WIN THIS CAR!
I. ELIGIBILITY: “The THC Win This Car Sweepstakes” (the "Promotion" or “Sweepstakes”) is open to qualified individuals (the "Participant" or “You”) who are current Total Health Chiropractic patients, who refer a qualified potential patient referral (“Referral”) that results in a THC patient relationship. A Participant is required to be a legal resident of the United States who resides in the state of Michigan and is 18 years of age or older at time of entry. This promotion is not open to the general public. Employees of Total Health Chiropractic of West Michigan, PLLC (the “Sponsor” and or “THC”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes (the “Promotion”), any agents acting for, or on behalf of the above entity, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the Sweepstakes (collectively "Promotion Entities") and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such
employee, are not eligible. Void where prohibited by law.
II. AGREEMENT TO OFFICIAL RULES: Participation in “The THC Win This Car Sweepstakes” constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set
forth herein.
III. ENTRY PERIOD FOR THE SWEEPSTAKES: The Sweepstakes begins at 12:00 AM Eastern Time (“ET) on July 18, 2012, and ends at 11:59 pm Eastern Time (“ET”) on June 19, 2013 (the "Entry Period"). Entries received prior to or after the Entry Period will not be accepted.
IV. HOW TO ENTER THE SWEEPSTAKES: A THC patient will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using any one of the following four (4) methods of entry:
1.) In-Office Entry Method: A Participant is invited to complete an entry form that is provided by one of the THC’s staff. The entry form needs to include your name, address, phone number, email address and a friend or family member’s information and email address. If the Referral Submission results into a THC patient relationship, which is identified as receiving a minimum of one (1) adjustment or one (1) decompression treatment, you will be registered in the Sweepstakes. The Sponsor’s staff will qualify the referrals and maintain records of all entries. Limit one referred Submission per day.
2.) Online Entry Method: Go to www.thchiro.com (the “Website”) and follow the prompts to complete an entry registration form that includes a friend or family member’s information and email address. If the Referral Submission results into a THC patient relationship, which is identified as receiving a minimum of one (1) adjustment or one (1) decompression treatment, you will be registered in the Sweepstakes. The Sponsor’s staff will qualify the referrals and maintain records of all entries. Limit one referred Submission per day.
For all Referral Submissions: You may only refer persons from whom you have received permission to provide their email address to the Sponsor, and to whom email from you or the Sponsor would not be considered an unsolicited commercial email. Each referred friend or family member will be sent an email from the Sponsor inviting them to visit THC’s facilities and become a THC patient. The email may identify you as having recommended that the invitation be sent.
3.) Testimonial Submission Entry Method: To share how THC has helped improve your health and well being, submit a written or videotaped Testimonial to receive one (1) entry into the drawing. Testimonial Entry Forms are available at the THC’s office. The entry form should include your name, address, phone number, email address and your testimonial. For a filmed version of your Testimonial, you will go to the THC office location and one of the staff will videotape you giving your Testimonial. By submitting a Testimonial you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name is used in the Testimonial; (f) that accurately reflects your opinion, and the statements made are known to be true and are based on personal familiarity with your experience at THC and with their staff; and (g) and that publication of the Testimonial via various media including Web posting, will not infringe on the rights any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. Limit one Testimonial entry per person and per e-mail address.
4.) Mail-in Entry Method: A Participant may enter by hand printing on a 3”x 5” card the following information: the title of the Sweepstakes, complete name, a address (including zip code), phone number and email address. Mail the 3”x 5” card in a first class stamped envelope to, “Win This Car Sweepstakes” Box 316, 90 Rockwood Pl, Rochester, NY 4510. All mail-in entries must be postmarked by July 13, 2013. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending a submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for mail that is lost, late, incomplete, invalid, unintelligible, illegible, stolen, damaged, or misdirected. Postage due mail entries will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. No photocopies, facsimiles or other mechanically reproduced entries permitted. Altered, defaced, mutilated, illegible or incomplete entries are ineligible. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator. All entries become the property of the Sponsor and will not be acknowledged or returned.
Limit one mail-in entry per day no matter what method of entry.
For all Submissions: Submission constitutes Participant’s consent to give Sponsor the irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section IX, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void. In the event of a dispute regarding any Submission, the authorized account holder of the email address used to register will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
V. WINNER DRAWING, NOTIFICATION AND ODDS: One (1) Grand Prize Winner (the “Winner”) will be randomly drawn from among all qualified Participants, conducted on or about June 24, 2013, by a Third party administrator, (“the Administrator”) an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. A Grand Prize Winner designation is subject to maintaining compliance with these Official Rules and approval by Sponsor. Potential Winner shall supply upon request by Sponsor, personal information for purposes of Sponsor issuing prizes, governmental reporting and/or verifying Winner’s identification. Winner’s THC account is required to be in “Good Standing” or an alternate potential winner will be selected. Potential winner will be notified by phone and email. Upon initial notification and verification of potential Grand Prize winner, confirmation will be sent to winner in writing via USPS mail, or other home delivery service of Sponsor’s choice. Odds of winning will depend on the total number of eligible entries received.
