NO PURCHASE NECESSARY TO PLAY OR WIN. Void where prohibited by law.
1. Promotion Period: This Sweepstakes begins at 8:00:00 a.m. MT on the first day of March, 2019 and ends at 11:59:59 p.m. MT on the thirty-first day of March, 2019 (“Sweepstakes Period”).
3. Prizes/Odds of Winning: Thirty-One (31) prizes will be awarded in this Sweepstakes consisting of the following: One (1) $2,000 Visa® Gift Card (which can be used for travel expenses). Ten (10) $100 Visa® Gift Cards (which can be used for travel expenses). Ten (20) $50 Visa® Gift Card (which can be used towards a massage). Approximate Retail Value (“ARV”) of each prize is: $2,020.00, $120.00 and $50.00 respectively. Actual prize to be awarded will be at Sponsor’s sole discretion. The total ARV of all prizes is: $4,220.00. 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. No cash equivalent for the prizes will be available. Prizes are not transferable.
4. Drawing: There will only be thirty-one winners of the Sweepstakes Prizes (“Winner(s)”). Each Winner will be selected randomly in a drawing of all eligible Entrants by the Sweepstakes administrator located in Denver, CO on or about twenty business days following the Sweepstakes Period (“Drawing Date”). The Winners will be notified by electronic mail that they have been selected as a Winner and given instructions regarding how to claim the Sweepstakes Prize.
Each Winner will have twenty (20) business days from the date of notification of his or her selection as the Winner to accept the Sweepstakes Prize. If the selected Winner(s) cannot be contacted, are ineligible, fail to claim the Sweepstakes Prize, or fail timely to return any completed documentation, if required, the selected Winner’s Sweepstakes Prize may be forfeited. If any Sweepstakes Prize is unclaimed or forfeited, it will not be awarded to other Entrants. ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE SWEEPSTAKES PRIZES, AND ANY EXPENSES ASSOCIATED WITH REDEEMING THE SWEEPSTAKES PRIZES, ARE THE SOLE RESPONSIBILITY OF THE WINNER. Each Winner releases, indemnifies, and holds harmless the Sponsor and all its related individuals and entities, including its agents and independent contractors, from and against any and all liability, claims, or actions of any kind sustained in connection with participation in the Sweepstakes and/or the receipt, ownership, or use of the Sweepstakes Prize. Each Winner may be required to sign and return an affidavit of eligibility. Each Winner consents to the use of his/her name, photograph, and/or likeness for advertising and publicity purposes without additional compensation, unless prohibited by law.
6. Sponsor: Healthgrades Operating Company, Inc. is the sole sponsor of the Sweepstakes, and may be contacted at 1801 California Street, Suite 800, Denver, Colorado 80202, 303-716-0041.
7. Disclaimers: Sponsor is 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 Sponsor 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 Winner due to reasons beyond Sponsor’s control even if caused by the negligence of one of the Sponsor. Entrants further agree to indemnify and hold harmless the Sponsor from any and all liability resulting or arising from the Sweepstakes, and hereby acknowledge that said Sponsor 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. Sponsor 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 reasonable 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.
9. 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.
10. 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: Share Your Experience Sweepstakes “Winners’ List” or “Rules” (specify which), Attn: Consumer Marketing Team, 1801 California Street, Suite 800, Denver, CO 80202. All requests must be received by April 30, 2019. The Official Rules will be available on the Website during the entire Sweepstakes. Name of Winners may also be posted on the Website.