Headache Hat Giveaway: Terms and Conditions
Official Rules, Terms and Conditions for the Headache Hat Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Headache Hat Giveaway (the “Promotion”) begins at 9:00 am Eastern Time (“ET”) on 3/18/2019 and ends at 5:00 pm ET on 4/5/2019 (the “Promotion Period”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are at least 18 (except in Alabama and Nebraska must be at least 19 and in Mississippi at least 21) years of age or older as of date of entry. Employees, Contributors, Moderators, Officers and Directors of Health-Union, LLC. (“Sponsor”) and their affiliates, subsidiaries, (collectively, “Administrator”) and their immediate families (parent, child, sibling & spouse and their respective spouses (regardless of where they reside), and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion.
HOW TO ENTER: Beginning 3/18/2019 at 9:00 am ET, follow the instructions to enter the giveaway by entering your email address in the submission box provided on https://migraine.com/. By submitting your email address and entering you are agreeing to subscribe to https://migraine.com/ email communications, to which you may unsubscribe at any time.
One (1) entry per person. Entrants must enter before 5:00 pm ET on 4/5/2019, in order to be eligible to win the prize. Entries received after this date and time will not be included in the selection process. All entries will be entered into a prize drawing and three (3) winners will be randomly selected by Health-Union, LLC. The decisions of by Health-Union, LLC are final on all matters relating to this competition. Odds of winning will depend upon the number of eligible entries received. The winners will be notified by email and the winners have 48 hours to claim prize before another winner will be chosen. The prize is not transferable and there is no cash alternative.
By entering the giveaway, you agree to release Health-Union, LLC from all responsibility or liability for damages, losses or injuries of any kind resulting from participation in the Promotion or using any prize-related activities, or any awarding, possession, use and/or misuse of prize(s), awarded herein.
Any giveaway entries (including any content therein) that are submitted, transmitted or otherwise made available to Health-Union, LLC shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to Health-Union, LLC that any entry submitted in connection with the Promotion:
(a) is true, accurate, current, complete and not misleading, fraudulent or deceptive;
(b) does not and will not violate any applicable state, federal or local laws (including regulations pertaining to sedition, obscenity or abuse);
(c) does not and will not violate the rights of any third party, including, without limitation, copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy;
(d) is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by Health-Union, LLC; and
(e) will not subject Health-Union, LLC to any form of liability or prejudice whatsoever.
LICENSE TO USE: By submitting any entry, entrant hereby grants Health-Union, LLC and its successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the entry or any portion thereof, in or through any medium, whether now known or hereafter created in any manner without further compensation during or after the Promotion Period. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Health-Union, LLC.
WINNER NOTIFICATIONS: The potential promotion prize winners will receive winner notifications via email provided in the entry. All winners are subject to verification before any prize will be awarded. Entrants must provide all information requested to be eligible to win. The potential promotion prize winners must claim their prize within 48 hours of winner notification before forfeiting their prize. Potential promotion prize winners become the “Promotion Prize Winners” only after verification of eligibility by sponsor. If such potential winner(s) cannot be contacted within a reasonable time period, if the potential winner(s) is ineligible, if any notification is returned undeliverable, or if the potential winner(s) otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner(s) will be selected from among all remaining entries for the drawing.
PRIZE/PRIZE RESTRICTIONS: One (1) Promotion Prize (the “Promotion Prize) will be awarded upon completion during the Promotion as detailed below:
PROMOTION PRIZE: Promotion Prizes will be awarded consisting of : One (1) Headache Hat (approximate retail value $39.99)
GENERAL PRIZE RESTRICTIONS: The Promotion Prize will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. Sponsor is not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. PRIZE IS AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE Sponsor. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED IS WINNER’S SOLE RESPONSIBILITY. Prizes are not transferable. No substitution or transfer of prize by winner permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that the advertised prize is unavailable. All applicable income taxes are the sole responsibility of winner. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.
GENERAL: Acceptance of a prize constitutes permission for Sponsor to use winner’s name, photos and likeness for advertising and promotional purposes without additional compensation unless prohibited by law. By entering, entrants and their respective parents or legal guardians release, discharge and hold harmless Sponsor, its subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability or any injuries, loss, or damage of any kind arising from or in connection with this competition or any prize won. By participating in this promotion, entrants agree to be bound by these Official Rules and the chosen winning selection, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in these competition materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Except otherwise stated in these Official Rules, normal by Health-Union, LLC Terms and Conditions apply to the prize.
LIMITATIONS OF LIABILITY: The Sponsor assumes no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to the participant or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Sponsor reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Sponsor will award the prize from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
RELEASES: As a condition of participation in this Promotion, you agree to release, hold harmless and indemnify Health-Union, LLC from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, (iv) any typographical or other error in these Official Rules, or (v) rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort (including negligence), warranty or other theory.
NOT ENDORSED BY INSTAGRAM, FACEBOOK OR TWITTER: By participating in this Promotion, you acknowledge that this Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram, Facebook or Twitter and release Instagram, Facebook, and Twitter from any and all liability arising from or related to this Promotion. The information you are providing for this Promotion is being provided to Sponsor and not to Instagram, Facebook or Twitter and will be used to notify you if you have won.
CHOICE OF LAW AND JURISDICTION: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion 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 New York. 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 the Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the the state of New York.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.
WINNER LIST: To receive the list of the prize winners, send a self-addressed, stamped envelope for receipt by January 31, 2019 to: Headache Hat Giveaway Winner List Request, ℅ [Joanna Bodner, Associate Director, Community Development], Health-Union, LLC., 1217 Sansom Street, Philadelphia, PA 19107.SPONSOR: Health-Union, LLC, 1 International Plaza, Suite 550 Philadelphia, PA 19113
ADMINISTRATOR: Health-Union, LLC, 1 International Plaza, Suite 550 Philadelphia, PA 19113
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