Pledge for Heart Health brought to you by Healthgrades
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
- Sweepstakes Period: This Sweepstakes begins at 8:00:00 a.m. MT on February 1, 2013 and ends at 11:59:59 p.m. MT on February 28, 2013 (“Sweepstakes Period”). For all purposes of this Sweepstakes, the Website’s computer (defined in section 3) is the official clock and all times refer to Mountain Time (“MT”).
- Prizes/Odds of Winning: Twenty-eight (28) prizes will be awarded in this Sweepstakes consisting of the following: Ten (10) American Heart Association Healthy Slow Cooker Cookbook: 200 Low-Fuss, Good-for-You Recipes. Approximate Retail Value (“ARV”) of each cookbook is: $16.99; Ten (10) American Heart Association Step-in-Tune Pedometers. Smooth metallic silver finish. Convenient build-in belt clip and comfort earbuds. Batteries and gift box included. ARV of each Pedometer is $15.00; Eight (8) 24oz American Heart Association Water Bottles. Single wall (BPA Free) Eastman Tritan copolyester bottle with threaded lid. ARV of each Water Bottle is: $10.00. Each winner will receive either one (1) cookbook OR one (1) Pedometer OR one (1) Water Bottle. Actual prize to be awarded to each winner will be at Sponsor’s sole discretion. The total ARV of all prizes is: $ 399.90. Odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) prize per person/family/household. Each winner is responsible for all other incidentals/expenses not specifically mentioned as being included. All expenses associated with the receipt or use of a prize not specifically mentioned as being included (e.g. any requested upgrades/options) are excluded and is each winner’s sole responsibility. No cash equivalent for the prizes will be available. Prizes are not transferable. However, Sponsor may, in its sole discretion, choose to substitute a prize with one of equal or greater value due to prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion, to replace a prize with a similar prize; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item/component for purposes of calculating the ARV. The prizes and prize notifications will only be sent to addresses within the fifty (50) states of the U.S. (including D.C.). Any depiction of prizes in the Sweepstakes materials or otherwise are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize will be the sole responsibility of the winners. The Sweepstakes administrator is not the supplier or guarantor of any prize. This Sweepstakes is in no way sponsored or endorsed by the American Heart Association.
- Drawing: Potential winners will be randomly selected from among all eligible Entries received in a drawing held by the Sweepstakes administrator located in Atlanta, GA on or about March 5, 2013 (“Drawing Date”).
- Disclaimers: Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes; human error; acceptance/possession, use/misuse, and/or defects of the prizes awarded herein; typographical errors in Sweepstakes promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sweepstakes; interruption or inability to access the Sweepstakes, the Website, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; and/or cancellations and/or delays, or other company or any other persons providing any components of the prizes for a winners due to reasons beyond Sponsor’s and/or Sweepstakes Entities control even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with the prizes. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the state of Colorado 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 laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Denver County, Colorado, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant or entrants bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will an entrant(s) be entitled to awards for and entrant(s) hereby waives all rights to claim 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 increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Names of Winners/Official Rules: To receive the winners’ list or an additional copy of these Official Rules, send a self-addressed stamped envelope to: Pledge for Heart Health brought to you by Healthgrades “Winners’ List” or “Rules” (specify which), P.O. Box 6452, Burbank, CA 91510. All requests must be received by April 29, 2013. The Official Rules will be available on the Website during the entire Sweepstakes. Name of winners may also be posted on the Website.
- Sponsor: Health Grades, Inc., 999 18th Street, Suite 600, Denver, CO 80202.
©2013 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.