Last Modified: December 18, 2023
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING PROMOTION WILL BE GOVERNED BY APPLICABLE U.S. LAW. VOID WHERE PROHIBITED.
This Wellness Challenge ("Challenge") is powered by Heka Health on behalf of our Customer (the "Customer") which is promoting this Challenge. This Challenge is subject to applicable federal, state, and local laws and regulations. By participating, you agree to abide by and be bound by these Official Rules and all decisions of the Customer, which shall be final and binding on you in all matters relating to this Challenge. Note that the prizes and associated drawings are managed by the Customer and no other entity, such as Apple, is sponsoring or connected with the contest-sweepstakes-prizes.
1. ELIGIBILITY: The Challenge is only open to individuals who, as of the time of entry and, if a winner, at the time of prize fulfillment, are at least 18 years of age or older or are of the legal age of majority in the jurisdiction in which they reside, except where prohibited or restricted by law. All federal, state, and local laws and regulations apply. The Challenge is only open to individuals and is not open to corporations, limited liability companies, businesses, charities, partnerships, enterprises, or any other entity. The Challenge is not open to employees, officers, or directors of Customer or any of their respective parent companies or affiliates or subsidiaries (collectively, the “Challenge Entities”), and the immediate family members (defined as spouse, biological, adoptive or stepparent, grandparent, child, sibling, or spouse of any of the foregoing, regardless of where they live), or household members (whether related or not) of any of the foregoing.
Eligible individuals must download the Challenge app and complete the in-app registration and pairing process with a supported activity tracker. Step data or “Points” must be synced before the challenge ends.
Limit: one (1) Entry per individual during the entire Challenge Active Period.
If you choose to enter via a mobile device, STANDARD MESSAGE RATES AND DATA CHARGES APPLY. Please consult the terms and conditions of your individual service plan prior to participating via a mobile device. A mobile device is not required to enter the Challenge.
No method of entering the challenge other than those described above will be accepted or acknowledged. The Challenge Entities are not responsible for any incomplete or inaccurate capture of, or loss of, entry information (regardless of cause); technical, hardware, software, mobile device, or other malfunctions, errors, delays, unavailability, or failures of any kind; any Internet connection, software, or hardware; any other delays in the transmission or receipt of entries, whether human or technical in nature; or unauthorized human intervention.
3. RIGHTS GRANTED: By submitting an Entry, you hereby grant the Customer, its affiliates, subsidiaries, assigns, licensees, and designees, to the extent permitted under applicable law, the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or portions of the Entry (as such may be edited and modified by the Sponsor at its discretion), and your name, likeness, and voice as incorporated in the Entry or relevant portion(s) thereof, for editorial, commercial, promotional and all other purposes, via any and all media whether now or later known or developed, including without limitation posting on Customer-affiliated websites, social media sites and/or other Customer-selected media.
By entering the Challenge, each entrant agrees that his/her Entry is gratuitous, unsolicited, and without restriction, and will not place Customer under any obligations other than those contained in these Official Rules and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to the entrant. Each entrant further acknowledges that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Entry.
By entering the Challenge, each entrant acknowledges that he/she will not now or in the future be paid or compensated in any way for his/her Entry or for granting the Customer any of the rights set out in these Prize Rules. Each entrant further acknowledges that the Customer is not obligated to make use of any of the rights granted in these Prize Rules.
4. PRIZES Winners are selected based on the qualifications outlined on the Challenge Webpage. The odds of winning depend on the number of eligible participants as determined by the Customer in accordance with these Prize Rules. Winners will be notified via email. All Prizes will be awarded provided they are claimed properly in accordance with these Prize Rules. No cash equivalents, substitutions, or transfer of Prize permitted except that Customer reserves the right to substitute a prize of equal or greater value in the event that an offered Prize is unavailable. All applicable federal, state, and local taxes on the Prize are the sole responsibility of the Prize winner. A prospective winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted) and return the same, properly executed, within five (5) days of issuance of Prize notification.
If any participant selected as a potential winner does not respond with a mailing address within 24 hours of the first notification attempt, if the Prize (as defined herein) or Prize notification is returned as undeliverable, if a winner rejects his/her Prize, or in the event of non-compliance with these Prize Rules, such Prize will be forfeited, and alternate winner(s) may be selected via a random drawing from all remaining eligible entries. Upon Prize forfeiture, no compensation will be given. Customer reserves discretion with respect to all Prize and Prize delivery details not specifically set out in these Prize Rules. Customer is not responsible for and will not replace any Prizes that are lost, mutilated, stolen, undeliverable, or do not reach any winner or are otherwise subject to circumstances outside Customer’s control.
By accepting a Prize, each winner (a) agrees and consents to the Customer releasing his/her identity/name to anyone requesting a list of Prize winners and the use of his/her name, likeness, voice, and/or biographical information (city and state of residence) for advertising, marketing, promotional and commercial purposes and for Challenge purposes in any media now known or hereafter invented without time or territorial limitations and without additional notice or compensation; and (b) acknowledges that the Released Parties (as defined in Rule 5, below) have not 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 Prize, including but not limited to its quality, condition, or fitness for a particular purpose or use.
5. OTHER CONDITIONS: By participating in the Challenge, each participant releases and agrees to indemnify, defend and hold harmless all of the Challenge Entities and each of their respective officers, directors and employees (collectively “Released Parties”) from and against any and all claims, injuries, damages, expenses, losses and/or liabilities of any nature that in any way relate to or arise from participant’s participation in the Challenge or participation in any Challenge-related activity, or from the use of any entry or from the receipt, possession or use/misuse of any Prize (if applicable), including, but not limited to claims and liabilities based on: (a) unauthorized human intervention in the Challenge (b) errors (including but not limited to human errors) in the administration of the Challenge or notification of winners; (c) injury or damage to persons or property (including death); (d) copyright infringement, trademark infringement or violation of the right of publicity; and (e) technical, hardware, software, telephone or other communication malfunctions or errors that may limit one’s ability to enter the Challenge, including but not limited to any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Challenge. Each winner shall bear all risk of loss or damage to his/her Prize after it has been delivered.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. If, for any reason, the Challenge is not capable of running as planned for any reason which Sponsor, in its sole opinion, deems capable of corrupting or affecting the administration, security, fairness, integrity or proper conduct of this Challenge, Sponsor reserves the right to terminate, modify or suspend this Challenge, in whole or in part. If the Challenge is terminated before the designated end date of the Promotion Period, Sponsor will randomly select the Challenge winners from among all eligible, non-suspect entries received as of the date and time of the event giving rise to the termination. In no event will Sponsor, and/or other Released Parties, be responsible or liable to any participant for any damages or losses of any kind, including, but not limited to, direct, incidental, consequential or punitive damages, to the extent they may be disclaimed by applicable law, arising out of or in connection with participation in the Challenge or the acceptance, possession, or use of any Prize (if applicable).
6. LIST OF WINNERS: Announcement of the Challenge winners be sent out to all Challenge participants via email at the end of the Challenge.
7. DISPUTES: All issues and questions concerning these Prize Rules, participants’ rights and obligations, or Customer’s rights and obligations shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
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