2013 Thanksgiving Give Away: Official Rules
UrgentRx Thanksgiving Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
The UrgentRx Thanksgiving Sweepstakes (the “Sweepstakes”) begins on November 4, 2013 at 12:00 a.m. Pacific Time (“PT”) and ends on November 22, 2013 at 11:59 p.m. PT (the “Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for this Sweepstakes. All entries must be received during the Sweepstakes Period to be eligible.
The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia. Entrants must be eighteen (18) years of age or older, must reside and be located in the United States at the time of entry, and must have a valid e-mail account at the time of entry. Sweepstakes is not open to employees, officers, or directors, or to members of the immediate family or household of any employee, officer, or director, of Breakthrough Products, Inc. dba UrgentRx (“Sponsor”), or any of its parents, subsidiaries, affiliates, dealers, retailers, resellers, or any advertising or promotion agencies involved in this Sweepstakes (collectively, the “Sweepstakes Entities”). Sweepstakes is subject to all applicable laws. Void where prohibited.
HOW TO ENTER
By entering the Sweepstakes, entrants accept and agree to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. Additionally, by entering this Sweepstakes, entrants agree to release Facebook, Inc. (“Facebook”) from any and all liability related to the Sweepstakes. By entering, entrants understand and acknowledge that they are providing their information to Sponsor, and not to Facebook, as the Sweepstakes is not sponsored, endorsed, or administered by, or associated with, Facebook. Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Facebook.
DRAWING AND WINNER NOTIFICATION
The winners of the Sweepstakes will be randomly selected by the Sweepstakes judges from all eligible entries received during the Sweepstakes Period. The random drawing will be conducted on or about November 23, 2013. The potential winners will be notified by e-mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond within two (2) days after the first notification attempt, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if she or he has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
One (1) grand prize, two (2) second place prizes, and five (5) third place prizes are available and will be awarded provided a sufficient number of eligible entries are received. Each winner will be awarded only one prize. The grand prize consists of: a $400.00 Walmart gift card; a wallet containing UrgentRx product samples and sixty (60) packets of an assortment of UrgentRx products; (Approximate Retail Value (“ARV”) of grand prize - $497). The second place prizes consist of: a $50.00 Walmart gift card; a wallet containing UrgentRx product samples and thirty (30) packets of an assortment of UrgentRx products (ARV of second place prize - $105). The third place prizes consist of: a $25.00 Walmart gift card; a wallet containing UrgentRx product samples and twelve (12) packets of an assortment of UrgentRx products (ARV of third place prize - $55).
All prizes are non-transferable, non-negotiable and are not redeemable for cash. No prize substitution will be allowed, except in Sponsor’s discretion. Odds of winning depend on the number of eligible entries received.
Neither Walmart nor Sony is a sponsor of this Sweepstakes.
GENERAL PRIZE CONDITIONS
Winners are responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with acceptance or use of any prize. The potential winners may be required to execute an Affidavit of Eligibility and Liability/Publicity Release (the “Prize Claim Document”). Failure to sign and return the Prize Claim Document when requested may result in disqualification and selection of an alternate winner.
Acceptance of any of the prizes constitutes winner's permission for Sponsor to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law. Entrants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from winner’s acceptance, receipt, possession and/or use or misuse of any of the prizes, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes, including, without limitation, to such prize's quality, appearance, condition, merchantability, safety, performance or fitness for a particular purpose. The winners shall bear all risk of loss or damage to the prize after it has been delivered.
By entering the Sweepstakes, entrants release Sponsor and Sweepstakes Entities from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Sweepstakes, whether under a theory of contract, tort, warranty or other theory. Entrants release Sponsor and Sweepstakes Entities from any liability whatsoever, and waive any and all causes of action related to the acceptance, use, or misuse of any prize. Sponsor assumes no responsibility for any damages sustained by entrants participating in the Sweepstakes or by a winner’s use of any prize. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, misdirected, late, lost, or damaged entry forms or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, severs, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, cable, or telephone transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, entrants agree that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, incomplete, or forged entry forms will be accepted.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play, and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant's sole and exclusive remedy in such circumstances.
Only the type and quantity of prizes described in these Official Rules will be awarded.
Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively in the [Denver, CO court]; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules.
The information you provide for this Sweepstakes is subject to Sponsor's privacy statement set forth at: www.urgentrx.com.
WINNER’S LIST/OFFICIAL RULES
A winner list will be available after November 23, 2013. For a list of winners, send an email to email@example.com and include “Winners’ List for Thanksgiving Sweepstakes” in the subject line. Any other questions regarding this Sweepstakes should be directed to firstname.lastname@example.org by including “Questions re Thanksgiving Sweepstakes” in the subject line.
Breakthrough Products, Inc. dba UrgentRx, 1610 Wynkoop St., Ste. 300, Denver, CO 80202