HEALTHPRIZE “WEEKLY DRAWING” SWEEPSTAKES RULES
These HealthPrize Weekly Drawing Sweepstakes Rules (these “Official Rules”) are applicable to each separate HealthPrize “Weekly Drawing” Sweepstakes.
HEALTHPRIZE TECHNOLOGIES, LLC IS THE SPONSOR OF ALL “WEEKLY DRAWING” SWEEPSTAKES OFFERED VIA THIS WEBSITE – https://walgreens.healthprize.com.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN ANY HEALTHPRIZE “WEEKLY DRAWING” SWEEPSTAKES. FOR EXAMPLE, YOU DO NOT NEED TO BE TAKING ANY MEDICATIONS IN ORDER TO ENTER OR WIN. A PURCHASE OR TAKING MEDICATION WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
To be eligible to participate in a HealthPrize “Weekly Drawing” sweepstakes (each, a “Sweepstakes”), you must be a resident of one of the 50 United States or the District of Columbia, and 18 years old or older (unless your state has a greater age of majority, in which case you must be at least that age). In addition, you must not be a participant in a government health plan. Additional eligibility conditions are below.
Each Sweepstakes is a separate independent event, and each is subject to the following specific restrictions, qualifications and conditions:
- Sponsor: The Sweepstakes are sponsored by HealthPrize Technologies, LLC (“HealthPrize”), which has a principal place of business at 20 Marshall Street, Suite 210, Norwalk, CT 06854.
- Eligibility: Each Sweepstakes is open only to individuals who:
(a) are at least 18 years of age or the legal contracting age in his/her state of residence, if greater than 18;
(b) are legal residents of one of the 50 United States or the District of Columbia;
(c) are not participants in a government health plan; and
(d) have a valid email address for notifications.
(Entrants may be required to prove their age and residency, that they are not participants in a government health plan if HealthPrize obtains evidence to the contrary and/or that they have a valid email address. The sufficiency of any such proof shall be determined by HealthPrize, in its sole discretion.). However, (i) employees of HealthPrize or of Walgreen Co., 104 Wilmot Rd., Deerfield, IL (“Walgreens”) (ii) employees of any company assisting with the conduct of any Sweepstakes, (iii) employees of any parent, subsidiary or affiliated company of any of the foregoing, (iv) members of such employees’ immediate families and individuals living in the same households as such employees, are not eligible to participate in any Sweepstakes. Also, persons who have already won a Prize once, are ineligible to win a second time.
- Sweepstakes Entry Period: Unless otherwise stated, the entry period for each Sweepstakes will begin at 12:00:01a.m. Eastern time in the United States on Monday (the “Start Moment”) and run through and including 11:59:59p.m. Eastern time on the following Sunday (the “End Moment”). For each Sweepstakes, the period of time from and including the Start Moment and ending at the End Moment is the “Sweepstakes Entry Period” for that certain Sweepstakes for which winners will be determined on the first Thursday or Friday following the end of the Sweepstakes Entry Period. However, if both the Thursday and Friday following the end of the Entry Period are holidays observed in Norwalk, CT, then the winner(s) will be determined on the first business day thereafter. For each separate Sweepstakes:
(a) online entries effected by properly taking prescribed medication must be received by HealthPrize via timely reporting of that fact to HealthPrize during the applicable Sweepstakes Entry Period; and
(b) mail-in entries effected without regard to taking any medication must be post-marked by the U.S. Postal Service during the applicable Sweepstakes Entry Period.
Entries not received (if entry is online pursuant to clause 3(a) above and section 6(a) below) or post-marked (if entry is mailed pursuant to clause 3(b) and section 6(b) below) within the applicable Sweepstakes Entry Period will not be valid to participate in the particular Sweepstakes. All times in these Official Rules are Eastern time in the United States.
