The SAM-e Complete™ Find Your Good Mood Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
WINNER WILL BE REQUIRED TO EXECUTE A PRIZE ACCEPTANCE AGREEMENT AS MORE FULLY DETAILED BELOW. 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 Completetm Find Your Good Mood Sweepstakes ("Sweepstakes") begins at 12:00:00 a.m. Eastern Time ("ET") on November 1, 2008, and ends at 11:59:59 p.m. ET on November 30, 2008 (the "Sweepstakes Period"). To enter the Sweepstakes, eligible individuals (see Section 2 below for eligibility requirements) must visit www.sam-e.com/sweepstakes ("Web Site") and follow the on-screen instructions to complete and submit the Sweepstakes entry form during the Sweepstakes Period. In addition, one (1) additional entry may be obtained for each friend or relative you refer by submitting his/her e-mail address in the designated field on the entry form, up to a total of three (3) additional entries per entry form submitted. Each friend's or relative's e-mail address may only be submitted once for an additional entry during the entire Sweepstakes Period. Limit of one (1) entry form may be submitted per person and per e-mail address per day, for a maximum of four (4) total entries possible each day during the Sweepstakes Period. The Web Site's database clock will be the official timekeeper for this Sweepstakes. Entry forms must be received during the Sweepstakes Period. For purposes of this Sweepstakes, an entry form is "received" when the Web Site's servers record the entry information upon clicking the final "Submit" button. Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of an entry form for purposes of this Sweepstakes. Entrants who do not abide by these Official Rules, follow the instructions or fill in all of the required fields will be disqualified. All entries become property of Pharmavite, LLC ("Sponsor") and will not be acknowledged or returned. Entries that are forged, altered, 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 residence on the entry date. Employees 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. On or about December 1, 2008, a random drawing from among all eligible entries will be conducted by Sponsor's designated agent/representative, whose decisions are final, to determine the winners. The winners will be notified that they may have won a prize in this Sweepstakes (subject to Sponsor's verification procedures) by mail, telephone, or e-mail (at Sponsor's sole discretion) on or about December 5, 2008. Winners 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 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. PRIZES: Grand Prize Package: One (1) grand prize winner, subject to verification, will receive a 3-night/4-day stay at the Red Mountain Spa ("Spa") in St. George, Utah for winner and one (1) guest on Sponsor-approved dates between January 1, 2009, and December 31, 2009, and a $1000 check payable to the grand prize winner to be used towards air or ground transportation between winner's and guest's residence and the St. George Municipal Airport in St. George, Utah (collectively, "Spa Prize"). Approximate retail value ("ARV") of the Spa Prize: $2334. Grand prize winner will also receive a prize package consisting of one (1) tote bag, one (1) six- (6-) month supply of SAM-e (consisting of six (6) boxes of thirty-six (36) SAM-e Complete 400mg capsules provided to winner all at once), one (1) pair of black chenille slippers, and one (1) copy of the book entitled "The Bounce Back Book" by Karen Salmansohn (collectively, the "Emmy Bag Prize"). ARV of Emmy Bag Prize: $350. Total ARV of grand prize package: $3684.
