NO PURCHASE OR OBLIGATION IS NECESSARY TO ENTER OR WIN (SEE SECTION III FOR INSTRUCTIONS FOR ALTERNATE METHOD OF ENTRY). A PURCHASE OR OBLIGATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
A LIST OF PRIZES AND THE SPECIFIC TERMS FOR EACH EMPLOYER’S PROMOTION ARE SET FORTH IN THE “PROMOTION SPECIFIC DETAIL RULES” PUBLISHED FOR A PROMOTION WHICH ARE INCORPORATED HEREIN BY REFERENCE.
A LIST OF PRIZES AND THE SPECIFIC TERMS FOR EACH EMPLOYER’S PROMOTION ARE SET FORTH IN THE “PROMOTION SPECIFIC DETAIL RULES” PUBLISHED FOR A PROMOTION WHICH ARE INCORPORATED HEREIN BY REFERENCE.
PLEASE READ THESE OFFICIAL RULES CAREFULLY BECAUSE THEY GOVERN YOUR PARTICIPATION IN THE PROMOTION. THE DECISIONS OF THE EMPLOYER AND THE SPONSORS ARE BINDING AND FINAL ON MATTERS RELATING TO THE PROMOTION. BY ENTERING THE PROMOTION, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
NEITHER APPLE, INC. NOR GOOGLE PLAY OFFER OR SPONSOR ANY SWEEPSTAKES THAT APPEAR IN THE ENGAGE PLATFORM NEITHER COMPANY, NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES OR EMPLOYEES WILL BE LIABLE FOR CLAIMS ARISING OUT OF THESE SWEEPSTAKES.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- PROMOTION DESCRIPTION AND ELIGIBILITY: Sponsors’ (as defined in Section XVI) promotions (the “Promotion(s)” or “Campaign(s)”) are offered by the Sponsors only to participating employers (“Employer(s)” or “Employer Entities”) and on behalf of those Employers to Employers’employees (collectively, “Employee(s)”) and such Employees’ eligible adult dependents (collectively, “Adult Dependents”) who are at least the age of majority in their U.S. state of residence, which is eighteen (18) in most U.S. states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi, as of the date of entry. Some Promotions may include Employer Entities in the U.S. Territory of Guam, the Commonwealths of Puerto Rico and U.S. Virgin Islands, as well as the country of Canada (excluding Province of Quebec). All participating Employees and Adult Dependents must be legal residents of the United States, Canada (excluding Province of Quebec), U.S. Territories or the Commonwealths. Unless stated elsewhere, all eligible Employees and Adult Dependants are required to have an active e-mail account and Internet access at the beginning of their entry and remain employed with Employer through the awarding of the prize in order to be eligible to win a prize in a Promotion.
Officers, directors and employees of the Sponsors and their parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsors through outsourcer during the Promotion Entry Period (defined below in Section II), and their respective immediate family members and persons living in their same household, are not eligible to participate in the Promotion. For purposes of this Promotion, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Participation in a Promotion constitutes Entrant’s (as defined in Section III) full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). Promotions may be periodic (“Periodic Promotion(s)”) with start and end dates set by Sponsors and the Employer. OTHER ELIGIBILITY REQUIREMENTS FOR PERIODIC PROMOTIONS MAY APPLY. - ENTRY PERIOD: Promotions begin 12:00 a.m. Pacific Standard Time (“PST”) and end 11:59 p.m. PST (“Entry Period”) on the dates that appear in the Sponsors or Employer’s e-mail, postcard, internal newsletters or any other forms of communication or notice to invite the employee to participate in a Campaign’s activities (collectively the “Invitation”). Refer to specific start and end dates as set by the Sponsors.
- HOW TO PARTICIPATE: Employer’s Employees and Adult Dependents (“Users”) will be deemed a participant (“Participant”, “Entrant” or “you”) in the Promotion if eligible and participates, according to the Campaign’s specific entry activities communicated in the Invitation.
