Official Rules for EmblemHealth’s #FluFreeNYC Sweepstakes
NO PURCHASE NECESSARY TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANGES OF WINNING.
EmblemHealth’s #FluFreeNYC Sweepstakes (“Sweepstakes”) is not endorsed, sponsored, administrated by, or associated with Instagram, LLC or any other social media platform. Participation constitutes entrant’s full and unconditional agreement to the following legal terms and requirements.
- Sponsor: EmblemHealth Services Company LLC (“Sponsor”)
- Timing: The sweepstakes begins on November 13, 2015 at 9:00 a.m. Eastern Time (“EST”) and ends on December 13, 2015 at 11:59 p.m. EST (the “Promotion Period”).
- Eligibility: The Sweepstakes is open only to legal residents of the City of New York who are at least eighteen (18) years old at the time of entry. Multiple entries are permitted. Participation is subject to all federal, state and local laws and regulations and is void where prohibited or restricted by law. Employees of EmblemHealth, LLC and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.
- How to Enter: You will need an Instagram account to enter. Creating an Instagram is free, but is subject to the site’s applicable terms and conditions (http://instagram.com/about/legal/terms). Posting on Instagram requires a mobile device and standard data charges from your wireless carrier may apply. Your account settings must be public in order for your submissions to be viewable by Sponsor. Take the following actions to enter:
- Follow @EmblemHealth on Instagram
- Post a photo of yourself only, along with a message and the hashtag #FluFreeNYC (herein your “Submission.”) You will automatically receive one (1) entry into the Sweepstakes.
Posting a Submission constitutes entrant’s consent to grant Sponsor and its subsidiaries, designees, successors, assigns and licensees a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, creative derivative works from, and display the entry and all elements embodied therein, along with the entrant’s name, Instagram username and hometown/state in any manner, form, media or technology now known or later developed, including advertising.
Please do not post or direct message Sponsor with your social security number, financial information, EmblemHealth member ID or other protected health information (PHI). Submissions must not be indecent, obscene, hateful, tortious, defamatory, libelous or contain materials that violate or infringes another individual or entity’s rights (including but not limited to privacy or intellectual property rights).
- Selection: Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period. Odds of winning a prize depends on the number of eligible entries received. The potential winner will be notified by Sponsor through an Instagram Direct Message requesting their full name, date of birth and mailing address. If the potential winner fails to respond within three (3) days of the date of notice or attempted notice, they will be disqualified and forfeit the prize. An alternate winner will then be selected at random from the remaining eligible entries.
- Prize: One (1) Samsung Galaxy Tab® 4 NOOK® 7.0 preloaded with recipes and health and wellness e-books. Actual Retail Value: $150 for NOOK®, $50 for e-books. No substitution of a prize will be made and Sponsor reserves the right to substitute a prize for one of equal or comparable value if the designated prize should become unavailable for any reason.
- Release: By participating in the Sweepstakes by using #FluFreeNYC on Instagram, entrants agree to release and hold harmless Sponsor, Instagram, LLC and their respective subsidiaries, affiliates, suppliers, distributors, employees or agents (“Released Parties) from and against any claim or cause of action, including but not limited to, personal injury, damage to or loss of property arising out of participation in the Sweepstakes or receipt of the prize.
- Publicity: Participation in the Sweepstakes constitutes entrants consent to Sponsor’s and their agents’ use of entrants’ name, likeness, photography, voice, opinions and/or hometown/state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by Law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for, nor is it required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another person’s e-mail account and name, as well as those lost for technical reasons or otherwise.
- Limitations of Liability:The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes, (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or receipt or use of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another provide another entry. No more than the stated number of prizes will be awarded.
- Disputes:Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law of conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- Sweepstakes Results: Sweepstakes results will be announced on @EmblemHealth Instagram and other social media sites as applicable.