The SAM-E Complete™ Monthly Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
EXCEPT AS OTHERWISE PROVIDED IN THESE OFFICIAL RULES, ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AS MORE FULLY EXPLAINED BELOW.
1. HOW TO ENTER. The SAM-e Complete™ Monthly Sweepstakes (“Sweepstakes”) begins at 10:00:00 a.m. Eastern Time (“ET”) on the start date stated in the blog posting on www.sam-e.com/talk (“Web Site”) that invites users to enter the Sweepstakes (“Blog Post”) and ends at 9:59:59 a.m. ET on the end date stated in the Blog Post (the “Sweepstakes Period”). Eligible individuals (see Section 2 below for eligibility requirements) must visit the Web Site and open the Blog Post relating to the then-current Sweepstakes. Then, to enter the Sweepstakes, follow the instructions in the Blog Post to complete and submit the comment form (including a valid e-mail address) at the bottom of that Blog Post during the Sweepstakes Period to respond to the Blog Post (“Comment”). Posting a Comment is free. A submitted Comment that complies with these Official Rules will receive one (1) entry into the Sweepstakes. Limit of one (1) entry may be obtained per person and per e-mail address during the Sweepstakes Period. Although subsequent Comments may be received, only the first Comment received from a particular person or e-mail address will count. The Web Site’s database clock will be the official timekeeper for this Sweepstakes. Comments must be received by Sponsor during the Sweepstakes Period. For purposes of this Sweepstakes, an entry form is “received” when the Web Site’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming submission or a “thank you” message or screen) does not constitute proof of actual receipt of a Comment for purposes of this Sweepstakes. Entrants who do not abide by these Official Rules, follow the instructions in the Blog Post or from Pharmavite LLC (“Sponsor”) or fill in all of the required fields on the comment form will be disqualified. Entries will not be acknowledged or returned. Entries that are forged, altered, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and who are at least the age of majority in their state of primary residence on the entry date. Employees, officers and directors of the Sponsor, its parent, division, affiliates, subsidiaries, prize providers, advertising agencies or promotional partners associated with this Sweepstakes, and relatives of and those living in the same household as such employees are not eligible to enter or win a prize. For the purpose of this Sweepstakes, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited.
3. ODDS/SELECTION OF WINNER: Odds of winning depend on number of eligible entries received during the Sweepstakes Period. On or about three (3) days after the end of the Sweepstakes Period, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent or representative, whose decisions are final, to determine the winners. Ten (10) winners will be randomly selected for each Sweepstakes Period. Approximately two (2) days after the drawing, the winners will be notified that they may have won a prize in this Sweepstakes (subject to Sponsor’s verification procedures) through the e-mail addresses submitted in the winning Comments. If a potential winner does not respond according to the instructions contained in the notification e-mail, including, without limitation, by providing winner’s valid U.S. mailing address to receive the prize won within seven (7) days of the date Sponsor sent the notification, the prize may be forfeited and an alternate winner selected in Sponsor’s sole discretion. Prizes will only be mailed to addresses in one (1) of the fifty (50) United States or the District of Columbia. Each winner may be required to sign and return an affidavit of eligibility and liability/publicity release, at Sponsor’s sole discretion (unless prohibited by law), within the time frame specified by Sponsor or its agent. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any prize, prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable, or except as otherwise stated herein, if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), that winner may be disqualified and an alternate winner may be randomly selected.
4. PRIZE: Each of the ten (10) winners per Sweepstakes Period, subject to verification, will receive a one- (1) month supply of Nature Made SAM-e Complete (consisting of one (1) box of thirty-six (36) SAM-e Complete 400mg capsules). Approximate retail value of the prize: $39 × 10 Winners = $390. Please allow 4 to 6 weeks for prize delivery.
If legitimately claimed, the prize will be awarded. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. Sponsor will not replace any lost, mutilated or stolen prize. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded.
5. *LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, ITS PARENT, DIVISIONS, SUBSIDIARIES, AFFILIATES, PRIZE PROVIDERS, ADVERTISING, PROMOTION AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, WITH SPONSOR, THE “SWEEPSTAKES ENTITIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. *
6. ADDITIONAL DISCLAIMERS: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by any of the Sweepstakes Entities, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail Sweepstakes-related correspondence or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sweepstakes Entities are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify you, if your e-mail address does not work or if it is changed without prior written notice to Sponsor.
7. GENERAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant consent to the use of their name, picture, likeness, voice, biographical data and/or any information contained in their Comment in advertising, promotion and marketing materials throughout the world, including on the Internet and/or on the Web Site, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Each entrant acknowledges that Sponsor, its promotional partners and third-party marketing entities have no obligation to use or display in any way entrant’s name, picture, likeness, voice, biographical data and/or any information contained in entrant’s Comment. Sponsor’s decisions will be final in all matters, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor’s’ failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Blog Posting or other Sweepstakes-related materials and these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), the discrepancy will be resolved in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced on the Web Site or elsewhere. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with his/her potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. RESOLUTION OF DISPUTES/GOVERNING LAW. All disputes between a participant and Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law. Any and all disputes and claims relating to this Promotion shall be resolved by submission to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and by entering the Promotion, all participants expressly waive the right to trial by jury. The arbitration shall be conducted in Los Angeles County, California, in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party shall pay one-half of the costs of the arbitration, and participants shall be responsibility for their own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators shall not have authority to award punitive or exemplary damages. The dispute and claims and arbitration proceedings shall at all times be kept confidential except to the extent necessary to enforce or collect the arbitration award. Each participant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules shall be filed only in the state or federal courts located in Los Angeles County, Los Angeles, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
9. WINNERS LIST/OFFICIAL RULES. To find out who won, check the Web Site approximately thirty (30) days after the end of the Sweepstakes Period or send your request specifying the applicable Sweepstakes Period for which you are inquiring and a legal-size, self-addressed, stamped envelope no later than three (3) months following the end of the Sweepstakes Period to: Sam-e Monthly Sweepstakes Winners List Request c/o Ignite Social Media
14600 Weston Parkway, Suite 100 Cary, NC 27513, For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope prior to the end of the Sweepstakes Period to: Sam-e Monthly Sweepstakes Official Rules Request, c/o Ignite Social Media 14600 Weston Parkway, Suite 100 Cary, NC 27513. Vermont residents can omit return postage for Official Rules requests.
10. THE SPONSOR OF THIS SWEEPSTAKES IS: Pharmavite LLC, 8510 Balboa Blvd., Suite 100, Northridge, CA 91235.