New Product Survey Terms and Conditions
OFFICIAL RULES – SimpleHealth New Product Survey: January 2023
1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this SimpleHealth Survey (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins at 12:00am EST on January 10, 2023 and ends at 11:59pm EST on January 12, 2023 (the “Promotion Period”). Throughout the Promotion Period, you may enter the Promotion by filling out and submitting the survey sent to you by email also available here. Online entry is the only method of entry. All referenced links throughout the Official Rules are embedded directly in the accompanying text. Incomplete, false or deceptive entries are void. Winner will be picked and contacted by Simple Health Inc. (“Company”) as provided in Section 3. Company’s computer will serve as the official time keeping device for this Promotion.
2. ELIGIBILITY: The Promotion is open to legal residents of the United States and the District of Columbia who are the age of majority in their state of residence as of January 10, 2023 and not a federal health care beneficiary (for example, a Medicaid patient). Employees of Company and its advertising and promotional agencies, and any other entities participating in the design, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively with Company, the “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.
3. SELECTING THE WINNERS AND NOTIFICATION: The potential prize winner will be selected by random drawing after compiling all eligible entrants from the Promotion Period (each an “Entrant” and collectively the “Entrants”). Company, whose decision is final and binding in all respects, will contact the selected Entrant through the corresponding email with each survey (“Notice”) on or after January 13, 2022 (“Potential Prize Winner”). Odds of winning the Prizes (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 48 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternate Potential Winner”). Alternate Potential Winner shall be contacted via Notice as soon as practicable and shall also have 48 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED (WHICH MAY REQUIRE ENTRANT’S EXECUTION AND RETURN OF AN AFFIDAVIT OF ELIGIBILITY AND PUBLICITY AND LIABILITY RELEASE CONSISTENT WITH THE TERMS HEREIN AND AS DETERMINED IN COMPANY’S SOLE DISCRETION), AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).
4. General Conditions; License. Except where prohibited by law, by entering the Promotion or agreeing to accept the Prize or accepting the Prize, each Entrant hereby irrevocably and exclusively grants to the Promotion Entities, and their licensees, affiliates, and assigns (collectively, the “Licensed Parties”), an irrevocable, royalty-free and fully paid up right and license (but not obligation) to use the Entrant’s name (collectively, the “Materials”), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.
5. PRIZES AND TAXES: There will be one (2) Winners selected who will receive one (1), $150.00 Amazon gift card each (the “Prize”). The total estimated retail value of each Prize is $150.00 USD. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.
Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Winner. Each Winner shall provide, upon Company’s request, all available information that Company may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Each Winner acknowledges that Company will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.
6. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Company and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless Company and its respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. Company may rescind any Promotion found to contain such errors without liability at its sole discretion.
COMPANY AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
7. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Promotion; (iv) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (v) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Company reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by Company up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion, you are giving your permission to receive emails from Company.
To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
8. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE/THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
9. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in a county in New York, designated by Company. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
