EmblemHealth Social Media Policy

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. OPEN ONLY TO LEGAL RESIDENTS OF NEW YORK, 18 YEARS OR OLDER.

The EmblemHealth “We Mean Health December Giveaway” (“Sweepstakes” or “Promotion”) begins December 12th, 2022 at 4:00:00 p.m. Eastern Time ("ET") and ends December 16th, 2022 at 4:00:00 p.m. ET ("Promotion Period").

This Promotion is not sponsored, endorsed, administered by, or associated with Instagram or Facebook.

1. ELIGIBILITY

Promotion open only to legal residents of New York who are eighteen (18) years of age or older at the time of entry. Void outside New York and where prohibited. Employees, officers and directors of EmblemHealth, Inc. & Affiliates (“EmblemHealth”, the “Sponsor”), its member organizations and their respective parent companies, affiliates, subsidiaries, advertising/public relations/promotional/fulfillment agencies, website providers, web masters and prize providers, as well as the immediate family (defined as parents, spouse, children, siblings, regardless of where they live) and same household members of each such employee, officer and director are not eligible to enter or win.

2. HOW TO ENTER

Beginning 9:00:00 a.m. ET on November 30^th, 2022, and throughout the Promotion Period, participants can follow the instructions to enter the giveaway on our Instagram or Facebook giveaway post.

Use of an artifice or device to enter more than once per day will result in voiding of all entries in excess of the initial entry on a given day; but, Sponsor reserves the right to disqualify from the Sweepstakes altogether any persons who repeatedly and/or egregiously violate the entry limit as determined by the Sponsor in its sole discretion. Receipt of entries may be acknowledged but such acknowledgment does not constitute any representation as to eligibility for the Sweepstakes, nor is it otherwise binding upon the Sponsor. Proof of submission of entry does not constitute proof of receipt of the same.

Sponsor and its agencies are not responsible for late, lost, garbled/ undecipherable, misdirected, incomplete, inaccessible, corrupted or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed the entrant. The "authorized account holder" of an email address is the natural person assigned this email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

3. SELECTION OF WINNER. The winner will be selected at random from the eligible entries.

The potential winner will be notified via Instagram or Facebook comment and direct message, in Sponsor's sole discretion, within a commercially reasonable time after the drawing, after the giveaway has ended. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or ineligible contact information.

IF A WINNER DOES NOT CONFIRM THEIR PRIZE WITHIN TWO (2) BUSINESS DAYS, ANOTHER WINNER WILL BE CHOSEN.

4. PRIZES AND APPROXIMATE VALUE

The prize includes 1 Apple Watch SE ($249.99). The total prize package is worth approximately two-hundred and fifty dollars ($249.99).

All unspecified expenses in conjunction with acceptance and use of prize are the winner's sole responsibility. All taxes (if applicable) on prize won are the prize winner's sole responsibility. No prize substitution is allowed except by Sponsor in its sole discretion due to prize unavailability for any reason and only then for prize of equal value. Prize is not redeemable or exchangeable by winner for cash.

5. GENERAL RULES

All federal, state and local laws and regulations apply.

By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final in all respects; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes; and (iv) to forever and irrevocably release, defend, indemnify, and hold harmless each of the Sweepstakes Entities and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes promotional materials, (d) acceptance, defects in, delivery of, use, misuse or inability to use any prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (h) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or its designees. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of prize. All prizes are provided as-is without warranty, representation or guarantee of any kind, including but not limited to the warranty of merchantability or fitness for intended purpose.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sweepstakes Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize winners.

NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Releasees are not responsible for faulty, incorrect or mis-transcribed email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer or other device (or data/information contained thereon) related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or phone transmission that may limit a user's ability to participate in the Promotion. Sponsor reserves the right in its sole discretion to cancel, suspend or modify the Promotion if fraud, misconduct or technical failures destroy the integrity of the Promotion or impair the operation of the Promotion in whole or in part; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Promotion as determined by Sponsor, in its sole discretion. In such event, Sponsor will make the prizes available to be won in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. This includes conducting one or more affected Weekly Drawings from among all eligible entries received prior to the action taken by Sponsor. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor and its agency. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

6. DISPUTES

Sweepstakes, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of New York without regard to choice of law or conflict of law principles which would cause the application of the laws of any jurisdiction other than the State of New York; (2) any dispute, claims and causes of action arising out of or connected in any way with the Sweepstakes or the awarding of prizes shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in New York; (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 (if any), 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, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased.

SPONSORED BY: EmblemHealth, Inc. & Affiliates, 55 Water Street, New York, NY 10041

© 2022 EmblemHealth, Inc. & Affiliates. All Rights Reserved.