Caring.com Review Giveaway Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN
Open Only to Legal United States Residents Void in Rhode Island, Puerto Rico, and Where Otherwise Prohibited by Law
PRIZE: Subject to the provisions of these Official Rules, during the Promotion Period (as defined below) of the "Caring.com Review Giveaway Sweepstakes" (the "Promotion"), Caring, LLC ("Caring") will conduct one (1) drawing to select one (1) winner (the "Winner"), and award one (1) Prize (as defined below) to the Winner. The "Prize" will consist of one (1) Apple iPad® mini 4 Wi-Fi 64GB tablet. THE TOTAL MAXIMUM VALUE OF THE PRIZE WILL BE $499.
PROMOTION PERIOD: The Promotion begins at 12:00 AM Eastern Standard Time on Friday, December 18, 2015, and ends at 11:59 PM Eastern Standard Time on Sunday, January 17, 2016 (the "Promotion Period").
HOW TO ENTER: Subject to the "Conditions of Entry" below, each prospective entrant may enter the Promotion by doing one (1) of the following things during the Promotion Period. An entrant's method of entry does not affect the entrant's odds of winning. If a prospective entrant needs an email account, free email services are available, such as at gmail.com and hotmail.com. If a prospective entrant needs Internet access, such prospective entrant should visit his or her local library.
Enter Online: Each prospective entrant may enter the Promotion online by following the instructions posted to https://www.caring.com/review_submissions/ipad (the "Promotion Web Page") to take a survey (the "Survey") about an assisted living facility, in-home care agency, nursing home, or other such provider (each, a "Provider", and collectively, the "Providers"). For the avoidance of doubt, all entries must be received by Caring prior to the end of the Promotion Period. The entrant's responses to the Survey do not affect entrant's chances of winning, provided that the entrant must completely fill out the Survey. Upon completing and submitting the Survey, assuming such person is a valid entrant under the terms of these Official Rules, such person's entry shall be entered into the drawing for the Prize. Any part or all of the entrant's Survey may be shared with the Provider that was the subject of the Survey and may otherwise be used as Caring, in its sole discretion, sees fit, subject to applicable law. Illegible and incomplete entries are void. Caring is not responsible for any lost, late, inoperable, inaccessible, corrupted, mutilated, or misdirected emails, surveys, or entries, whatsoever, or any non-receipt of, or inability to open, view, read, complete, submit, or otherwise use any emails, surveys, or entries, whatsoever.
Enter by Mail: A person may enter the Promotion by mail by doing the following: on a postcard, legibly handprint or type his or her name, complete street address, city, state, zip code, daytime telephone number, age, and email address. Then affix sufficient postage and mail the postcard to: Caring.com Review Giveaway Sweepstakes, c/o Caring, LLC, Attention: Attention: Tim Sullivan, 2600 South El Camino Real, Suite 300, San Mateo CA 94403. Entries become the property of Caring and will not be returned. Illegible and incomplete entries are void. Caring is not responsible for any lost, late, mutilated, postage due, or misdirected entries or any entries not received by Caring for any other reason whatsoever. Assuming such person is a valid entrant under the terms of these Official Rules, such person's entry shall be entered into the drawing for the Prize. For the avoidance of doubt, all mailed entries must be received by Caring prior to the end of the Promotion Period. Entries submitted to Caring in connection with the Promotion will not be returned to entrants.
CONDITIONS OF ENTRY: No purchase is necessary to enter the Promotion or to win the Prize. The Promotion is open only to natural persons who (a) are legal United States residents (except for residents of Rhode Island, Puerto Rico, and any jurisdiction in which any such natural person would be prohibited by law from entering the Promotion), (b) are eighteen (18) years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a sweepstakes, if such age is greater than eighteen (18) years of age, and (c) have agreed to these Official Rules. Employees and/or agents of Caring (and/or its affiliates, subsidiaries, and/or divisions) and of agents of Caring (and/or their respective affiliates, subsidiaries, and/or divisions) or any of their respective affiliates, parent organizations, subsidiaries, divisions, trade partners, advertising and promotion agencies and associated marketing firms, and other vendors, and the respective immediate families of employees and other persons referenced in the foregoing in this paragraph, including, without limitation, household members of such persons, are not eligible to participate in the Promotion. Caring reserves the right to verify eligibility qualifications of the Winner.
Any use of robotic, mechanical, automatic, programmed, or like methods of participation in the Promotion will void each entry made by such methods. Each person may enter the Promotion up to, and no more than, five (5) times. In the event that a person attempts to submit more than five (5) entries, all but five (5) of such person's entries shall be void. Caring will not verify receipt of entries. Any attempted form of entry into the Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should Caring suspect or determine actual or attempted (a) fraud, tampering, impairment, or disruption of the administration, security, fairness, or proper play of the Promotion, or (b) violation of these Official Rules, Caring reserves the right, in its sole discretion, to void any and all entries of an entrant, or suspend or prohibit the participation of any person, whom Caring determines, in its sole discretion, is responsible or otherwise involved with such acts.