Step 1. Create an Account (“Account”) and a User Password (“User Password”).
Step 2. Search or view your personalized healthcare pages to receive the number of entries as described in the Invitation or in the Promotion Specific Detail Rules (“the Promotion Specific Detail Rules”).
Step 3. Select a Challenge (“Challenge(s)”) or Activity (“Activity(ies”) to participate, to earn Qualifying Points (“Qualifying Point(s)”). Those Users who have set up an Account prior to the Entry Period’s start date should follow the directions as described in the Invitation in order to receive the number of entries allowed for completing the required Challenges or Activities. When you choose to participate in a Challenge or Activity, you may be automatically enrolled in the applicable Promotion.
Step 4. Visit the “Rewards Center” accessible through the app (the “App”) (for iPhone, link for Android). Follow the instructions for redeeming the remaining Qualifying Points earned in your Account. In the App, you will be advised as to how many Qualifying Points is equal to one (1) entry and how those Points can be applied to any Periodic Promotion that you choose in the Rewards Center. The number of Qualifying Points may vary depending on the prize and the number of Qualifying Points required to enter into a Periodic Promotion and will be set forth on the Promotion Specific Detail Rules (located within the Rewards Center. You can also see the start and end date of each Promotion on the Promotion Specific Detail Rules.
Alternate Method of Participation. An eligible Participant may enter the random drawing as set forth in the Invitation or App without the Challenge or Activity obligation and/or earning Qualifying Points. To be included in a Campaign’s random drawing, legibly hand print on a 4” x 6” card (“Card”) your full name, complete mailing address, phone number (including area code), e-mail address, the name of the Campaign, the name of your Employer and your employee ID number. If you are an Adult Dependent entering via mail, include on the Card all the above information, with the name of the Employee and the Employee’s ID number. Mail each Card separately in a hand printed first class stamped business #10 envelope to: Compliance Sweepstakes Services and include the Employer’s Name and Title of the Sweepstakes, P.O. Box 468, Stonington, CT 06378. Return address on envelope must also be hand-written with Participant’s full name and address. Bulk shipments of entries is not allowed. Mail-in entries must be postmarked on or before the Promotion’s Entry Period end date and received by five (5) business days after the Promotion’s Entry Period end date. Entries that do not meet all requirements will be disqualified.
Limit of entries as defined in the Campaign’s Invitation (regardless of method of entry). Attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at the Sponsors’ sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The Promotion website’s database clock will be the official timekeeper for entries into the Promotion. For purposes of this Promotion, an entry is “received” when the relevant Promotion website’s server records the registration and when a Participant fulfills the required Activities in their Account. All materials submitted become the physical property of the Sponsors and will not be returned. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsors may be disqualified. The Sponsors may run multiple campaigns, contests, sweepstakes or other Promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. - NUMBER OF WINNERS AND PRIZES PER PERIODIC PROMOTION: Unless otherwise stated in the Promotions Specific Detail Rules located within the Rewards Center, Entrants may only win once per Periodic Promotion and random drawing periods. Once an Entrant wins a Prize, all follow-on (carry-forward) entries in that same Periodic Promotion are void and may not be transferred to another person or drawing period. For clarification, you may only be declared a winner one (1) time per defined Periodic Promotion.
- SELECTION OF PRIZE WINNERS: All entries meeting the requirements of these Official Rules will be entered into the applicable random prize drawing. The random prize drawing for each Periodic Promotion will take place on or about five (5) days following the end of the applicable Periodic Promotion. The random prize drawing will be conducted by a third-party administrator (the “Administrator”), which is an independent judging organization that randomly chooses the winner from all eligible entries received. All selections are final and binding in all matters relating to the applicable Promotion.
- ODDS OF WINNING: The odds of winning a Prize depend on the total number of eligible entries received during the applicable Entry Period. If you use points to enter a Promotion, to determine your odds of winning, refer to the applicable “Promotion Specific Detail Rules”, which identifies your Employer’s Promotion.
