NO PURCHASE IS NECESSARY TO PLAY OR WIN A PRIZE. INTERNET ACCESS AND A VALID EMAIL ADDRESS REQUIRED TO PLAY ONLINE. EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE SWEEPSTAKES (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 10).
1. SWEEPSTAKES DESCRIPTION. Diabetes Daily’s (the “Sponsor”) goal of the sweepstakes is to select one (5) participants in Thrivable Insights survey 2019DDJ1 to win one $250 Gift Card and five $50 Gift Cards (the “Sweepstakes”). The Sweepstakes begins at 12:01:00 a.m. Eastern Standard Time on January 1,
2. WHO IS ELIGIBLE TO WIN
a. Eligibility: The Sweepstakes is open only to members of the Thrivable Insights market research panel who are residents of the Territory and are eighteen (18) years of age or older, and have completed the 2019DDJ1 survey during the Sweepstakes period. Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after January 1, 2019 (a) was or is an owner, director, officer, employee, agent, or independent contractor of the Sponsor; (b) employees, directors, or officers of any entity engaged in the development, production or distribution of Sweepstakes materials or of any entities retained by Sponsor to assist in any way with the administration or advertisement of the Sweepstakes; and (c) persons who are immediate family members (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or who reside in the same household as, any person in any of the preceding categories.
b. Agreement To Official Rules: The Sweepstakes is conducted in the Territory, by the Sponsor, and each person who enters the Sweepstakes (each a “Participant”), unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding with respect to all aspects of the Sweepstakes in the Territory.
c. To Be Eligible To Win: Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes (see Rule 9, “Verification”). Sponsor reserves the right in its sole discretion to disqualify any potential winner whom Sponsor determines is not permitted by law to receive a prize. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. Until a potential prize winner is verified to be eligible and in compliance with these Official Rules, the potential prize winner is required to keep confidential the prize and identification of potential prize winner.
d. Participants with Disabilities: If you have a disability that you believe prevents you from participating in the Sweepstakes, or need assistance in redeeming a prize, contact David Edelman at Diabetes Daily, 26201 Richmond Road, Bedford Heights, OH 44146 for assistance.
3. HOW TO ENTER. Complete the 2019DDJ1 survey (emailed to Thrivable Insights participants) or send a postcard with your contact information (including phone number) to Diabetes Daily, 2019DDJ1, 26201 Richmond Rd, Bedford Heights, OH 44146 by the last date of the Sweepstakes. NO PURCHASE OR ACTION OF ANY KIND IS NECESSARY TO ENTER OR WIN.
a. PRIZES. One (5) prizes will be awarded.
- $250 Gift Cards. One (1) prize available in the Territory ARV: $250 each.
- $50 Gift Cards. Five (5) prizes available in the Territory ARV: $50 each.
The odds of winning a prize in the Sweepstakes are determined by the number of entries.
4. PRIZE CLAIM REQUIREMENTS
a. Prize Claim Deadlines: Prizes in the Sweepstakes must be claimed by no later than June 1, 2019. All Prize Claim Documents must be completed in full and returned for receipt by the Sponsor no later than ten (10) business days following notification by the Sponsor to the winner. Receipt after that date will invalidate
b. Prize Claim Limitations: Prize redemption may require access by computer. Some prize claims may not be possible via a mobile device. All prize claimants must be at least eighteen (18) years of age or the age of majority in his/her jurisdiction of residence.
c. Online Email and Other Notifications: Sponsor is not responsible if any potential winner does not receive his or her redemption instructions or corresponding prize because an erroneous, fraudulent or bogus email address was provided in the potential winner’s Online Registration information or if the email is intercepted by SPAM or other email filters, is misdirected or not received for any reason. To help prevent an email message from being identified as SPAM, you should add firstname.lastname@example.org to the safe sender list in your email application. See your email application help instructions for further information.
5. Claiming Prizes: A potential winner must follow the instructions of the Sponsor to begin the prize claim process. A potential winner will receive an email with information and/or instructions that must be followed to claim the prize. Prizes ship approximately seven (7) days from date eligibility is confirmed. If verification results in forfeiture, you will not receive the prize.
6. GENERAL PRIZE RESTRICTIONS
a. PRIZES NOT CLAIMED OR THAT ARE FORFEITED WILL NOT BE AWARDED Sponsor will not be obligated to pursue alternate winners for any unclaimed or forfeited prize for any reason, in which case those prizes may go unawarded. No cash alternative or substitution of any prize will be provided. Prizes will be delivered only to an address in the Territory stated in the Prize Claim Information completed by the winners. If a potential winner cannot accept a prize as stated that prize will be forfeited in its entirety.
b. Conditions of Prize Claim Submissions: All Prize Claim Documents received after the applicable redemption deadlines shall be deemed VOID and will be ineligible for prizes. Prize Claim Documents that are complete and duly submitted to the Sponsor within the applicable redemption period will be verified as soon thereafter as reasonably practical, and once verified, prize winners will be notified by email and will receive their prize at a later date. If any potential prize winner fails or refuses to properly sign and return all Prize Claim Documents by the redemption deadline or if the Prize Claim Documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential prize winner will be disqualified and/or otherwise forfeit their prize. The submission of Prize Claim Documents is solely the responsibility of each Participant. If any potential winner declines a prize, is found to be ineligible, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received. When sending Prize Claim Documents to the Sponsor, it is strongly recommended that Participants retain a photocopy of all Prize Claim Documents submitted and send the submission using Registered, Certified or Express Mail with a receipt of mailing (although proof of mailing does not constitute proof of delivery).
6. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents. Sponsor and its respective subsidiaries, affiliates, directors, officers, employees, representatives, and agents (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered, or postage-due submissions of Prize Claim Documents or Sweepstakes materials, or any mail; (b) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (c) any incorrect or inaccurate information, whether caused by Official Website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Sweepstakes; or (d) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Proof of mailing Prize Claim Documents of any kind or nature does not constitute proof of delivery. Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. By participating in the Sweepstakes each Participant hereby releases and agrees to hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related prize. Participants waive the right to assert as a cost of winning any prize, and any liability and publicity which might arise from claiming or seeking to claim said prize. By submitting an entry and/or Prize Claim Documents, each Participant and verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto.
DISCLAIMER OF WARRANTIES. THE SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
a. Disqualification: It is Participant’s sole responsibility to ensure that he or she has complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and the prize forfeited, except that Sponsor may attempt to contact alternates in order to award a Sweepstakes prize. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial Sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. 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. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
b. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. Sponsor employees are not authorized to modify or amend these Official Rules.
c. Governing Law: In the Territory, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Ohio including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
8. ARBITRATION. By participating in this Sweepstakes in the Territory, each Participant agrees that any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Sweepstakes
9. OFFICIAL RULES. Mail a SASE to “Official Rules Request” Diabetes Daily, LLC, 26201 Richmond Road, Bedford Heights, OH 44146. All requests must be received by March 30, 2020. Vermont residents with a return address located in Vermont may omit return postage. Limit one (1) request per outer envelope.