purposes, and as such maintains an Instagram Account on the Instagram internet application. Sponsors may be part of one or multiple Giveaways. The Sponsors for a particular Giveaway are the owners of Instagram Accounts followed by the @Keek_social Instagram account at the start of the Campaign Period associated with a particular Giveaway.

Participants

By participating in any Personas Giveaway, you acknowledge your desire to freely participate in said Giveaway which requires you to follow the Rules and Regulations of each Giveaway. Participants further acknowledge all interactions with the Personas Giveaways Instagram account, and the accounts of Personas Sponsors, including following said Sponsor’s Instagram pages, is done freely and voluntarily without any incentive other than the Giveaway being promoted. Participants further acknowledge, Personas has no authority nor control over any of its Sponsors Instagram pages and Personas is not responsible for any of the content therein. Participants visit and follow said Sponsors Instagram account pages voluntarily and of their own free will.

Rules

By participating in a Giveaway, you agree to register for Keek and follow Klhoe Kardashians profile on Keek. By entering any Giveaway, you indicate your full and unconditional agreement to, and acceptance of, (a) these Terms; (b) Rules and Regulations of a particular Giveaway and (c) Personas’ decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Prize(s) and Winner Selection Method

Personas will award a prize to one or more individuals who enter any Giveaway appropriately from among all eligible participants, and in accordance with these Terms and Conditions, as well as the Rules and Regulations of a particular Giveaway using a random selection method performed by a third party. The Personas Instagram page (and the Rules and Regulations for a particular Giveaway) will specify the prize(s), and where applicable the approximate retail value, how to enter, and when each Giveaway begins and ends (“Campaign Period”) (which may be sooner than the end dates and times provided depending on the available supply of prizes). Potential winner(s) will be selected at random from among all eligible entries received, as described above. Odds of winning depend on the number of eligible entries received. If you are a winner, a direct message via the Instagram messaging application will be sent to you. The winner/s selected will also be posted on Personas’ Instagram account page. No guarantees of any kind are made with regards to selection of the winner, distribution of the prize/s and odds of winning.

Delivery of Prize/s will be arranged directly with the winner(s). Each winner will be responsible for paying any Federal and/or State income taxes and any other expenses incurred. Each prize will be awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. If you win a prize, you may not transfer, assign, or redeem the prize for cash from Personas. Personas reserves the right to substitute a prize with a prize of equal or greater value.

The Prize Winner will be required to execute an affidavit of eligibility, and release of liability and publicity (where permitted by law), and return same, fully executed, within five (5) business days of date of issuance of prize notification. If Personas is unable to contact the potential Prize Winner within five (5) business days of the initial attempt, if the potential Prize Winner fails to return all requested forms fully-executed by the specified date, if the potential Prize Winner fails to comply with these Terms or the Rules and Regulations for a particular Giveaway, including traveling on the dates and times required by Personas, his/her place as a possible Prize Winner will be forfeited at Personas’ discretion, and an alternate Prize Winner shall be selected. Personas reserves the right to select the winner in a random drawing format that shall be determined by Personas. Said winner shall be posted on Personas’ Instagram account page as described above.

How to Enter a Giveaway

You may enter a Giveaway via the entry method described below.

  1. Participant must register for Keek by downloading the app and registering an account.
  2. Participant must either follow Khloé Kardashian’s profile on Keek or post a video on Keek.
  3. Entries submitted before or after the Campaign Period will not be eligible. Personas’ computer is the official timekeeping device for the Giveaway.

No purchase is necessary to participate or win.

Disclosure in Connection with Publicizing Entry

If you choose to promote your participation in any of Personas’ Giveaways via social media or other channels, you should disclose your connection to the Giveaway. For example, it may be sufficient to include a statement such as #PersonasGiveaways.

Other Sweepstakes

By entering a particular Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.

Additional Terms

Personas reserves the right to modify or cancel a Giveaway at any time. Personas and its affiliates are not responsible for: (a) lost, misdirected, late, or incomplete entries or for inaccurate entry information; (b) any operation or transmission error, theft, unauthorized access to, or alteration of, entries; or (c) damage to any computer or device resulting from downloading Giveaway materials. Personas may disqualify any individual found to be: tampering with a Giveaway; violating these Terms & Conditions or Rules and Regulations of a particular Giveaway; or acting in an unsportsmanlike or disruptive manner or with intent to threaten or harass any person. Incomplete and robotic, automatic, programmed or similar entries will be disqualified. The authorized subscriber of the account used to enter a Giveaway at the actual time of entry will be deemed to be the participant and must comply with these Terms & Conditions in the event of a dispute as to entries submitted by multiple users having the same account.