- 4. Prizes and Retail Value:
(a) Only one type of prize is available to be won in any Sweepstakes, namely, a $10 e-certificate (voucher) redeemable only for goods at Walgreens.com (a “Prize”). Although the voucher may be redeemed for goods having a retail value of up to $10, the voucher may not be redeemed for cash and it has no cash value. If goods purchased using the e-certificate are returned, only credit usable at Walgreens.com will be issued. As described below, more than one Prize (each of the description above) may be awarded in a Sweepstakes, but each eligible entrant may win only one Prize.
(b) ALL EXPENSES AND COSTS RELATED TO THE RECEIPT AND/OR USE OF THE PRIZES, INCLUDING BUT NOT LIMITED TO TRAVEL, TRANSPORTATION, SHIPPING, DELIVERY, AND PERSONAL EXPENSES, ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER
- Odds of Winning and Aggregate Value: For each eligible entrant in a Sweepstakes, the odds of winning a Prize are 1/15,625 (0.000064). The odds of winning a Prize in a Sweepstakes are the same for each entrant, regardless of the method of entry. As a result, there can be more than one Prize winner in a Sweepstakes. Historically, however, fewer than one prize, on average over several Sweepstakes, has been won per Sweepstakes. Thus, averaging the value (in retail goods) of Prizes awarded over many historical Sweepstakes, the aggregate value (in retail goods) of Prizes to be won in a single Sweepstakes is estimated to be less than ten dollars ($10).
- How to Enter: There are two (2) ways to enter each Sweepstakes, as follows:
(a) By Taking Your Medications as Prescribed: To enter a Sweepstakes by taking your medications as prescribed, eligible participants must: (i) be a registered user in a HealthPrize program for a particular medical condition or prescription medication that is the subject of a sponsored HealthPrize program; and (ii) within the applicable Sweepstakes Entry Period, self-report having taken prescribed medication, as directed by the patient’s physician or other appropriate healthcare professional, at least 6 times in a given 7 day weeklong period, Monday through Sunday.
(b) Alternate Method of Entry – Mail in Entries: To enter a Sweepstakes by mail, without regard to taking medications, eligible participants must mail to HealthPrize (at its address set forth in section 1 above) in an envelope with proper postage, a 3” by 5” original hand-written card (photocopies and otherwise mechanically or digitally reproduced cards are not permitted) containing your name, address, email address, daytime telephone number and date of birth. Each envelope containing a card must be separately stamped and mailed such that it is post-marked and received by HealthPrize within the times set forth in section 3(b). Only one card per envelope. Envelopes must be no larger than a standard #10 business envelope. Only one entry per Sweepstakes will be accepted. The handwritten card must identify the specific Sweepstakes being entered by reference to the last day of the Sweepstakes Entry Period – i.e., “Sweepstakes Entry Period ending Saturday, September [insert date], 2016.”
- Conditions relating to Entries:
(a) No attempted means of entering a Sweepstakes other than those described in sections 3 and 6 will be accepted as a valid entry in a HealthPrize Sweepstakes.
(b) Without limiting the provisions of section 11(f) below, incomplete and illegible entries, late entries, and entries with information reasonably determined by HealthPrize (in its sole discretion) to contain false information, will not be valid.
(c) Only one entry per person per Sweepstakes will be accepted. If multiple entries are received for the same person, only one will be considered.
(d) All entries become the property of HealthPrize and will not be acknowledged or returned.
- Specific Prize Conditions; Liability for Taxes:
(a) If permitted in his/her state of residence, prize winners may be required to execute a Publicity Release. In addition, although unlikely, if any participant wins prizes that, in the aggregate, have a value greater than $100, that participant will be required to execute an Affidavit of Eligibility and Liability Release. (The Affidavit of Eligibility and Liability Release and, if applicable, the Publicity Release, are referred to herein as the “Prize Claim Documents”). If a winner fails or refuses to sign and return all required Prize Claim Documents in the manner and within the time set forth in section 9(a) below, such winner may be disqualified and an alternate winner may be selected.