- NOTIFICATION OF WINNERS: Winners (“Winner(s)”) will be notified by e-mail approximately three (3) weeks after the Promotion Entry Period’s end date. For a Promotion that includes residents of Canada (excluding residents of the Province of Quebec), any potential Winner who is a resident of Canada must correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline in order to be declared a Winner. If the Sponsors are unable to contact a potential Winner, or if any potential Winner fails to respond to the Prize notification (in the case of residents of Canada, the skill-testing question), fails to complete an Affidavit of Eligibility and Publicity/Liability Release or a Declaration of Compliance and Release for a Canadian resident (collectively, the “Prize Acceptance Release”) within specified days as communicated at issuance of the notification, or thirty (30) days after, whichever comes first, or fails to comply with any of the requirements, the Prize may be forfeited, and an alternate potential Winner will be randomly selected from remaining valid, eligible entries. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online 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. Winner(s) may be required to show proof of being the registered account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ satisfaction, the affected entry will be deemed ineligible. The Release Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. A winning Employee or Adult Dependent will only receive a Prize if in the case of a winning Employee they are still employed with Employer, and in the case of an Adult Dependant if their related Employee is still employed with Employer, when the Prizes are awarded. The Released Entities (as defined in Section XII) are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email account to receive e-mail messages.
PRIZES(“Prize(s)”): Prize details and values for each Periodic Promotion are reflected in the applicable Promotion Specific Detail Rules.
- Gift Card, Vouchers, Certificates Prizes: Terms and conditions of any vouchers or gift cards apply. Prizes are non-transferable and no cash or other substitution of Prizes is permitted, except at the sole option of the Sponsors for a Prize of equal or greater value if the designated Prize should become unavailable for any reason. Sponsors will not replace any lost or stolen Prizes and are not responsible for any lost, mutilated or stolen tickets, travel vouchers or certificates. Allow 6-8 weeks for delivery of Prizes. In the event a Winner of a gift card Prize resides within Canada, said gift card or vouchers may be provided in Canadian Dollars (if possible), according to the exchange rate from the USD Prize value at the time the Prize is awarded, as determined by the Sponsors.
- Package Prize: At the time a Trip Package Prize (the “Trip Package” or “Prize”) is offered in the Employer’s Promotion, the following Prize acceptance conditions apply: Unless stated elsewhere, Sponsors will be responsible for arranging the Trip Package related reservations, including flight and hotel accommodations reservations, in connection with which the Winner(s) and Travel Companion(s) (“Travel Companion(s)”) may be consulted, however, Sponsors retain the right to exercise discretion (including, without limitation, choice of airline, hotel and travel dates), their decisions will be final. Travel must originate from and end at the same airport. Winner(s) and his/her Travel Companion(s) must redeem the Trip Package Prize together. All travel and accommodations are subject to availability, change and restrictions. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. No changes will be made to travel details once any portion of travel arrangements has been made. Ticket re-issues and/or time extensions are not allowed. Flight details are subject to the airline carrier’s regulations and conditions. The Trip Package may not be combined with any other offer and travel may not qualify for frequent flyer miles. Any Winner, who lives within a 200-mile radius of the Trip Package destination, will not receive the full airline ticket reimbursement portion of the Prize, however, is to receive the Sponsors’ decided travel allowance amount in the form of a check or gift card. Blackout dates, geographical and general travel restrictions apply. All other expenses not specifically mentioned herein, including applicable income taxes, are the sole responsibility of the Winner(s). All expenses and incidental travel costs not specifically stated in the Trip Package description above, including, but not limited to, transportation to gateway; ground transportation; transfers; meals; beverages; mini-bar; insurance; gratuities; and souvenirs are the sole responsibility of the Winner(s) and his or her Travel Companion. Without limiting any other terms of these Official Rules, Winner(s) (and Winner’s Travel Companion, if applicable) must be at least eighteen (18) years of age at the time of travel. Without limiting any other terms of these