DietBet Members Gift Card Giveaway 2019/08/12
1. OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The DietBet Members Gift Card Giveaway Sweepstakes (the “Sweepstakes”) is sponsored by DietBet a WayBetter company, having an address of https://waybetter.com/ (“Sponsor”).
Subject to these Official Rules, the Sweepstakes is open only to permanent legal residents of the US and Canada who are at least 18 years old as of the date of entry. Employees of Sponsor, DietBet, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
3. ENTRY PERIOD:
The Sweepstakes begins at Aug 12, 2019 and ends at Aug 25, 2019 11:59PM EST(“Entry Period”).
4. HOW TO ENTER:
No purchase or payment is necessary to participate in the Sweepstakes. During the Entry Period, enter the Sweepstakes by visiting the DietBet Members Official Group and following the instructions for that week after joining the DietBet Membership Program. Alternatively, you may use the Alternative Method of Entry below.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
Alternative Method of Entry (“AMOE”):
You may also enter the Sweepstakes by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to The DietBet Members Gift Card Giveaway Sweepstakes: 205 E 42rd Street, 17th Floor, New York, NY 10017. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked no later than Aug 25, 2019. Each AMOE card received will be considered as one (1) entry for that entrant.
Regardless of the method used to enter this Sweepstakes, the maximum number of entries allowed during the Entry Period is one per entrant per week.
The prize has an estimated retail value of $25.
Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six months after the end of the Entry Period, send a self-addressed stamped envelope to Sweepstakes, 205 E. 42nd St. New York, New York 10017.
Please allow 1-3 weeks for delivery of Prizes. DietBet shall be solely responsible for Prize fulfillment.
6. PRIZE SELECTION:
The winning entry for the Prize will be chosen at random from all eligible entries during the Entry Period. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the potential winner, the potential winner will be deemed to be the person in whose name the email or facebook is registered.
The Sweepstakes will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes. (Winners will be notified by email; provided, however, that) Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize within 180 days after the date of notification of such Prize. A Sweepstakes winner's failure to respond to the Prize notification within the specified 180 days will be considered such Sweepstakes winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
7. GENERAL CONDITIONS AND RELEASES:
By entering the Sweepstakes or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize. Unless prohibited by applicable law, your acceptance of a Prize [constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).
An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Sweepstakes is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Sweepstakes; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL. By entering the Sweepstakes, you agree to and hereby do release and hold harmless Sponsor, DietBet and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Sweepstakes, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. This Sweepstakes shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Sweepstakes, you agree that any dispute or litigation arising from or relating to this Sweepstakes shall be determined by binding arbitration only in San Francisco, Calfornia, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.