ANY ATTEMPT BY ANY INDIVIDUAL(S) TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR WEB PAGE (INCLUDING, WITHOUT LIMITATION, THE PROMOTION WEB PAGE) AND/OR DAMAGE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH AN ATTEMPT BE MADE, CARING RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND/OR TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.
ODDS OF WINNING: Odds of winning will vary depending on the number of eligible entries submitted by an entrant and the overall number of eligible entries received. A purchase does not increase an entrant's odds of winning. CONSENT TO PUBLICITY AND USE: Except where prohibited by law, each entrant, by acceptance of the Prize, grants Publicity Rights to Caring and its parent organizations, subsidiaries, affiliates, and assigns. As used in the immediately foregoing sentence, "Publicity Rights" means, with respect to each entrant, the absolute and worldwide right, license, and permission and consent to use, for any promotional and/or publicity purposes and in any manner or media whatsoever (including, without limitation, on the Promotion Web Page or on any other Web page or social networking site maintained or otherwise used by or on behalf of Caring and/or any of its parent organizations, subsidiaries, and/or affiliates), that entrant's full legal name, voice, photograph, biographical information (including, without limitation, hometown and state), email address, and/or likeness, whether alone or accompanied by other material and whether unaltered or distorted or altered in character or form.
SELECTION AND NOTIFICATION OF THE WINNER: Subject to these Official Rules, the one (1) winning entry will be selected at random, within approximately thirty (30) days following the end of the Promotion Period, from among all entries received by Caring during the Promotion Period and submitted in accordance with these Official Rules, including, without limitation, the "How to Enter" section of these Official Rules. The Winner will be the entrant who submitted the winning entry. The Winner will receive the Prize.
NO WINNER WILL BE REQUIRED TO BE PRESENT AT THE TIME OF ANY SELECTION DRAWING.
On or about seventy-two (72) hours after the determination of the Winner, the Winner will be notified by email or telephone. The Winner must claim his or her Prize within ten (10) business days after the date of Caring's first notification attempt, which shall be, with respect to the Winner, the first date notification is sent to the Winner, if the Winner is contacted by email, or the first date a call is placed to the Winner, if the Winner is contacted by telephone. The Winner must claim the Prize in the manner indicated in Caring's notification of the Winner. For the avoidance of doubt, the Winner must continue to comply with these Official Rules. If the Winner fails to claim the Prize within such ten (10) business day period of time, is found to be ineligible, fails to comply with these Official Rules, or fails to meet the requirements of these Official Rules, the Winner will be disqualified and a new, replacement Winner, drawn randomly from the remaining eligible entries, will be selected in place of such disqualified Winner and contacted by Caring. Caring's decisions with respect to the Winner, any replacement Winner, and other matters pertaining to this Promotion shall be final.
REQUIREMENTS OF THE WINNER: The Winner will be required to sign an Affidavit of Eligibility and Release of Liability for Participation, Publicity, and Use (an "Affidavit") as a part of determining the Winner's eligibility to win the Prize and, prior to, and as a condition of, the Winner's acceptance and use of the Prize. If the Winner's Affidavit and all other documents required by Caring, in its sole discretion, are not completed as specified, are not received by Caring within ten (10) business days of notification, or, after Caring's receipt of the Affidavit from the Winner, the Winner is found to be an ineligible entrant, the Winner's entry will be disqualified and a new, replacement Winner, drawn randomly from the remaining eligible entries, will be selected in place of such disqualified Winner and contacted by Caring.
TO RECEIVE THE WINNER'S NAMES OR OFFICIAL RULES: To request the names of the Winner or a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope (residents of Washington State and Vermont need not include postage) to: Caring.com Review Giveaway Sweepstakes, c/o Caring, LLC, Attention: Tim Sullivan, 2600 South El Camino Real, Suite 300, San Mateo CA 94403. Please specify whether you are requesting the name of the Winner or a copy of these Official Rules. Requests for the name of the Winner must be received by Caring at the address above from the tenth (10th) business day following the end of the Promotion Period through the twentieth (20th) business day following the end of the Promotion Period. Requests for a copy of these Official Rules received more than ninety (90) days after the end of the Promotion Period will not be honored.
SPONSOR: Caring is the sponsor of the Promotion.
NONE OF FACEBOOK, LINKEDIN, TWITTER, NOR APPLE IS A SPONSOR: The Promotion is in no way sponsored by, endorsed by, administered by, or associated with Facebook Inc. ("Facebook"), LinkedIn Corporation ("LinkedIn"), Twitter, Inc. ("Twitter"), Google Inc. ("Google"), YouTube, LLC ("YouTube"), Vimeo, LLC ("Vimeo"), Apple, Inc. ("Apple"), or any Provider. “iPad” is a registered trademark of Apple.