(b) Any tax liability of any nature, including income disclosure obligations, related to the receipt and/or use of a prize, shall be the sole responsibility of the recipient. Although unlikely, if any participant wins prizes in a single calendar year that, in the aggregate, have a value $600 or greater, that participant will be issued a 1099 US Tax Form for the retail value of the Prizes.
- Drawing/Prize Winner Selection:
(a) To win a Sweepstakes, eligible Sweepstakes entrants must match, in order, each of the five winning numbers, each between 1 and 5, selected by operation of a computer software program designed to select the numbers randomly. Winners will be determined on the first Thursday or Friday following the end of the applicable Sweepstakes Entry Period. However, if both the Thursday and Friday following the end of the Entry Period are holidays observed in Norwalk, CT, then the winner(s) will be determined on the first business day thereafter. On such date, a computer software program designed to select numbers randomly will randomly determine for each eligible Sweepstakes entrant five numbers, each between 1 and 5. If an eligible Sweepstakes entrant’s five numbers match, in order, each of the five previously-selected winning numbers, then the eligible Sweepstakes entrant shall be a winner, subject to the terms and conditions of these Official Rules.
(b) Within five (5) business days after winner(s) are selected, the potential winner(s) will be notified by email, that she/he is a winner (the “Notification”). The Notification will include the applicable Prize Claim Documents, if any. The potential winner will be required to execute and return all applicable original, signed and unmodified Prize Claim Documents, such that they are received by HealthPrize within ten (10) calendar days of the date of the email Notification. Failure to fully and timely respond as aforesaid will result in any Prize being forfeited. All email accounts must be current and up-to-date at the time of each Sweepstakes winner determination.
(c) If a Notification email (including the Prize Claim Documents) is returned or is deemed by HealthPrize (in its sole discretion) to be undeliverable, or in the event of non-compliance with the eligibility requirements and/or these Official Rules, the potential winner will be disqualified.
(d) The decisions of HealthPrize will be final and binding on all matters relating to each Sweepstakes. In the event of a dispute as to the identity of a Sweepstakes entrant, the entry will be deemed submitted by the holder of the email account provided in the online registration, if any, and if there is no online registration, then the entry will be deemed submitted by the holder of the email account provided in the mail-in entry. The “account holder” is the natural person assigned an email address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. A potential winner may be required to show proof of being the registered account holder for the email account associated with the winning entry.
- Award of Prize: Winners of each Sweepstakes will receive the applicable described Prize, subject to these Official Rules. Prizes shall be awarded only to the individuals named as Prize winners, and the right to a Prize may not be sold, assigned or transferred to any other person. Prizes must be accepted as awarded, and no substitutions are allowed, except that HealthPrize may substitute a prize of a value equal to or greater than the value of the originally described Prize, if the Prize, as described, is unavailable for any reason. Prizes may not be redeemed for cash or other consideration. Without limiting section 4(b), Prize winners will be responsible for all expenses associated with the receipt, possession and use of a Prize. Neither HealthPrize nor Walgreens is responsible for Prize delivery, safety, utility, quality or otherwise.
- General Conditions; Privacy; Release and Waiver of Liability:
(b) HealthPrize and Walgreens and each company assisting with the conduct of any Sweepstakes, each of their affiliated companies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Promotion Entities”), are not responsible for any incorrect or inaccurate entry information, human error, technical malfunctions, theft, tampering, destruction, or unauthorized access to, or alteration of entries.
(d) By entering a Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:
(i) releases and discharges each of the Promotion Entities from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she now may own or hold, or at any time heretofore may have owned or held, or at any time hereafter may own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with participation in any Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize;
(ii) acknowledges that the information he/she provides specific to a Sweepstakes is being provided to HealthPrize and not to Walgreens;
(iii) acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any Sweepstakes and/or any Prize, including, without limitation, their quality or fitness for a particular purpose; and
(iv) acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, its quality or fitness for a particular purpose.
