SmartWatch Sweepstakes Official Rules

Official Rules

HealthAware 2017 Fall SmartWatch Sweepstakes

NO PURCHASE NECESSARY TO WINA PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Agreement to Official Rules.  Participation in the [HealthAware 2017 SmartWatch Sweepstakes] (the “Sweepstakes”) constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor (as defined below), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.  The Sweepstakes is sponsored by HeathAware LLC, 1415 Park Avenue West Denver, CO 80205 (“Sponsor”).
  2. Odds.  The odds of winning will be determined by the number of eligible entries received.
  3. Eligibility.  The Sweepstakes is open only to legal residents of, and physically located within, any of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years of age or older as of the date of entry.  All directors, officers and employees of Sponsor, and its parent companies, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Sweepstakes agencies, and each of their immediate family members (spouses, parents, children, and siblings and their respective spouses), and those living in the same household as each, are not eligible to participate in the Sweepstakes.  The Sweepstakes is subject to all applicable federal, state, provincial, and local laws and regulations.  Void where prohibited.
  4. Entry Period.  The Sweepstakes entry period begins on September 1, 2017, at [12:01 am] Eastern Standard Time (“EST”) and ends on November 15, 2017 at [11:59 pm] EST (the “Entry Period”).  Sponsor’s computer shall be the official time-keeping device for the Sweepstakes.
  5. How to Enter Sweepstakes. To enter the Sweepstakes, you must do one of the following during the Entry Period:
  6. Health Assessment Entry. Following the instructions to complete a Sponsor health assessment via a participating hospital’s website (current participating hospitals are: Bon Secours Richmond Health Systems, Centra Health, Ingalls Health System, Kaweah Delta Health Care District, UnityPoint Health Trinity, West Tennessee HealthCare,  during the Entry Period to receive one (1) entry into the Sweepstakes.  Only Sponsor health assessment entries completed via a participating hospital’s website during the Entry Period will be accepted.
  7. E-mail Entry.  Send an e-mail to smartwatch@healthaware.com, include in the subject line of the e-mail [“2017 Fall SmartWatch Sweepstakes”] and include in the body of the e-mail entrant’s legal name, age, date of birth, and valid home address to receive one (1) entry into the Sweepstakes.  Only e-mail entries submitted to the email address above during the Entry Period will be accepted.  Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by entrant. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Proof of being the authorized account holder may be required.

Regardless of the method of entry, only one (1) entry per person is permitted.  Members of the same household may each receive one (1) entry per member.

  1. Random Drawing. One (1) potential Grand Prize winner,  will be selected from a random drawing conducted by Sponsor on or about [3:00pm] MT on or before December 31, 2017.  A potential winner may be required to execute and return an affidavit of eligibility/liability release and, where lawful, a publicity release within seven (7) days of date of issuance.  If such potential winner declines in writing to accept a prize, any Sponsor required documents are not returned on time, prize or prize notification is returned as undeliverable, the Sponsor is unable to contact a potential winner within a reasonable time period, or a potential winner is not otherwise in compliance with these Official Rules, the prize will be forfeited and, at the Sponsor’s sole discretion and time permitting, it may select an alternate winner from all remaining eligible entries.  There will be three (3) alternate drawings after which the applicable prize will remain unawarded.
  2. Prizes.  
  3. Grand Prize.  One (1) Grand Prize winner will receive an [Apple Watch™*].  Approximate retail value (“ARV”) for Grand Prize: $[350.00].
  4. Terms for all Prizes.  Total ARV for all prizes is $[350.00].  Prizes will be fulfilled approximately sixty days business days after the conclusion of the drawing. Gift card prize is subject to all terms and conditions on the card.  Prizes will be awarded “as is” with no warranty, guarantee or representations, either express or implied, by Sponsor.  Warranty claims for any prize are subject solely to the terms of any manufacturer’s warranty provided with the prize.  No interest will be paid on any cash prizes.  If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.  The winner is fully responsible for any and all applicable federal, provincial, state, and local taxes.  All costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner.  Prizes are non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize with one of comparable or greater value at its sole discretion.  Other restrictions may apply.
  5. Conditions/Use Rights.  By accepting any prize, each entrant consents to the use of their names, voices, and likenesses, including all accompanying personally identifiable information entrant submits or Sponsor obtains in the course of entrant accepting any prize, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation (other than the specific prizes described herein) to entrant, his/her successors or assigns, or any other entity, except where prohibited by law.
  6. Privacy.  By participating in the Sweepstakes, entrant authorizes Sponsor and the participating hospitals to collect, use, process, transfer and store all data provided by entrant, including without limitation, personal data, to the United States, or any location(s) throughout the world that Sponsor deems necessary, whether within entrant’s country of residence or elsewhere, and with such party(ies) as Sponsor deems appropriate, for purposes of administration of the Sweepstakes.  All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with Sponsor’s privacy statement.  Personal information will be used only to: (a) provide information about the Sweepstakes; (b) contact and publicize potential winners; and/or (c) if an entrant selects to receive additional information from Sponsor on the entry form, to send additional information to that entrant during or after any Entry Period.  Entrants have the right to withdraw and correct their personal data, but entrants are not allowed to re-submit their entries.  Directions on procedures for submitting corrections to personal data are provided in the privacy statement of Sponsor.
  7. Release and Limitations on Liability.  By participating in all or a portion of the Sweepstakes, entrant agrees to release and hold harmless all directors, officers and employees of Sponsor, and its parent companies, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Sweepstakes agencies (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize; or travel to any Sweepstakes-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.  In the event that entrant breaches any of his/her representations, warranties or undertakings contained herein, Released Parties shall be entitled to and may seek indemnification from entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach.  Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Sweepstakes or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Sponsor is not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
  8. Miscellaneous.  The decisions of Sponsor are final with respect to all aspects of this Sweepstakes.  The Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the State of Colorado without regard to choice of law principles.  Entrant specifically agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in the County of Denver, Colorado; (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 entrant 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. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the Sweepstakes, to be acting in violation of these Official Rules or any applicable laws relating to the Sweepstakes, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion.  Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  9. Winners List; Official Rules. For notification of the winners and/or a copy of these Official Rules, send a self-addressed, stamped envelope to: HealthAware LLC, c/o [HealthAware 2017 Smartwatch Sweepstakes], 1415 Park Avenue West Denver, CO 80205.  Requests for the winners list will only be accepted after the end of the Sweepstakes Entry Period and must be received by December 31, 2017.
  10. Sponsor. The Sponsor of this Sweepstakes is HealthAware LLC. Entrants shall not use the trademarks of Sponsor or falsely associate themselves with Sponsor during or after the Entry Period.

© 2017 HealthAware LLC.  All rights reserved.

*Apple Watch and Apple are registered trademarks of Apple Inc.  Apple is not affiliated with Sponsor and does not sponsor, endorse, approve or have any responsibility for this Sweepstakes.