Official Rules, the Travel Companion must execute a Travel Companion Waiver Release prior to issuance of travel documents. Winner(s) (and his or her Travel Companion(s), if applicable) will be required to provide valid government issued picture ID at time of travel; any identification requirements associated with air travel or acceptance of Prize are the responsibility of the Winner(s) (and his or her Travel Companion(s), if applicable). If Winner(s) (and his or her Travel Companion, if applicable) is not a U.S. resident, such Winner(s) or Travel Companion must have a valid passport and no impediment to entering the U.S. or the Prize will be forfeited. Winner(s) (and his or her Travel Companion, if applicable) are solely responsible for their own conduct while accepting the Prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the Prize. Trip Prize Winner(s) (and his or her Travel Companion, if applicable) are also responsible for obtaining airline travel insurance, and all other forms of insurance at the Winner’s option and hereby acknowledge that Sponsors have not and will not obtain or provide any other types of insurance. Sponsors shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the supplier of accommodations, venue operators, transportation companies, Prize providers or any other persons providing any Prize-related services. The Trip Package Prize must be completed during specified dates, or Prize will be forfeited. Additional Prize award details and travel information is to be provided to the Winner(s) at the time of notification. In the event that Sponsors are no longer able to obtain a Prize item at the time of redemption, Participants agree to allow the Sponsors to provide a reasonable alternative Prize of similar value.
- If the Winner becomes disabled or cannot otherwise fully enjoy the Prize due to illness, Sponsors shall have the option of: (a) being relieved of liability for fulfillment of the Prize award; or (b) at Sponsors’ sole and absolute discretion, extend the period during which the Prize may be awarded for a period equal to the duration of the Winner’s disability or illness, in which case certain Prize components may not be available. The Winner must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to the Sponsors and Winner at Sponsors’ expense. Other restrictions as designated by the Sponsors may apply.
- PRIZE TERMS AND CONDITIONS: Each Prize Winner is required to comply with any and all applicable federal, state and local laws, rules, regulations, and are solely responsible for all federal, state and/or local taxes, or for any other fees or costs associated with the Prize they receive. The stated Approximate Retail Value (“ARV”) of the Prize is based on available information provided to Sponsors and any difference between the stated value and actual value will not be rewarded. The Winner receiving a Prize valued over $600.00 may be required to sign an Affidavit of Eligibility and Liability/Publicity Release or a Declaration of Compliance and Release for a Canadian resident (collectively, the “Prize Acceptance Release”), and return it within five (5) days of written notification and will be required to send a copy of their passport, driver’s license or birth certificate as proof of age and residence and provide Sponsors with a valid social security number before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the Winner for the total of the Prize value, in the calendar year the Prize is won. Sponsors reserve the right to withhold taxes for non-U.S. residents who are Winners. Non-compliance may result in disqualification. If any potential Winner fails or refuses to sign and return such Prize Acceptance Release within the time period required by Sponsors or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner may be disqualified and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or the Promotion Specific Detail Rules, or if the potential Winner cannot attend or participate in any portion of the Prize, or declines a Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. If winning a Promotion would cause you to obtain rewards with a value that exceeds the health and wellness incentive limit set by your Employer based on applicable laws and regulations, you may be disqualified, and an alternate potential Winner may be selected. If, for any reason, more bona fide Winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules or the Promotion Specific Detail Rules, the Winner, or remaining Winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. The Sponsors and Employer have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any Prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Each Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsors or Employer’s sole discretion. Prize details and availability are subject to change. The Sponsors, Employer and their agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any Prize awarded in this Promotion. The Prize Acceptance Release is subject to verification by Sponsors.
