"WIN UP TO $10,000 IN PRIZES FROM
BEVERLY HILLS MD" INSTANT WIN GAME
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS GAME IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THIS GAME IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES.
Sponsor/Administrator: The “Win up to $14,000 in prizes from Beverly Hills MD” Instant Win Game (the "Game") is sponsored by Beverly Hills MD, LLC., 8383 Wilshire Blvd #800, Beverly Hills, CA 90211 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the “Administrator”) The Sponsor is responsible for all aspects of this Game. Participation in the Game constitutes a participant’s full and unconditional agreement to these Official Rules, and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Game.
ELIGIBILITY: Participants must be legal residents of the 50 United States, and D.C., who have the age of majority in his or her state of residence at the time of entry (the “Entrant”). Employees of the Sponsor, Beverly Hills MD, ViralSweep LLC, the Administrator and marketing agencies, engaged in the development, production or distribution of materials/prizes for this Promotion, their immediate family members and persons living in the same households of each (whether related or not) are not eligible to participate, (collectively, including the Sponsor, “Released Parties”), their immediate families (including parents, children - whether step children or adoptive children or biological children, siblings, spouses and in-laws) and persons living in the same household (whether related or not) are not eligible to participate in the Game. Void where prohibited or restricted by law, rule or regulation.
PROMOTION PERIOD: The Game begins at 12:00:01 a.m. Pacific Time ("PT") on October 15, 2016 and ends at 11:59:59 p.m. PT on December 1, 2016 ("Promotion Period").
HOW TO PARTICIPATE:
1). With Purchase: Customers who order three or more bottles of any BHMD product at will receive a scratch off game ticket (“Game Ticket”). Ordering more than three bottles per order will only entitle the Customer to one (1) ticket per order. The game ticket will reveal the Game entry code number. Visit the Game website, www.beverlyhillsmd.com/goldenticket (the “Website”), follow the links and instructions, input your email address and your Game Code (“Game Ticket Code”) to see if you are an instant winner. If you receive a winning message during your online session at the Website upon submission of your entry and participation in the Game, then you are a winner – subject to verification by the Sponsor whose decisions are final. If you do not receive a winning message during your online session at the Website upon submission your entry and participation in the Game, you are not a winner.
Please allow up to six (6) weeks for verification of eligibility and delivery of any prize. If by reason of printing or other error, more prizes are claimed than number set forth in Official Rules, no more than advertised number of prizes will be awarded. A “Screen Shot” is not proof or evidence of a winning entry and/or prize. An Entrant is not a winner of any prize, even if the Website should so indicate, unless and until said Entrant’s eligibility has been verified and said Entrant has been notified that verification is complete. Sponsor will not accept Screen Shots or other evidence of winning in lieu of its validation process.
All entries become the property of Sponsor. In the event of a dispute regarding entries, any entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry, provided that person meets all eligibility requirements set forth in these Official Rules. “Authorized Account Holder” means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of Entrants.
2). Without Purchase: Eligible Entrants can obtain a free game piece without making a purchase by sending a 3” x 5” card or paper with their full name, complete mailing address, phone number, and e-mail address, and mailing the card in an envelope, with proper postage affixed to: “Beverly Hills MD” Instant Win Game Ticket Request, 8383 Wilshire Blvd, #800 Beverly Hills, CA 90211. A free game pieces will be emailed to the e-mail address provided on the mailed in entry. You may submit as many postal entry requests as you wish, but each request must be mailed separately. All entries must be postmarked by December 10, 2016, and received by December 15, 2016. Limit one (1) game ticket request per stamped envelope per person per day while supplies last. No mechanically reproduced/photocopies requests accepted. Sponsor is not responsible for lost, late, incomplete, incorrect, damaged, misdirected, illegible, postage due mail requests. All requests are Sponsor's property and will not be returned. Once a game ticket is received by an Entrant, they can participant in the game by visiting the Website and following the instructions listed above.
GENERAL CONDITIONS: If for any reason the operation or administration of this Game is impaired or incapable of running as planned for any reason, including but not limited to (i) printing errors; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Game in whole or in part, at any time, without notice in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Game or Game entry process; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to correct an error in any promotional materials or these Official Rules.
By participating in the Game, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Game or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Game; (iii) printing errors; (iv) errors in the administration of the Game or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Game or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Game, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
PRIZES: Sponsor will award a total of twenty-two (22) prizes and/or 39,978 discount coupons. 40,000 game pieces will be printed.
INSTANT PRIZE DESCRIPTION | ARV (PER) | QUANTITY | ODDS |
Grand Prize — Cash | $10,000 | 1 | 1:40,000 |
Second Prize — Cash | $1,000 | 1 | 1:40,000 |
Third Prize — Cash | $200 | 10 | 1:4,000 |
Fourth Prize — Cash | $100 | 10 | 1:4,000 |
Total Prize Pool $14,000
Prize & Prize Conditions: All state, federal, and local taxes or other expenses not specified herein are the sole responsibility of the Winners. By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Game or receipt or use of the Prize. The potential Grand and First Prize Winners will each be notified by home-delivered mail, phone, and/or email, and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim their prize. Note: The Affidavits sent to the potential Grand and First Prize Winners will require that the Winners provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The Grand Prize Winner and First Prize Winner must also note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of their Prize. Each Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached by the Administrator within three (3) calendar days from the first notification attempt, or if a potential (Grand Prize/First Prize) Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS GAME OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Game or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prizes. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Game or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
USE OF DATA: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at /privacy.php. By participating in the Game and providing your email address, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for each Winner, please send a self-addressed, stamped business size envelope, by February 15, 2017, to: ASC/ “Beverly Hills MD” Game Winners List Request, 300 State Street, Suite 402, Rochester, NY 14614.
4.1 | Entire Agreement. This Agreement constitutes the entire agreement between the You and Sponsor, and cancels and supersedes any prior offers of settlement, agreements, correspondence, discussions and negotiations between those parties which may have related to the subject matter contained in this Agreement. No agreements or representations, written or oral, have been made by either Party which are not set forth expressly in this Agreement. |
4.2 | Modification, Amendment, Waiver. No modification, amendment or waiver of any provision of this Agreement will be effective unless approved in writing by all Parties. The failure at any time to enforce any of the provisions of this Agreement will in no way be construed as a waiver of similar or dissimilar provisions and will not affect the right of either Party thereafter to enforce each and every provision hereof in accordance with its terms. |
4.3 | Fees and Expenses. Pursuant to California Civil Code Section 1717, in the event that any Party should default under this Agreement and/or in the event that legal or other action is required to enforce any Party’s rights under this Agreement, then the Party in default shall pay the Party forced to enforce its rights hereunder for the reasonable attorneys’ fees and other related costs and expenses incurred in connection with the enforcement of this Agreement. |
4.4 | Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. |