In addition to the $1000 spending money to be used toward transportation to St. George, Utah (in the form of a check payable to winner), the Spa Prize consists of the following for grand prize winner and one (1) guest: round-trip ground transportation between the St. George Municipal Airport and the Spa in St. George, Utah, deluxe hotel accommodations (based on double occupancy) for three (3) nights/four (4) days at the Spa, three (3) gourmet meals each full day of the stay, dinner on the evening of arrival, and breakfast on the morning of departure, and a variety of Spa services and activities, including bike rental, daily guided morning hikes, awareness walks, tai chi sessions, fitness classes, cooking demonstrations, nutrition classes, healthy living classes and events, and use of resort facilities, including pools, walking trails, and fitness equipment. Sponsor makes no representation or warranty that the check portion of the prize will be sufficient to pay grand prize winner's and/or guest's airfare or ground transportation between their residence(s) and St. George Municipal Airport in St. George, Utah. Grand prize winner is responsible for and must pay all expenses in excess of this amount for transportation between their residence(s) and St. George Municipal Airport in St. George, Utah. The grand prize winner and guest must use the Spa Prize on Sponsor-approved dates between January 1, 2009, and December 30, 2009, or the prize may be forfeited and an alternate randomly-selected grand prize winner chosen. Failure to complete the Spa Prize does not relieve the grand prize winner of his/her tax obligations associated with winning the prize. All meals, gratuities, charges, travel expenses, transfers, taxes, airfare, ground transportation and any other costs and expenses not specified in the prize description as being provided are the sole responsibility of the grand prize winner. Spa accommodations, services, activities, and facilities are subject to availability; blockout dates and capacity controls may apply. Actual retail value of the prize may vary depending on market conditions, changes in value of components (e.g., accommodation rates) and other reasons. Sponsor is not responsible for and grand prize winner will not receive the difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules. Use of any of the Spa services, activities or facilities may require form(s), medical documents and/or releases (in addition to those required by Sponsor) to be properly completed, and failure to complete any such forms, medical documents or releases may restrict activity access and/or participation and/or attendance. Spa services, activities, and facility access, participation, and attendance is subject to the policies and procedures established by the Spa. Specific prize details not specified herein will be made and determined in Sponsor's sole discretion. Ground transportation will only be provided from and to the St. George Municipal Airport in St. George, Utah, regardless of grand prize winner's and guest's transportation arrangements. If grand prize winner chooses to not use the ground transportation between the St. George Municipal Airport and the Spa, Sponsor and prize-providers will not substitute this portion of the prize and any difference in value will not be awarded to the grand prize winner. The grand prize winner and his/her guest must use the Spa Prize together on the same itinerary. Grand prize winner may be required to provide a credit card at time of Spa check-in to cover incidentals. Grand prize winner's guest must be the age of majority in the guest's state of residence, unless grand prize winner is the guest's parent or legal guardian. Grand prize winner agrees that his/her guest must comply with Sponsor's and each prize provider's procedures and policies and must sign and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor or prize will not be allowed. Once selected by grand prize winner, guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. By entering this Sweepstakes and accepting the prize, the grand prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or prize-related activity. The grand prize winner understands and agrees that Sponsor or prize providers have the right, in their sole discretion, to disqualify and remove the grand prize winner or his/her guest from any activity at any time if the grand prize winner's or his/her guest's behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers.
First Prize: One (1) first prize winner, subject to verification, will receive a $500 gift certificate for SpaFinder.com and one (1) Emmy Bag Prize as described above. Total ARV of the first prize package: $850.
Second Prize: Eight (8) second prize winners, subject to verification, will receive one (1) CD book entitled "Don't Sweat the Small Stuff for Women" by Kristine Carlson and a one- (1-) month supply of SAM-e (consisting of one (1) box of thirty-six (36) SAM-e Complete 400mg tablets). Total ARV of each second prize package: $416.
The following applies to all prizes:
Total ARV of all prizes: $4950. 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, are the sole responsibility of the winners. Sponsor will not replace any lost, mutilated or stolen prizes or certificates. If 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 "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. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED BY THE SWEEPSTAKES ENTITIES FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST'S USE OF THE PRIZE.
6. ADDITIONAL DISCLAIMERS: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by Sponsor, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail or mail 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), entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. 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. 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. 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 the 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. WINNER'S LIST/OFFICIAL RULES. To find out who won, send a legal-size, self-addressed, stamped envelope no later than three (3) months following the end of the Sweepstakes Period to: Find Your Good Mood Sweepstakes Winner 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: Find Your Good Mood Sweepstakes Official Rules Request, c/o Ignite Social Media, 14600 Weston Parkway, Suite 100, Cary, NC 27513.
10. THE SPONSOR OF THIS SWEEPSTAKES IS: Pharmavite, LLC, 8510 Balboa Blvd., Suite 300, Northridge, CA 91235.