Participants shall not receive any overtime pay or other compensation for any work performed in connection with the activities in connection with the Promotion and Participants should not expect to receive any compensation other than their normal pay. Prizes won in a Promotion are not considered a bonus and are not part of any bonus program that the Employer may offer, except as may be determined by applicable law. - PUBLICITY: Subject to applicable law, by participating in a Promotion, Winner(s) irrevocably grant the Released Entities, and each of their licensees, successors, assigns and sub-licensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or internal or external publicity purposes in connection with the Promotion in which Winner has participated, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize(s) to the Winner(s).
- PRIVACY: Personal information collected from a Participant will only be used by the Sponsors strictly in accordance with Sponsors’ Privacy Policy and as specifically set forth in these Official Rules.
- RELEASES AND LIMITATION OF LIABILITY: By entering the Promotion or by accepting any Prize, a Participant agrees to release, indemnify, defend and hold Sponsors, Employer, Administrator and each of their respective parent companies, affiliates, subsidiaries, directors, officers, employees, agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Promotion (collectively, the “Released Entities”), harmless, from any and all claims, that in any way arise from participation in this Promotion or acceptance or use of a Prize or parts thereof, including, without limitation: (i) any condition caused by events beyond Sponsors’ or Employer’s control that may cause the Promotion to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Prize, or acceptance, possession, use or misuse of the Prize, or from participation in the Promotion (including travel to/from any Promotion activity); (iii) the Released Entities’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any printing, human or typographical errors in the printing, offering, selection, operation, announcement or any materials associated with the Promotion. Winners agree to be bound by these Official Rules, and Sponsors’ decisions in all respects relative to the Promotion are final.
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, THE MEANING OR INTERPRETATION OF THE OFFICIAL RULES OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY BY APPLYING THE LAWS OF THE UNITED STATES AND CALIFORNIA, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. - DISCLAIMERS: Ponsors, or Employers on whose behalf Sponsors are conducting a Promotion, reserve the right in their sole discretion to terminate, modify or suspend any Promotion, in whole or in part, because of the occurrence of any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control. Sponsors also reserve the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Sponsors’ control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Official Rules; or (iii) acting in an unsportsmanlike manner. If for any reason, this Promotion is not capable of running as planned due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors, which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsors reserve the right, at their sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Promotion, in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors also are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any e-mail or submission to be received by Sponsors on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsors are not responsible for any damage to a Promotion’s system, which is occasioned by participating in this Promotion or by downloading any information necessary to participate in the Promotion. Sponsors also are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of the entries in the Promotion. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- DISPUTE RESOLUTION: Except where prohibited by law, as a condition of participating in a Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of, or connected with this Promotion, or any Prizes awarded, or the determination of Winners shall be resolved individually (without resort to any form of class action and with the understanding and agreement that these Official Rules shall apply), and shall be submitted to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. 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, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering a Promotion), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of California, in the city of Mountain View, County of Santa Clara, or arbitration shall be conducted in the State of California, in the city of San Francisco, County of San Francisco, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event that arbitration is prohibited, in a particular state/territory then any such claim shall be brought and maintained in the federal or state courts of the State of California. Any dispute or claim arising out of the entry of this Promotion, or any disputes with website users which arise as a result of the use of the website associated with the Promotion, shall be governed by the laws of the State of California, without respect to conflicts of laws principles.
- WINNER’S LIST & OFFICIAL RULES: For a list of prize winners or a copy of these Official Rules, send your request (and include a stamped, self-addressed return envelope) with your handwritten name, mailing address, phone number, and e-mail address, and name of the Promotion to: Compliance Sweepstakes Services, LLC, PO Box 468, Stonington, CT 06278.
- SPONSORS: Blue Care Advisor (a wholly owned subsidiary of Blue Cross) (collectively the “Sponsors”), located at 3535 Blue Cross Road | Eagan, MN 55122 USA.
- ADMINISTRATOR: Compliance Sweepstakes Services, LLC, PO Box 469, Stonington, CT 06278
- MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company 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. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsors’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the Sponsors’ website(s), these Official Rules shall govern and control.