VI. PRIZE:
ONE (1) GRAND PRIZE WINNER will receive a 2012 Ford Fiesta car. Approximate MSRP is $18,000.00 USD. Winner is requested to be available for prize presentation at THC’s Annual BBQ Bash held July 18, 2013.
VII. GRAND PRIZE TERMS & CONDITIONS: The Winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of the prize. The Grand Prize winner (“Winner”) must accept the 2012 Ford Fiesta (“Vehicle”) within ten (10) days after notification or forfeit the prize. The selection of the dealership is within the sole and absolute discretion of the Sponsor. The vehicle will have such color, features and options as are chosen by Sponsor and will have a Manufacturer’s Suggested Retail Price of approximately $18,000.00. The amount of the vehicle payment will be paid by the Sponsor, provided, however, that the vehicle will be executed in the name of the winner and the winner assumes all responsibilities associated with the vehicle prize. The Vehicle’s final value for 1099 purposes will be based in the Blue Book value at time of prize acceptance. Winner must also execute any documents necessary to take title to such vehicle. The prize payment does not include title, tag, registration fees or applicable taxes, which are the sole responsibility of the winner. The winner shall be responsible for all other costs and expenses associated with the vehicle prize, including but not limited to personal injuries, property damage and death to third parties, insurance, fuel, tolls, routine maintenance, excess wear & tear or damage to the car and all applicable taxes. The color of the vehicle and other available options and features is subject to availability of dealer. Actual vehicle may vary from promotional images of the vehicle. There are no additional warranties on the vehicle except as may be offered by the manufacturer. Winner must be a licensed and insured driver and will be responsible for picking up the vehicle at a location as specified by the Sponsor. Any cost of transporting vehicle to another location is the responsibility of the Grand Prize winner. Delivery of the vehicle shall be made as soon as practical after the drawing, but in no event more than eight (8) weeks after the winner executes the Prize Claim Documents (as defined below). SPONSOR AND DEALERS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE VEHICLE.
The Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, an alternate winner may be selected for the prize at issue. The Prize winner and all entrants also agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities and Sponsor for, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in any part, directly or indirectly, from acceptance, possession, use or misuse of prize offered, or participation in this Sweepstakes.
By accepting the Grand Prize, the prize winner shall immediately release the Sponsor, its members, officers, employees, agents, successors and assigns and its franchisees (Refer to Section IX), for, from and against from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in any part, directly or indirectly, from acceptance, possession, use or misuse of prize offered, or participation in this Sweepstakes.
No transfer of prize will be permitted. Sponsor reserves the right, at its sole discretion, to substitute any prize package with another prize (or cash equivalency) of equal or greater value in the event that the advertised prize (or any component thereof) is not available. All decisions by Sponsor as to prizewinner and prizes are final. Total Prize MSRP is $18,000.00
VIII. PUBLICITY: By entering the sweepstakes, each entrant agrees to have his or her name, photograph, voice, biographical information, and likeness used in any and all media, by Sponsor and its designees, for advertising, publicity, and promotional purposes relating to the sweepstakes and future similar sweepstakes, without further compensation or notice, except as prohibited by law.
IX. RELEASE: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Total Health Chiropractic, Compliance Sweepstakes Services LLC (the “Administrator”), and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
X. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
XI. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. 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, provided that, if it is not possible to award another entry due to discontinuance of the Promotion for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
XII. DISPUTES: Except where prohibited, as a condition of participating in this Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of, or connected with this Promotion, or any prizes awarded, or the determination of Winner shall be resolved individually (without resort to any form of class action and with the understanding and agreement that these Official Sweepstakes Rules shall apply), and shall be submitted to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant’s actual out-of-pocket expenses (e.g., costs associated with entering this Promotion), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Michigan, in the City of Kentwood, County of Kent, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event that arbitration is prohibited, in a particular state/territory then any such claim shall be brought and maintained in the federal or state courts of the State of Michigan, in the City of Kentwood, County of Kent. Any dispute or claim arising out of the entry of this Promotion, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of Michigan, without respect to conflicts of laws principles.
XIII. WINNERS LIST/OFFICIAL RULES REQUEST: For the names and city/state of prizewinner or a copy of these Official Rules, send a request specifying a copy of the Winners List or Official Rules along with a self-addressed, stamped envelope postmarked by 8/26/13 and received by 8/29/13. Mail to: Compliance/ THC Win This Car Sweepstakes, PO Box 468, Stonington, CT 06378.
XIV. SPONSOR: Total Health Chiropractic of West Michigan, PLLC, 4462 Breton Rd. SE, Kentwood, MI 49508
XV. ADMINISTRATOR: Compliance Sweepstakes Services, 106 Elm St., Stonington, CT 06378 (the “Sweepstakes Administrator”).
XVI. MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Web Site, these are the Official Rules to be abided by.