No greater than the number of prizes stated on the @Keek_social Instagram page and in the Rules and Regulations for a particular Giveaway will be awarded. If any errors occur in the selection of a potential winner, Personas will select a winner of the prize(s) by random drawing from among all eligible claimants. All prizes made available for a Giveaway may not be awarded in the event Personas does not receive a sufficient number of qualified and eligible entries for an applicable Giveaway.

Intellectual Property of Personas

Nothing within these Terms shall be construed as conferring any license under any of the Personas’ or under any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website (and on @Keek_social Instagram account) is protected by copyright, trademark, patent, or other proprietary rights of the Personas and its affiliates, licensors and service providers (“Personas Content”). Except as expressly permitted to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Personas in connection with the products (if any) and services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by the Personas, any of the Personas’ affiliates, or any of the Personas’ service providers. You agree not to use any of the trademarks or service marks or other Personas Content accessible through Personas for any purpose other than the purpose for which such Personas Content is made available by the Personas. You agree not to defame or disparage the Personas, the trademarks or service marks of Personas, or any aspect of the products (if any) and services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products and services or any software or programs used in connection with the products and services or the Personas. All marks that appear throughout the products and services belong to Personas or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the products and services without the express written consent of Personas or the owner of the mark, as appropriate, is strictly prohibited. Personas may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Website in order to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology. The Personas has no control over such third-party sites and resources. You acknowledge and agree that the Personas is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Personas Content, advertising, products, or other materials on or available from such third-party sites or resources. You further acknowledge and agree that the Personas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Personas Content, goods or services available on or through any such site or resource.

In order to maintain the privacy and security of your user profile, you hereby grant Personas a limited, non-exclusive, worldwide, royalty-free license to any and all copyrightable content posted by you on or through Personas. You also grant and assign Personas or its affiliates the right and authority to enforce your Digital Millennium Copyright Act (“DMCA”) and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute or represent in any way a partnership, joint venture or any other fiduciary relationship between you and Personas. Further, Personas does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers. Personas reserves the right through this limited license to enforce your rights at your request; however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.

Geographic Restrictions

Personas is based in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. If you access the Website from outside of Canada, you do so on your own initiative and are responsible for compliance with local laws.

Release & Indemnification

In exchange for the right to participate in the Giveaway, the winner(s) agree to release and hold harmless Personas, its Administrator, respective contractors, subcontractors, parents, subsidiaries, affiliates, officers, directors, shareholders, partners, employees, agents, representatives, and respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such Personas’ 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 Giveaways 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaways materials and the terms and conditions of the Official Rules, as described herein shall prevail, govern and control.

You agree that Personas’s decisions related to each Sweepstakes and all distribution of prizes are final. Each winner agrees that, by participating in a Giveaway, Personas, and its respective affiliates may use the winner’s name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winner’s list, except where prohibited by law, and Personas, and its respective affiliates may be required to disclose the winner’s address to state regulatory authorities.

Release Parties will also not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in any particular Giveaway; by any human error which may occur in the processing of the entries in this sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the Giveaway, or announcement of the prizes. If, in the Personas’ opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the sweepstakes, Personas may, in its sole discretion, cancel or modify a particular Giveaway in a manner deemed appropriate by Personas. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the winner’s Instagram account.

Your Privacy Rights

When you use the Website, we collect and process certain personally identifiable and other data about you. Our use of this information is governed by our Personas Giveaways Privacy Policy, which is incorporated by reference herein. You are encouraged to read this policy as it contains important information on how we collect and use this information and your rights regarding the same. Additionally, the Website utilizes cookies and certain technology that tracks usage, performance and your geographic location which are more fully described in our Privacy Policy.

Disputes and Governing Law

THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO CANADA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway and/or accepting an awarded prize, each participant agrees, any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action. Choice of venue shall be exclusively Toronto Ontario Canada, Further, in any such dispute, under no circumstances will participant 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 Giveaway), and entrant further waives all rights to have damages multiplied or increased.

Changes to These Terms of Use

Personas reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. Your continued use of the Website shall constitute your acceptance of such new Terms of Use. These Terms of Use were last modified in September 2023.

Contact

Questions or comments regarding the Website should be sent by email using the Feedback form at this website, or via email to info@Keek.com.

Winners List

To request a copy of list of winners, available after the date specified in the Rules and Regulations for each Giveaway, contact us via email at Inc. 155 University Ave Suite 302, Toronto Ontario, Canada M5H 3M7. www.keek.com