(e) Waiver of California Civil Code Section 1542. Further, entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering a Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in section 11(d) shall include claims known or unknown, and unknown and unsuspected.
(f) Neither HealthPrize nor any of the other Promotion Entities shall have any obligation, responsibility or liability with respect to: (i) entries, notifications, communications or materials sent from an entrant to HealthPrize, or from HealthPrize to an entrant, that are undelivered, lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under HealthPrize’s direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Official Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with participation in any Sweepstakes.
(g) HealthPrize reserves the right to modify, suspend, or terminate any, some or all Sweepstakes, or any part thereof, if it determines, in its sole discretion, that any, some or all Sweepstakes, or any part thereof, is technically impaired or corrupted, or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined or impaired the integrity, feasibility, security and/or proper play of any, some or all Sweepstakes, or any part thereof. In addition, if for any reason any, some or all Sweepstakes, or any part thereof, cannot run as planned, including tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any, some or all Sweepstakes, or any part thereof, HealthPrize reserves the right, in its sole discretion, to (i) disqualify any individual who is responsible for or who tampers with any Sweepstakes process, and/or (ii) to cancel, terminate, modify or suspend any, some or all Sweepstakes, and (if a Sweepstakes is not cancelled) to select the winners from among all eligible entries received prior to the termination or modification.
- Governing Law; Forum Selection: This Sweepstakes is governed by the laws of the State of Connecticut. Each Sweepstakes entrant knowingly and voluntarily intends and agrees that (i) the mandatory, exclusive venue for any action in any way related to or arising out of this Sweepstakes or Prizes awarded shall be resolved individually without resort to any form of class action and shall be in the state and federal courts in and for Hartford County, Connecticut; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes, but in no event attorneys’ fees. Each entrant hereby knowingly and voluntarily waives any and all objections to venue and personal jurisdiction in the foregoing courts, and submits themselves thereto. Each entrant hereby waives any right he/she may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section 12, and stipulates that the aforementioned courts shall have in personam jurisdiction and venue over them for purposes of litigating any dispute, controversy, or proceeding arising out of or related to this Sweepstakes.
- Class Action Waiver: Each Sweepstakes entrant agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By entering a Sweepstakes, the entrant agrees to waive any right to a jury trial or to participate in a class action.
- Identification of Winner: Winners’ names, cities, and photos (where applicable) may be posted on HealthPrize’s and/or Walgreen’s website following confirmation, in HealthPrize’s and/or Walgreen’s sole discretion. To obtain a list of winners for any particular Sweepstakes by mail, send a self-addressed stamped envelope to HealthPrize Technologies, LLC, 20 Marshall Street, Suite 210, Norwalk, CT 06854 so it is received by HealthPrize no later than six months after the last day of the applicable Sweepstakes Entry Period. (Vermont residents may omit return postage.) Please specify “Sweepstakes winner” on the envelope. Please allow 6 to 8 weeks for receipt of the list. There is allowed a request as to only one Sweepstakes per mailing.
- Final Matters:
(a) The invalidity or unenforceability of any provision of the Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(b) Except where prohibited by law, and regardless whether a Publicity Release is required of or signed by a Prize winner, acceptance of a prize shall constitute and signify the prize winner’s consent that HealthPrize and/or Walgreen’s may use the winner’s name, likeness, image, voice, photographs and written statements made by the prize winner about any, some or all Sweepstakes, a prize, HealthPrize, Walgreen’s, HealthPrize’s products and/or services and/or Walgreen’s products or services, for promotional purposes in all forms of media, in perpetuity, without payment or consideration.
(c) No Promotion Entity shall be liable for failure or delay related to any Sweepstakes caused by any reason not within such Promotion Entity’s sole direct control, including but not limited to fire, flood, epidemic, earthquake, explosion, sickness, labor dispute or strike, bad weather, act of God or public enemy, equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any newly-enacted federal, state or local government law, order, or regulation, or order of any court or governmental authority.