Pledge for Heart Health brought to you by Healthgrades

 

OFFICIAL RULES

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.

  1. Eligibility: The Pledge for Heart Health brought to you by Healthgrades (The “Sweepstakes”) is only open to permanent legal residents of the fifty (50) states of the United States (“U.S.”) and the District of Columbia (“D.C.”) who are currently physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) and who are eighteen (18) years of age or older as of the date of entry. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Entrants must be Facebook members to enter; however, the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook and Facebook is completely released of all liability by each entrant in this Sweepstakes. Sponsor (defined below) has no affiliation with Facebook and has no responsibility for or control over any matters relating to Facebook or Facebook accounts. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number. Employees of Health Grades, Inc., (“Sponsor”), Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.  By submitting an Entry (defined in section 3), entrant agrees and acknowledges that he/she has read, accepts and is bound by these Official Rules, the Sponsor’s User Agreement and Sponsor’s Privacy Policy that are in effect at the time that entrant submits the Entry (defined in section 3) pursuant to the terms thereof.
  2. 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”).
  3. How to Enter: Entrants must go to the following website to enter this Sweepstakes:  https://www.facebook.com/HealthGradesInc" href="https://www.facebook.com/HealthGradesInc">https://www.facebook.com/HealthGradesInc">https://www.facebook.com/HealthGradesInc (“Website”) and then click the “Pledge for Heart Health brought to you by Healthgrades” tab, thumbnail or link.  Then follow the online instructions to complete and thereafter submit the entry form by providing the following information: First name, last name, valid email address, confirmation you a permanent legal resident of the United States or the District of Columbia and 18 years of age or older and agree to the Official Rules (collectively, “Entry Information”). In order to enter the Sweepstakes prospective entrants must use the Facebook application to pledge that they’ll talk to their doctor about heart health. In order to take that pledge, they will need to use the “Like” function for the Health Grades, Inc., Facebook page. All required Entry Information must be completed in full, be accurate, current and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. After completing and submitting your Entry Information you will then receive one (1) entry into the Sweepstakes (“Entry”). Entries must be received by 11:59:59 p.m. MT on February 28, 2013. There is a limit of one (1) Entry per person (based on email address/Facebook ID) for the entire Sweepstakes Period. Entries in excess of the stated limit will be disqualified. Any attempted form of entry other than as described herein is void. Proof of submitting an Entry will not be deemed by Sponsor as proof of receipt of entry into the Sweepstakes. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification, as set forth below. The Website may not be accessible from all mobile phones, handheld devices and/or tablets. If an entrant experiences any issues entering, he/she should access the Website from a desktop or laptop computer. Entrants will have the opportunity to receive information from Sponsor by checking the appropriate box. Doing so is optional and will not affect the chances of winning. If, at any time, an entrant no longer wishes to receive materials from the Sponsor, entrants must go to Sponsor’s Privacy Policy and follow the procedures indicated. Additionally, if an entrant chooses to opt-in to receive communications from Sponsor, his/her Entry Information will be subject to Sponsor’s privacy policy and terms of service (if applicable. The Sponsor’s privacy policy will be accessible from the Sweepstakes entry form.
  4. 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.
  5. 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”).
  6. Notification of Winners: Potential winners (or, if a potential winner is a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified via email by the Sweepstakes administrator at the email address associated with his/her winning Entry within approximately one (1) week of the Drawing Date. Potential winners (or, if a potential winner is a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will have three (3) business days to respond to the email notification. If a potential winner (or, if a potential winner is a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) does not respond within three (3) business days; if he/she is found to be ineligible; if he/she does not comply with these Official Rules; if his/her prize or prize notification email is returned as undeliverable; such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. By accepting a prize, each winner attests to the authenticity of his/her winning entry including the accuracy of the information contained therein and compliance with these Official Rules. If a prize winner is a resident of a jurisdiction that deems him/her to be a minor, his/her prize will be awarded in the name of his/her parent/legal guardian.7. General Conditions: This Sweepstakes is subject to these Official Rules and all federal, state, and local laws and regulations (collectively “Rules and Laws”). By entering the Sweepstakes and accepting a prize, entrants agree and acknowledge to be bound by the these Rules and Laws, as well as the decisions of the Sweepstakes administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from use of any submitted Entry; and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or winner’s acceptance of a prize constitutes permission for the Sweepstakes Entities to use each winner’s name, address (city and state), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on Website), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize awarded, and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s privacy policy, located at http://www.healthgrades.com/content/privacy-policy">http://www.healthgrades.com/content/privacy-policy">http://www.healthgrades.com/content/privacy-poli.... Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with this Sweepstakes will be prosecuted and is not eligible for a prize. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor in its discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and to conduct the drawing and award the prizes from among all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prizes in a manner that is fair and equitable. In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the entrant. The “authorized account holder” is deemed the natural person who is assigned to an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
  7. 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.
  8. 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.
  9. 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.
  10. 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.