GENERAL CONDITIONS: Florida law governs the Promotion. Void where prohibited. Caring reserves the right to cancel or modify the Promotion if fraud, misconduct, technical failure, or any other factor beyond Caring's reasonable control impairs the integrity of the Promotion, as determined by Caring in its sole discretion, or if a computer virus, bug, or other technical problem corrupts the administration or security of the Promotion, as determined by Caring in its sole discretion. In the event that Caring cancels or modifies the Promotion, Caring will post to the Promotion Web Page notice that the Promotion has been cancelled or modified. In such event, Caring reserves the right to award the Prize at random from among any eligible entries received up to the time of the impairment or in any other method selected by Caring, in its sole discretion. Caring reserves the right, in its sole discretion, to change the dates of the Promotion Period, with or without notice, in the event of technical failure or for any other reason. THE WINNER IS SUBJECT TO VERIFICATION BY CARING. CARING'S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT THE WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Any attempt by any person to deliberately damage or undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil laws. Caring's failure to enforce any term of these Official Rules shall not constitute a waiver of Caring's ability to enforce its rights. Any taxes due on the Prize will be the sole responsibility of the Winner. The Prize is non-transferable, except in accordance with the laws of descent and distribution, and may not be substituted or redeemed for cash, except by Caring, which reserves the right, in its sole discretion, to substitute the Prize with another prize of comparable or greater value. Except as explicitly provided otherwise in these Official Rules, neither Caring nor any subsidiary or affiliate of Caring will enter into correspondence, including email, regarding the Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision of these Official Rules. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules.
Expenses not specifically stated as part of the Prize and all expenses not specifically identified as being included in the Prize, are the sole responsibility of the Winner of that Prize. All taxes, fees, and surcharges related to the Prize, if any, are the sole responsibility of the Winner of that Prize. No Prize shall be used in connection with any other promotion or offer.
DISPUTES: Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or Florida state courts of record in Palm Beach County, Florida, (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event shall such costs include attorneys' fees, and (c) under no circumstances will an entrant be permitted to obtain awards for, and, by entering the Promotion, entrant waives all rights to claim, punitive, indirect, special, incidental, and consequential damages, and any other damages (other than for actual out-of-pocket expenses described in subsection (b), above), and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY OR MAY BE OF LIMITED APPLICATION. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules and/or the rights and obligations of the entrant and Caring in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. All Florida state and local laws and regulations apply.
INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify, and hold Caring, Facebook, LinkedIn, Twitter, Google, YouTube, Vimeo, Apple, the Providers, and their respective parent organizations, subsidiaries, affiliates, and divisions, and their respective representatives, attorneys, assigns, agents, and licensees, and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors, or other partners, and any of their employees (each, including, without limitation Caring, Facebook, LinkedIn, Twitter, Google, YouTube, Vimeo, Apple, and the Providers, a "Released and Indemnified Party," and collectively, including, without limitation, Caring, Facebook, LinkedIn, Twitter, Google, YouTube, Vimeo, Apple, and the Providers, the "Released and Indemnified Parties"), harmless from and against any and all rights, demands, losses, injuries, liabilities, damages, claims, causes of action, actions, and suits of any kind whatsoever (whether at law or in equity), fees, costs, and attorneys' fees (including appellate level) whatsoever (each, a "Claim," collectively, "Claims"), brought or asserted by any party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the entrant's entry in the Promotion, participation in the Promotion, the Promotion, the Prize, and/or use or misuse of the Prize, and/or the entrant's submission to Caring and/or to any third party.
BY ENTERING OR ATTEMPTING TO ENTER THE PROMOTION, EACH ENTRANT AND ATTEMPTED ENTRANT AGREES TO RELEASE, DISCHARGE, AND HOLD HARMLESS EACH RELEASED AND INDEMNIFIED PARTY FROM AND AGAINST ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH, INDIRECTLY OR DIRECTLY: (A) ENTRY OR PARTICIPATION IN THE PROMOTION AND/OR (B) ACCEPTANCE, USE, OR MISUSE OF THE PRIZE.
LIMITATIONS OF LIABILITY: Caring is not responsible for: (a) electronic, human, United States Postal Service, equipment programming, or any other error, omission, interruption, defect, or delay which may occur in the administration of the Promotion or the processing of any entry, the Prize, in the Official Rules, or in any other materials related to the Promotion, (b) technical failures of any kind, including but not limited to, the malfunctioning of any electronic equipment, computer, Internet, Web site, network, hardware, or software, or the occurrence of any computer virus, bug, or other technical problem, (c) unauthorized human intervention in any part of the entry process or the Promotion, (d) any entrant's conduct in connection with the Promotion, (e) any printing, typographical, or technical errors in any materials associated with the Promotion or the Prize, (f) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (g) any death, injury, or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant's entry or participation in the Promotion or use or misuse of the Prize.